The E-2 non-immigrant visa classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business.
According to USCIS, to qualify for E-2 classification, the treaty investor must:
An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.
Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
After Trump’s election many surmised that the E-2 visa, being an economically positive program, would not be as impacted as other immigration programs.
However, while we do see continued approvals for the E-2, we have also seen what could be referred to as “enhanced scrutiny.”