E-2 Treaty Investor Visas

E-2 is an investor visa classification for a national of a country with which the United States has a commercial navigational treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing a substantial amount of capital to operate a business enterprise.  The applicant must prove the investment funds have been lawfully acquired, they are the majority owner, sole person who directs and develops the business enterprise and the money invested must be put at a commercial risk and subject to loss.  The E-2 is valid for business owners and employees serving in managerial positions.  If filed at an U.S. consulate, the visa is valid for 5 years, with only a two (2) year stamp in their passport, which must be renewed every two (2) years by leaving and reentering the country.  If the E-2 is filed in the U.S. through the USCIS, the status will be valid for no more than two (2) years and renewed in two (2) increments with no maximum limit in extensions.  Spouses are eligible to apply for work authorization, but not the children.