Treaty Traders and Treaty Investors Visas

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Overview

To qualify for Treaty Investor (E-2) visas applicants must be coming to the United States either to develop and direct the operation of an enterprise in which the applicant has invested a substantial amount of capital. Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. Moldova is one of these countries. For a list of all treaty countries, click here

The spouse and unmarried children (under 21 years of age) of treaty investors, or employees of enterprises may receive dependent E visas in order to accompany or follow to join their spouse or parent. They are not required to have the same nationality as the principal applicant to obtain an E visa.

E visas permit the investor and his or her family to live in the United States during the period of stay authorized by the Department of Homeland Security (DHS). E visas are nonimmigrant visas; consequently, visa holders are allowed to live in the United States only so long as the conditions under which the visa was granted remain valid. Dependents are not authorized to work in the U.S. unless they receive explicit authorization to do so from DHS-USCIS in the United States. Dependents of trader investors may apply for work authorization after their arrival in the United States.

Qualifications

  • The investor, either a person, partnership or a corporate entity, must have the citizenship of the treaty country. If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality;
  • The investment must be substantial and the funds have to be "irrevocably" committed.The investment must be sufficient to ensure the successful operation of the enterprise..;
  • The investment must be in a real operating enterprise.Speculative or idle investment does not qualify. Uncommitted funds in a bank account or mere ownership of undeveloped land are not considered an investment.;
  • The investment may not be marginal.Based on 9 FAM 41.51, the enterprise must either show a financial return that significantly exceeds what is necessary to support a living for the investor or else the enterprise must have the capacity, present or future, to make a significant economic contribution;
  • The investor must have control of the funds, and the investment must be at risk in a commercial sense.If the funds are not subject to partial or total loss if business fortunes reverse, then the investment is not an investment in the sense intended by the Immigration and Nationality Act (INA) 101(a)(15)(E) and in 9 Foreign Affairs Manual (FAM) 41.51. Loans secured with the assets of the investment enterprise do not qualify.  ;
  • The investor must be coming to the United States to develop and direct the enterprise.If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant's skills are essential for the enterprise in the U.S. or why the applicant possesses qualifying “executive or supervisory: experience may be required.
  • The applicant must intend to depart the U.S. when his/her E-2 status ends.

Application Items

If you apply for a treaty investor visa, you must submit the following:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form. Visit the DS-160 web page for more information about the DS-160.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in your passport, each person desiring a visa must submit an application.
  • One (1) 2"x2" (5cmx5cm) photograph taken within the last six months. This web page has information about the required photo format.
  • A receipt showing payment of your US$ 205 non-refundable nonimmigrant visa application processing fee, paid in local currency. This web page has more information about paying this fee. 

In addition to these items, you must present an interview appointment letter confirming that you booked an appointment through this service. You may also bring whatever supporting documents you believe support the information provided to the consular officer.

How to Apply

Step 1
Pay the visa application fee.

Step 2
Complete the Nonimmigrant Visa Electronic Application (DS-160) form.

Step 3
Schedule your appointment on this web page. You need three pieces of information to schedule your appointment:

  • Your passport number;
  • The receipt number from your Moldova Agroindbank receipt. (Click here if you need help finding this number);
  • The ten (10) digit barcode number from your DS-160 confirmation page.

 

Step 4
Visit the U.S. Embassy on the date and time of your visa interview. You must bring:

  • A printed copy of your appointment letter;
  • Your DS-160 confirmation page;
  • One photograph taken within the last six months;
  • Your current and all old passports;
  • The original visa fee payment receipt;

Applications without all of these items will not be accepted.

Supporting Documents

Consular officers look at each application individually and consider professional, social, cultural and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law.

Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. If confidentiality is a concern, you should bring your documents to the Embassy in a sealed envelope. The Embassy will not make your information available to anyone and will respect the confidentiality of your information.

More Information

For more information about visas for treaty investors, visit the Department of State's website.