The E2 Treaty investors visa was designed to help a foreigner reside in the US and make investments. The details for petitioning this visa state that if an individual can invest in and manage the investments after having invested in excess of $200,000 into a US company, they will be eligible to apply. The visa, however, is only available to those countries with which the US has a navigation and trade treaty. This excludes Brazil, India and Russia.
If the issue arises of changing an investor's status from any lawful non-immigrant to E-2 while they are in the US, then the person will have to fill out the Form I-129 and request the change. The minimum period of extension is two years, and can be extended as many times as you like, provided that you meet the criteria of your original visa.
Eligibility of E-2 Visa
If you're an investor and applying from home, then it isn't possible to use the Form I129 for a visa request. As a Treaty Investor Petitioner, you can check the following qualifications:
* Citizenship of a country with a Treaty of Navigation and Commerce (TNC) agreement with the US is required
If you have invested or plan to invest in an American-based company or business, your investment must be at least $200,000
To enter the US legally to develop your business, you'll have to show that you own 50% of the company or direct control over the operation. You will also need an E-2 Visa.
Investors must show the legality of the investment and that they are willing to lose their money if the venture fails.
The amount of investment can also vary depending on the size and type of business. It cannot, however, be less than $200,000. Most companies or investors who are interested in applying for the E-2 Treaty Investor Visa will seek out the help of an immigration attorney. They have better knowledge of the regulations and rules, and also understand the subtleties of the documents.
It is crucial to understand the requirements of capital investment. The investor will not be able to own a commercial project of any size with $200,000 if they plan on doing so. Capital investment amounts are determined by the size and nature of the business. The USCIS decides the capital amount and the E-2 Visa is issued accordingly. The visa was issued on the assumption that the person would return home after the job is complete, but most people choose to stay in the US and change their status.
The family will automatically be granted the E-2 Visa based on the E-2 primary visa holder. However, children who accompany them in the US must not exceed the age of 21. The spouse of an E-2 visa-holder can legally work but children under 21 cannot.
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