Representing E-2 Treaty Investors: From Eligibility to Visa Issuance

This course guides attorneys through a comprehensive exploration of the key concepts, laws, and processes involved in representing E-2 treaty investor visa applicants. Through practical examples, case studies, and discussion, attorneys will learn how to identify and address common E-2 visa issues. The course also covers the nonimmigrant visa application process for individuals applying through a U.S. consular post abroad, including effective strategies for presenting supporting documentation and preparing a strong, well-documented E-2 application.

As globalization continues to expand cross-border business opportunities, the United States remains a leading destination for foreign investors seeking to purchase existing businesses, invest in franchises, or launch startups. This program provides a practical foundation in preparing and supporting E-2 visa applications at the consular level, equipping attorneys with the knowledge and tools needed to confidently represent investor clients in this evolving area of business immigration.

Attorneys at all levels and with diverse experience in the U.S. immigration field will gain valuable experience. It is particularly helpful for attorneys who represent non-immigrant visa applicants at U.S. consular posts abroad.

Learning Objectives:

• Determine the statutory, regulatory, and policy framework governing E-2 treaty investor visas, including treaty requirements, qualifying investments, and nationality considerations.
• Identify and distinguish between E-2 treaty investors and E-2 treaty employees, including the applicable eligibility standards, ownership and control requirements, and executive, supervisory, and essential skills criteria.
• Understand the E-2 application process, including consular filing procedures, documentary requirements, adjudication standards, and typical processing timelines.
• Develop effective strategies for preparing and presenting supporting documentation to demonstrate a substantial investment, a real and operating enterprise, and the non-marginality of the business.
• Evaluate key practice considerations when advising clients on E-2 visa options, including consular processing versus change of status, renewals, extensions, and long-term planning.