SERNA & ASSOCIATES PLLC
ATTORNEYS AND COUNSELORS AT LAW
20985 IH 10 WEST.
SERNA BUILDING
SAN ANTONIO TEXAS 78257
(210) 228-0095-MAIN
(210) 228-0839- FAX
E-2 Nonimmigrant Visa
TREATY INVESTOR AND TREATY INVESTMENT EMPLOYEE
TREATY INVESTMENT VISA
The E-2 nonimmigrant visa authorizes a citizen of a treaty country to oversee their investment in the U.S. or work with a U.S. business which is at least 50% owned by citizens of the treaty country. The visa can be extended every two years without limitation on the total period of stay. The spouse and minor children may accompany or follow to join the E-2 principal. Employees from the treaty country, including executives, managers and essential employees are eligible for the E-2 visa
E-2 TREATY INVESTOR VISA REQUIREMENTS
The E-2 visa requires (1) a treaty allowing investment in the U.S. between the U.S. and the country of which the person is a national; (2) the investor is a treaty national or a qualifying organization (50% or more owned by treaty nationals); (3) the applicant is actively in the process of investing a substantial amount of capital; (4) entering the U.S. to develop and direct the investment, or entering the U.S. to work in an executive, managerial or essential employee capacity ; and (5) the U.S. investment is 50% owned by a treaty national or qualifying organization.
SAMPLE TREATY COUNTRIES
The following countries have investment treaties with the U.S. which qualify for the E-2 visa. Many other countries qualify for the treaty investment visa.
Argentina , Australia , Austria , Canada , Denmark , Ecuador , Finland , France , Germany , Mexico , etc.
EMPLOYEES OF THE INVESTING ENTERPRISE
Two classes of employees may be accorded treaty investor status:
1. Treaty Nationals serving in a managerial capacity
2.
Treaty Nationals who serve in technical capacities requiring special training and qualifications who are needed to:
A) Establish the enterprise (start-up);
B) Train or supervise persons serving in technical positions, such as manufacturing, maintenance, or repair technicians;
C) Continuously monitor and develop product improvement and quality control;
THE FOLLOWING INFORMATION IS REQUIRED TO COMPLETE THE APPLICATION PROCESS:
Employee
• Resume (with detailed description of job duties and dates of employment)
• Beneficiary's experience letter (title, dates of employment and qualifications)
• Beneficiary's diplomas, degrees, and certificates
• Evidence of Beneficiary's status (visas, I-94, approval notices)
• Dependent's information (date of birth, country of birth, relationship, current address)
U.S. Company
• Certificate of Incorporation and Articles of Incorporation
• Stock certificates (showing total ownership of the company)
• Business registration, business license, business permits, DBA's
• Organizational Charts
• Company information (history, facilities, products, number of employees, clients)
• Commercial lease
• Brochures, catalogs, promotional and product literature, and advertisements
• Invoices, contracts, bill of lading, and other business documentation
• Corporate tax returns (IRS 1120, IRS 941, TWC C-3)
• Financial statements (balance sheet, income statement, asset & deficit, payroll)
• Bank account statements
• Wire transfers; certified checks and other evidence of capitalization in the U.S.
Foreign Company
• Certificate of Incorporation and Articles of Incorporation
• Business registration, business license, business permits
• Organizational Charts
• Company information (history, facilities, products, number of employees, clients)
• Commercial lease
• Brochures, catalogs, promotional and product literature, and advertisements
• Invoices, contracts, bill of lading, and other business documentation
• Corporate tax returns
• Financial statements (balance sheet, income statement, asset & deficit, payroll)
• Bank account statements
Serna & Associates L.L.C. assists U.S. companies with the E-2 Nonimmigrant Visa
process. To meet with one of our attorneys, please contact our office at 210-228-0095
