If you are a national of a country that is party to a treaty of commerce and navigation with the United States, you may be eligible to apply for an E-2 nonimmigrant visa. To qualify for an E-2 nonimmigrant visa, you must be a national of one of the treaty countries, have invested or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, and be seeking to enter the United States to develop and direct the investment enterprise. To establish this last requirement, an investor must have at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

 

If the application for the E-2 nonimmigrant visa is approved, investors, their spouses and unmarried children under 21 years of age, as well as employees, will be permitted to reside in the United States for a maximum initial stay of two years. The E-2 nonimmigrant visa may be extended for periods of up to two years, and there is no limit to the number of extensions one can request. It is important to note that the E-2 nonimmigrant visa is not a path to permanent residency or citizenship, and all E-2 visa holders must have the intention to depart the United States should their extension request be denied.

 

Citizens of countries such as Canada, Argentina, Chile, Liberia, Mexico, Pakistan, and Ukraine qualify to apply for the E-2 visa. The entire list of treaty countries can be found here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html.