USA E2 Business Requirements

The E2 Treaty Investor Eligibility Requirements

E-2 holders must enter "solely to develop and direct the operations of an enterprise" in a supervisory, executive, or specialized knowledge capacity in which he or she has made an active and substantial investment in a real operating enterprise in the USA.
Further, the investment must not be marginal (e.g. the business employs US workers, the investor has other sources of income, and the investment does not solely support the investor and his/her family members).
The investment funds and assets must also be placed directly at risk and the investor must prove the requisite intent to return to his/her home country.
Once more, no specific parameters are in place but the greater the investment, the more likely an E2 visa application is to succeed.
The investment must be made in a current and active business and a large portion of the investment must have been made before the application was submitted.  With a branch office located in the US, Global Visas are happy to assess any potential business investment for its suitability based on E2 requirements and we invite you to contact us at anytime.

Terms and Conditions of E-2 Status
A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted.  An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

• Relationship between the organizations is established
• Subsidiary employment requires executive, supervisory, or essential skills
• Terms and conditions of employment have not otherwise changed.

USCIS must approve any substantive change in the terms or conditions of E-2 status.  A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization.  The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee.  The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.

It is not required to file a new Form I-129 to notify USCIS about non-substantive changes.  A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive.  To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.

Family of E-2 Treaty Investors and Employees
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  Their nationalities need not be the same as the treaty investor or employee.  These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.  If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee.  Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee.  If approved, there is no specific restriction as to where the E-2 spouse may work.
The E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States.  Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members.  To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.

Er Ashima Patel
www.aisikitesi.com


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