The treaty-investor status applies to citizens of treaty countries who can enter the United States as part of a company that "invests" a substantial amount of money in the a U.S. company.

• The investor, either a real or corporate person, must be a national of a treaty country.
• The investment must be substantial (i.e., it must be sufficient to ensure the successful operation of the enterprise). Therefore, the percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
• The investment may not be "marginal". It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States.
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, (s)he must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

An "investment" may take numerous forms, including cash and other financial instruments, as well as capital in the form of machinery and inventory.

A person in a "supervisory" or "executive" position is similar to a L visa holder. Such persons should possess managerial skills and experience and should be in a position of authority and responsibility. Factors considered include: title, salary, place in the organizational structure, responsibility for discretionary decisions and directing and managing business operations. Employees possessing "essential skills" are those employees that have knowledge or skills which are essential to the effective operation of the U.S. enterprise. Factors considered include: the degree of proven expertise in the area of specialization and the length of experience or training with the company. Finally, an E-2 visa is also available for "highly trained technicians and start-up personnel" who come to the U.S. to train or supervise technicians employed in manufacturing, maintenance and repair functions.

For more detailed listing of information requirements, click here.

Unlike most nonimmigrant visas, a foreign national seeking to enter the U.S. on an E-2 treaty investor visa is not required to obtain prior approval from the U.S. immigration and Naturalization Service ("INS"). They can apply directly to a U.S. consulate using Form OF-156. Of course, if a foreign national is already in the U.S. (for example, on a B-1 business visa), (s)he can apply for a change of status to an E-2 visa status through the INS using Form I-129 and its "E" Supplement. To see or download copies of these forms, click here.

The time period an E-2 visa holder is entitled to remain in the U.S. is generally based on the "reciprocity" agreement in the treaty. A foreign national's visa stamp is always for two years from the date of last entry. However, there is no limit to the number of times an E-2 visa can be renewed, so long as the sponsoring company still qualifies as an E-2 sponsor. It is also important to remember that an E-2 visa cannot substitute for an immigrant visa, and that treaty investors must have an intent to depart at the end of the visa. They are not, however, required to retain a residence abroad to which they will return.

Spouses and unmarried children (under 21 years old), regardless of nationality, may also enter the U.S. on an E-2 visa. Dependents, however, are not authorized to work in the United States.

Countries With Treaty-Investor Status (as of 9-15-98)

Argentina	Armenia	Australia	Austria	Bangladesh	Belgium	Bosnia	Bulgaria	Cameroon	Canada
China (Taiwan)	Columbia	Congo	Costa Rica	Croatia	Czech Rep.	Ecuador	Egypt	Estonia	Ethiopia*
Finland	France	Georgia	Germany	Grenada	Honduras	Iran**	Ireland	Italy	Jamaica
Japan	Kazakhstan	Korea	Kyrgyzstan	Latvia	Liberia	Luxembourg	Macedonia	Mexico	Moldova
Mongolia	Morocco	Netherlands	Norway	Oman	Pakistan	Panama	Paraguay	Philippines	Poland
Romania	Senegal	Slovakia	Slovenia	Spain	Sri Lanka	Suriname	Sweden	Switzerland	Thailand
Togo	Trinidad & Tongo	Tunisia	Turkey	Ukraine	United Kingdom***	Zaire

* The U.S. State Department has not yet determined whether Eritrea will be considered a successor to the treaty with Ethiopia.
** Iran's treaties are still in effect despite the lack of diplomatic relations between the countries. Single entry E-2 visas are still available if it can be shown that there is no financial connection between the investment enterprise and Iran.
*** The treaty with the United Kingdom is only for British nationals "normally resident" in the UK. Therefore, no "landed immigrants" from Canada, Hong Kong or other countries can obtain an E-2 visa.