E-2 Visa

The E-2 classification allows a national (from a treaty country) to be admitted to the United States while investing a significant amount of capital in a U.S. business. Certain employees and family members may be eligible for an E-2 classification as well. Provided the treaty investor is currently in the United States legally, he or she may file Form I-129 to request a change to an E-2 classification. 

A supervisor may also file such a form on behalf of their employee. In order to qualify for an E-2 classification, the person must be a national of a country with which the U.S. has a treaty of commerce, they must have invested or be in the process of investing a substantial amount of money in a bona fide enterprise in the U.S., and they must be seeking to enter the U.S. solely for the purpose of investing into a business enterprise. In order to do this, they must show at least 50% ownership of the enterprise, or possession or operational control of the such enterprise. 

Your family, which includes your spouse and unmarried children under 21 years old, can also apply for E visas to accompany a Treaty Investor. The spouse can also apply for employment authorization so that they are legally able to work in the U.S. during the term of the visa, once approved. Dependent children of the main visa holder will not be granted authorization to work. 

Extending a Treaty Investor Visa 

If your stay in the U.S. must be extended beyond the time allowed, you must apply for an extension well in advance of the expiration of your visa. Any such extension must be approved by the USCIS, and our office can assist you with this process. If you stay in the U.S. beyond the authorized period of time, you can be deported immediately, as you are in violation of U.S. immigration law at that point. It is far better to take action to extend your visa so that you do not have to leave the country when it expires. Once you have violated immigration law, it can become far more difficult to resolve the matter. You will be forced to reapply from your country of origin. 

How can we Help 

It is crucial that all paperwork submitted is correct. You should contact Ellie Azhang an experienced immigration Attorney, at the Law offices of Azhang & Associates, Inc. for assistance. Ms Azhang will assist you to submit the application and all the required supporting documentation so that there are no delays or denials based upon errors or a failure to submit the correct documentation. Also If you are ineligible under current immigration law to receive a visa, but meet the criteria for an E-2 visa, it is possible that a waiver of ineligibility could be sought to resolve this matter. Contact us for an in depth consultation at (949) 296-7660.