Formal requirements
Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. The applicant must be coming to the United States to develop and direct the operations of an enterprise in which the applicant has invested a substantial amount of capital or to work in the enterprise as an executive, supervisor, or essentially skilled employee.
A list of treat countries can be found at: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html.
Economic requirements
For the U.S. company to qualify, it must have the same nationality as a U.S. treaty partner, i.e., it must be at least 50% owned by a company which is owned by treaty country nationals or it must be at least 50% directly owned by treaty nationals who are not lawful permanent residents of the U.S. The individuals who are to be transferred to the U.S. must be of the same nationality as the ultimate owners of the U.S. company, i.e., must be of the same nationality as the treaty partner.
The E-2 additionally requires the foreign parent to make a “substantial investment” in the U.S. company. There is no set amount that must be invested but rather the investment must be reasonable in relation to the business that is going to be operated. The investment must be a bona fide or real, active commercial or entrepreneurial undertaking, which produces a service or commodity, rather than a marginal enterprise. The U.S. company must also employ some U.S. workers. If not the principle investor, individuals coming to the U.S. on the E visa must come as executive, manager or essential skills employees
Other investment opportunities
Minimum stay requirements
The E-2 visa stamp is issued for five (5) years and status is given for two (2) years from each entry. There are no minimum stay requirements.
Ongoing requirements
The E-2 is indefinitely renewable so long as the business remains operational and the ownership structure remains viable for E-2 purposes.
Ability to bring in family
Yes. Spouses and children under 21 years of age are eligible for derivative status. Spouses are also work authorized upon admission to the US in E-2S status.
Language requirements
N/A
Tax implications or related issues
Tax specific questions should be discussed with tax advisors.
Other benefits/considerations
Visa-free travel in Europe's Schengen area
No minimum or maximum stay in Greece required
Contact information
Name: Amanda Franklin
Firm: Moore & Van Allen PLLC
Email address: amandafranklin@mvalaw.com