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Learn more about E-2 classification for treaty investors

On Behalf of | Jan 10, 2020 | Employment Immigration

California residents may be interested in learning about the E-2 non-immigrant classification. This allows an individual from a country that maintains a treaty of navigation and commerce with the United States to enter and reside in the U.S. if they invest in a business. Some qualifying organizations or employees of such a person may also apply for this classification.

A treaty investor must be actively investing or have already invested a substantial amount of money or assets into an improved enterprise in the U.S. in order to qualify for E-2 classification. Other general qualifications include being a national of a country that maintains a treaty of commerce with the U.S., seeking to enter the U.S. with the sole purpose of directing or developing the enterprise, and having the ability prove at least 50% ownership of the enterprise.

The enterprise must be bona fide. It needs to be an active and real commercial or entrepreneurial undertaking that is in operation. It has to produce goods or services for a profit. It would need to meet legal requirements that are applicable to businesses under its jurisdiction.

If a person is currently outside of the United States, he or she cannot request an E-2 classification using the I-129 form. If the treaty investor is currently in the U.S. and has a lawful non-immigrant status, the I-129 form can be filed by the individual or a qualifying employer in order to request a change of status.

Many foreign nationals who are in the United States want to pursue business opportunities. They could speak with an attorney in order to get more information about employment immigration. The attorney may help the individual file the appropriate paperwork and let them know what immigration options they have, allowing the individual to focus on their business venture.