Non-Immigrant Visas
Treaty Investor Visa (E-2 Visa)
Effective January 1, 2009, the U.S. Embassy in Copenhagen will begin accepting applications for E-2 Treaty Investor visas.
What is the Purpose of an E-2 Treaty Investor Visa?
The E-2 Treaty Investor Visa was established to facilitate and enhance economic interaction between the United States and other countries. The treaty investor visa is designed for firms or individuals who invest substantial funds in a business operation in the United States. These investments need not be in the international trade sector.
What are the Requirements for an E-2 Treaty Investor Visa?
Qualifying for an E-2 visa is a two-step process: first, the company must qualify, and then the individual applicant must qualify.
9 FAM 41.51, N1.2 describes the requirements for the E-2 Treaty Investor visa. Key aspects of those requirements are:
• The investor, either a real or a corporate person, must be a national of a treaty country.
• The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. 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. A source of uncommitted funds in a bank account or similar security is not an investment.
• The investment may not be marginal. It must generate more than enough income to provide a living for the investor and family, or it must have a significant economic impact in the United States (usually defined by creation of job opportunities).
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. The funds be "irrevocably committed" to the investment before the visa may be issued. Loans secured with the assets of the investment enterprise do not count toward the calculation of the total investment at risk.
• The investor must be coming to the United States to develop and direct the enterprise. If the applicant is not the principal investor, s/he must work in a supervisory, executive or highly specialized skill capacity. Ordinary skilled and unskilled workers generally do not qualify.
How Do I Apply for an E-2 Visa?
Effective January 1, 2009, the U.S. Embassy will begin accepting E-2 visa applications. A first-time E visa application must be submitted by mail to the Non-Immigrant Visa Section at the U.S. Embassy.
The following documents, as applicable to your situation, should be included in your application. Once sufficient documentation is received, you will receive instructions to make an interview appointment.
Company Documents
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Detailed company report on the nature of the business, current and projected investment and other business plans, current and planned employment of Danish and U.S. citizens.
- Evidence of establishment of U.S. business entity and/or branch offices:
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Certificate/articles of incorporation
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Business license
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Copy of stock certificate(s), if applicable.
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Evidence of business volume in the United States:
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Company balance sheet.
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Consolidated financial statement for a parent/holding company.
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Copies of tax returns
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The Danish company’s annual report, brochures, company registration documents
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Evidence of investment in the United States:
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Proof of purchase of capital goods, inventory
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Lease or purchase of property contracts
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Construction contracts, blueprints, property valuations
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Photographs of building sites
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Newspaper reports announcing new business venture
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Individual Applicant Documents
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Nonimmigrant Visa Application Form DS-156 (required)
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Nonimmigrant Treaty Trader/Investor Application DS-156E (required)
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Letter from the company providing specific information on the applicant and the reasons for his/her assignment in the United States. The letter should explain the employee’s role and supervisory responsibilities in the U.S. company or (if not a supervisor) his/her specialist role.
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Evidence of specialized skills and abilities
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Diplomas
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Certificates of training completion
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Résumé
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For How Long is an E-2 Visa Valid?
E-2 visas for Danish citizens are multiple-entry, are valid for two years and allow you to live and work in the United States accompanied by your spouse and dependent children.
Spouses and Dependent Children
If you already have an E-2 visa, your spouse and children under age 21 can apply for visas at any time. They should include with their application a copy of your E-2 visa and a copy of your I-94 form to show that you have a valid visa and are in legal status in the United States. Note that while you (the principal applicant) must be a Denmark citizen, your spouse or children can be citizens of another country.
Non-Danish E-1 and E-2 Applications
If you are not Danish and are applying for an E-2 visa as a principal applicant for the first time, we will not be able to assist you. To determine whether the company is qualified, we would need to be able to verify the documents submitted, and as a practical matter, this can only be done in the country of origin.
If the U.S. Embassy or a Consulate in your home country has already determined that your company meets E-2 standards, then it may be possible for us to process your visa here. We will need to get verification from our colleagues in your home country before we can do your interview. To facilitate this process, please include a letter in your application materials specifying at which U.S. Embassy or Consulate your company originally applied for its E-2 status. Also, if you are replacing an E-2 visa holder already in the United States, please include that person’s biographical data or a copy of his or her visa.
Do I need an E-2 Visa?
Potential investors may seek out investment opportunities, sign contracts, and take other steps to purchase or establish a business while traveling on B1/B2 status or on the Visa Waiver Program. However, applicants may not develop and direct a business while in such status. State Department regulations state "an alien seeking investment in the United States, including an investment that would qualify him or her for status as an E-2 investor, is precluded from performing productive labor or from actively participating in the management of the business prior to being granted E-2 status" (9 FAM 41.31 N9.7). Such actions are impermissible whether or not the investor receives any payment for his work. You may not be paid in the U.S. while traveling on B1/B2 or Visa Waiver Program status. If your enterprise requires someone to manage or run daily operations, you may hire individuals who are already legally allowed to work in the U.S. prior to receiving your E visa. Once you have made the initial commitment of your funds, you should apply immediately for the E visa.
Can I immigrate to the United States with an E-2 Visa?
No. E-2 visas are non-immigrant visas and, thus, temporary. The E-2 visa is not a means for foreigners to retire or merely reside in the United States. Section 101(a)(15)(E) of the Immigration and Nationality Act explicitly states that E-2 visas are available "solely to develop and direct the operations of an enterprise" in which he or she has invested. Treaty investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations. Persons wishing to remain indefinitely in the United States should apply for the appropriate immigrant visa.
Where Can I Get More Information?
For information about non-immigrant visas, please see the non-immigrant visa section of the U.S. Department of State’s Consular affairs website. If you have a specific question about an E-2 Treaty Investor case, please send our non-immigrant visa section an email at CopenhagenNIV@state.gov.