Treaty Investors and Small Businesses

Treaties of commerce between the US and partner nations will allow foreign nationals of a treaty nation to enter and remain in the US while they are directing or managing an investment located in the US.  Although the treaty investor, or “E-2”, classification is statutorily murky in providing investors with clear, reliable expectations regarding the government’s requirements, the E-2 treaty investor provisions continue to allow many foreign nationals to enter and stay in the US while they continue to manage their business.

While an investment in an enterprise must be substantial, small and medium-sized businesses make ideal investments for the E-2 classification.  First, they are small enough that directing the investment can be performed by a single individual.  Second, the management of these businesses typically requires the owner of the investment to be in the US to properly operate the businesses.  Also, purchase, ownership, and management can be a turnkey process.  There are no long periods of negotiation and intricate complexities in the transfer of ownership that would jeopardize the foreign national’s stay in the US before the foreign national changes his status to E-2.  Most importantly, the investment and the role of the investor can be documented relatively easily in a petition to the government.  Photographs of business premises, payroll documents, and invoices are some of the most compelling documents in an E-2 petition.

Each investor is unique in his or her particular business experience.  As with any immigration client, a thorough examination of the investor's needs and goals (both short-term and long-term), as well as the investor's qualifications, will dictate if the E-2 investor classification is appropriate.