How to Get an E-2 Treaty Investor Visa in Edinburg, Texas

Depending on your circumstances, you may qualify for an E-2 Treaty Investor Visa in Edinburg, Texas. The E-2 Treaty Investor Visa allows entrepreneurs from certain countries to work and live in the US by investing in a business. There’s no minimum investment, but it must be enough to at least get the business up and running. Whether you’re in or outside the US, this may be a way to create and run a company in the US. Dora Alicia Garza helps clients qualify for E-2 visas and will explain what they are and how they work.

E-2 treaty investor visa Garza Law Office, PLLC, helps business owners like you through the E-2 visa process. E-2 treaty investor visa attorney Dora Alicia Garza ensures that your US company is set up for success. Whether you’re starting a new venture or expanding an existing one, our Edinburg immigration lawyer can provide you with guidance every step of the way

What is an E-2 Visa?

An E-2 treaty investor visa allows investors and their employees to stay in the US as long as their business is operational and meets the visa requirements. Other visas have strict time limits, but an E-2 visa can be renewed as long as requirements are met, which makes it an option if you want to build a lasting US business. However, a visa requirement is not to intend to use it as a means to stay permanently in the country.

Who Might Qualify for an E-2 Investor Visa?

You must, according to the US Citizenship and Immigration Services (USCIS):

• Be a national of a country that has a treaty of commerce and navigation with the US
• Have invested, or be actively investing, a substantial amount of capital in a bona fide US enterprise
• If you’re not in the US, you must be seeking to enter the US solely to develop and direct the enterprise.
• Own at least half of the enterprise or have operational control through a management position or other corporate device

The investment involves capital, including funds or other assets, which are at risk, and your goal is to generate a profit. If the investment fails, the capital must be subject to partial or total loss. The applicant must show that their funds have not been obtained through criminal activity.

A “substantial” amount of capital is:

• “Substantial” considering the cost of purchasing an established business or starting a new one
• Enough to ensure the applicant’s financial commitment to the business’ successful operation
• Large enough to support the likelihood that the investor will successfully develop and direct the enterprise
• The lower the enterprise’s cost, the higher, proportionately, the investment must be

A “bona fide” enterprise is an undertaking that’s:

• A real, active, and operating commercial or entrepreneurial undertaking
• Producing goods or services for a profit
• Meets applicable legal requirements for doing business in its location

The enterprise cannot be “marginal,” which means it lacks the capacity to generate more than sufficient income to produce a minimal living for the applicant and their family. An exception can be if it can generate such income within five years of the start of the investor’s E-2 classification.

Who Might Qualify for an E-2 Employee Visa?

A treaty investor’s employee must be:

• The same nationality of their principal alien employer, whose nationality must be of a treaty country
• An “employee” under relevant law
• Engaged in duties of an executive or supervisory nature, or have special qualifications for a lesser position

If the principal alien employer is not a person, it must be a company or organization that’s at least half owned by someone in the US of a treaty country nationality. These owners must:

• Maintain nonimmigrant treaty investor status, or,
• If they’re not in the US, if they sought admission, be classifiable as nonimmigrant treaty investors

Their duties must be of an executive or supervisory character that primarily provide the person control and responsibility for the business’ overall operation, or a major part of it.

Alternatively, their special qualifications are skills and/or aptitudes that make the person’s services essential to the enterprise’s efficient operation. There are several qualities or circumstances that could, depending on the situation, meet this requirement, including, but not limited to:

• The degree of expertise in the person’s area of operations
• Whether others have their specific skills
• The salary range of those with these special qualifications can earn
• Whether the skills and qualifications are readily available in the US

Knowledge of a foreign language and culture isn’t enough. A skill that’s essential at one point may become common in the future and no longer qualify.

What is the E-2 Visa’s Period of Stay?

Qualified treaty investors and employees are allowed a maximum initial two-year stay. Requests for an extension or to change your status to an E-2 classification may be granted for up to two years. There’s no limit on the number of E-2 nonimmigrant extensions, but all E-2 visa holders must have the intent to leave the US when their status expires or is terminated.

How Do I Start the Process?

Other than getting critical help from E-2 treaty investor visa attorney Dora Alicia Garza, if you’re legally in the US, you must fill out USCIS Form 129. You must complete the Department of State’s DS-156 and DS-160 forms if you’re outside the US.

How an E-2 Treaty Investor Visa Lawyer in Edinburg, TX Can Help

If you are willing and able to invest enough money in an American business, an E-2 visa may open the door for you and your family to live legally in the US. Depending on your skills and job requirements, working for such an investor may also be a way to obtain legal immigration status in the US.

The E-2 Treaty Investor Visa Garza Law Office, PLLC, has considerable experience representing US residents with business immigration and investor visas. Our team will assist you with preparing a strong E-2 visa application, creating a detailed business plan, and addressing any legal challenges that arise.

If you are considering applying for an E-2 Treaty Investor Visa, contact us today for a consultation. Call our immigration law firm at (956) 329-1304 or complete our confidential contact form to start exploring your options.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.