E2 Visa: Benefits and Elegibility | Global Immigration Partners

Last Updated February 2024

Article Written By

Alexander Jovy - Senior Immigration Expert

Article Written by Alexander Jovy, Co-Managing Partner at Global Immigration Partners. Senior immigration expert with 15+ years in business and investor visas.

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Reviewed By

Ruairidh Campbell , Senior U.S. Attorney, Co-Managing Partner.

Justia Profile ↗ California Bar #151846 ↗ Washington, D.C. Bar #90020424 ↗

The E2 Visa

Background and Eligibility

The E2 Visa is based on a bilateral investment treaty or specific legislation that enables a foreigner to reside and work in the U.S. based on an investment he/she will be controlling.
The investor should hold citizenship of a country that has a treaty. The Department of State maintains a list of participating treaty countries.
The investment should be significant, with funds or assets pledged and non-retractable. It should be adequate to guarantee the smooth functioning of the business.
The investor should be arriving in the U.S. to manage and grow the business. If the applicant is not the main investor, they must be deemed a crucial employee, working in a managerial, executive, or highly specialized skill role.

Duration and Limitations

The E2 Visa allows the investor to stay in the U.S. for up to two years, with unlimited two-year extension possibilities.
The investor’s family members may also be eligible for admission in the E2 classification.
The E2 Visa does not directly lead to a green card (permanent residence), but some E2 holders may qualify for a green card through other categories.

The Amigos Act

The Amigos Act, or the Allowing Mexico to Invest in the U.S. Act, is a proposed bill that seeks to include Mexico in the list of treaty countries eligible for the E2 Visa.
The Act recognizes the importance of Mexico as a strategic economic partner and aims to encourage further investment and job creation in the U.S.
If passed, Mexican nationals who make a substantial investment in a U.S. business could live and work in the U.S. under the E2 classification.

Potential Benefits and Challenges

The inclusion of Mexico in the E2 treaty could attract more foreign investment to the U.S., potentially boosting job creation and economic growth.
However, critics argue that it could lead to an influx of Mexican investors seeking to immigrate to the U.S., potentially straining the immigration system.
Furthermore, ensuring that the investments are substantial and legitimate could pose regulatory challenges.

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E2 Visa and the Amigos Act

The E2 Visa

Background and Eligibility

Duration and Limitations

The Amigos Act

Potential Benefits and Challenges

HOW WE HELP CLIENTS

Find an Immigration Lawyer in Mexico