E-2 Treaty Investor Visa
Puerto RicoPuerto RicoNorth America
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E-2 Treaty Investor Visa

Investor Dependents Allowed

At a Glance

Processing Time

Varies

Application Fee

205 USD

Stay Duration

Up to 2 years

Renewable

Yes

Job Offer

Not Required

Dependents

Allowed

PR Pathway

No

This visa does not offer a direct route to permanent residency.

Remote Work

Not Required

Overview

Visa for nationals of treaty countries who invest substantial capital in US commercial enterprise in Puerto Rico. Must demonstrate non-marginal business.

The E-2 Treaty Investor visa was established under the Immigration and Nationality Act to implement treaties of commerce and navigation between the United States and specific partner nations. Its primary purpose is to stimulate the U.S. economy by encouraging foreign nationals to invest substantial capital in American businesses. Unlike many other investment-based visas, the E-2 focuses on active participation, requiring the investor to personally oversee and direct the operations of the enterprise in which they have invested.

This visa is ideal for entrepreneurs, small to medium-sized business owners, and corporate entities from treaty countries looking to expand their footprint into the U.S. market. It is particularly well-suited for individuals who prefer a hands-on management style and seek a more accessible entry point than the high-capital EB-5 immigrant investor program. A key distinguishing feature is the 'proportionality test' used to determine investment sufficiency, which allows for flexibility based on the specific industry and nature of the business rather than a fixed, universal dollar amount.

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Requirements

Personal

Passport Validity

6 months

Criminal Record Policy

case_by_case

Education

None or higher

Professional

Required Skills

Managerial or executive capabilityOperational control of a businessAbility to develop and direct a bona fide enterprise

Eligible Nationalities

This visa is available to citizens of: AL, AR, AM, AU, AT, AZ, BH, BD, BE, BO, BA, BG, CM, CA, CL, CO, CG, CD, CR, HR, CZ, DK, EC, EG, EE, ET, FI, FR, GE, DE, GR, GD, HN, IE, IL, IT, JM, JP, JO, KZ, KR, XK, KG, LV, LR, LT, LU, MK, MG, ML, MU, MX, MD, MN, ME, MA, NL, NZ, NI, NO, OM, PK, PA, PY, PH, PL, RO, SN, RS, SG, SK, SI, ES, LK, SR, SE, CH, TW, TH, TG, TT, TN, TR, UA, GB

Documentation

Applicant Documents

Valid passport

From treaty country

Investment documentation

Proof of capital investment

Business registration

Puerto Rico business documents

Business plan

Demonstrating non-marginal operation

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Advantages

  • No annual numerical cap or quota restrictions
  • Significantly lower capital requirements compared to the EB-5 immigrant investor program
  • Expedited processing available through USCIS premium processing for change of status
  • Direct control over business operations and strategic decision-making
  • Flexibility to invest in a wide range of industries and business models
  • Absence of a mandatory minimum job creation count, provided the business is not marginal

Considerations

  • Lack of a direct path to lawful permanent residency (Green Card)
  • Strict requirement for the business to generate more than a minimal living for the investor
  • Substantial risk of status loss if the underlying business enterprise fails
  • Requirement for the investment to be 'at risk' and irrevocably committed before application

Application Process

1

Verify treaty country status

Confirm nationality qualifies for E-2

2

Invest substantial capital

Demonstrate significant investment in Puerto Rico business

3

Document business operation

Proof of non-marginal enterprise

4

Complete visa application

DS-156E form

5

Visa interview

At US consulate

6

Receive E-2 visa

Valid for 2 years

Application Forms

Treaty Trader/Investor Application

Form ID: DS-156E

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