The E-2 Treaty Investor visa is an ideal solution for a wide variety of businesses who have made substantial investment into development of a US business, from very large multinational corporations to individual “mom & pop” investors. Those who wish to go to the US to invest in and develop an American business may use the E-2 visa.
The E-2 Treaty Investor may be a foreign company or an individual owner or group of owners of a company investing in the development of a new US enterprise or an individual or a group of individuals purchasing an existing US business.
The E-2 Treaty Investor status is available for companies that are either owned by, or traded on the national stock exchange of, a country that has a Treaty of Friendship, Commerce and Navigation or a Bilateral Investment Treaty with the United States. Note that Ireland is a country with a qualifying treaty in place. See the US Department of State website for a complete list of the treaty countries.
To demonstrate the nationality of a company at least 50 per cent of the company’s shares must be owned by nationals of the treaty country. US Lawful Permanent Residents who are nationals of the treaty country and own shares in the company may not be counted towards the total treaty country ownership for purposes of the E-2 visa.