Treaty Investor (E-2)
Treaty Investor (E-2) visas are authorized based on a treaty of commerce between the United States and Denmark. Individuals applying for E visas must have Danish nationality. The U.S. has also concluded treaties of commerce with several other countries, therefore if you are not a Danish national please refer to the website of the U.S. Embassy or Consulate in your country of citizenship.
A treaty investor visa is not a substitute for an immigrant visa. Persons wishing to remain in the United States indefinitely should apply for immigrant visas. Treaty investor visas can be renewed or extended only if the investor continues to meet all applicable requirements of U.S. immigration laws and regulations.
To obtain a Treaty Investor Visa (E-2), you must demonstrate:
- The applicant is a national of the treaty country (see 9 FAM 41.51 N3)
- The Investor firm for which the applicant is coming to the U.S. must have the nationality of the treaty country (see 9 FAM 41.51 N3)
- Investor has invested or is actively in the process of investing; (see 9 FAM 41.51 N8)
- The enterprise is a real and operating commercial enterprise; (see 9 FAM 41.51 N9)
- Investor’s investment is substantial; (see 9 FAM 41.51 N10)
- Investment is more than a marginal one solely for earning a living; (see 9 FAM 41.51 N11)
- Applicant is in a position to "develop and direct" the enterprise; (see 9 FAM 41.51 N12)
- Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States; and (see 9 FAM 41.51 N14)
- Applicant intends to depart the United States when the E-2 status terminates. (see 9 FAM 41.51 N15)
Company Registration Procedures
The first step in applying for a Treaty Investor visa is to establish the qualification of the company or operation in the U.S. This process is known as registration. All companies seeking E visas for their owners or employees must register with the U.S. Embassy in Copenhagen. If your company is not registered, see E-2 registration procedures. Please note that the applicant should not make an appointment unless the company is already registered. The U.S. Consular Section will contact the applicant in order to set up an appointment with the applicant once the application has been reviewed.
The processing time is approximately 4-8 weeks. Applications are processed in the order they are received. Please note that it is not possible to pay an additional fee in order to get faster processing.
If your company is registered, the applicant may schedule an appointment through our online booking system, please see the “How to Apply” section.
The E registration will expire after 1 year if the company has not submitted an application during this year. If the company wishes to re-register, the company must submit a new application package to the U.S. Consular Section, please see HOW TO REGISTER section.
Application Fee Payment
Initial registration applications must be accompanied by an original bank receipt. The non-refundable machine readable visa (MRV) fee must be paid into the U.S. Embassy account at any Danske Bank branch in Denmark, Reg. No. 0252, Account No. 0010601967. Payment by Internet banking is not acceptable. Please note that no refunds will be made for any fees that are transferred incorrectly or if the application is denied.
Spouses and Children
Spouses and/or children under the age of 21 can receive derivative E visas to accompany the employee to the U.S. If the applicant wishes family members to attend the interview on the same day, spouses and children must submit an application, copies of marriage-/birth certificates and pay the MRV fee in the original E registration package. If family members apply after the primary applicant's visa has been issued, they will need to include a copy of that visa with the application. Spouses and/or children who do not intend to reside in the United States with the primary visa holder, but visit for vacations only, may be eligible for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program.
Spouses may seek employment authorization on derivative E visas. For further information, please contact the USCIS after arrival in the U.S.