Israeli Nationals Eligible for Treaty Investor Visas

Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1, eligible Israeli nationals already in the United States in a lawful nonimmigrant status can file Form I-129, Petition for a Nonimmigrant Worker, to request a change of status to E-2 classification, or a qualifying employer can file the petition on their behalf. Spouses and unmarried children under 21 years of age of treaty investors and employees who are already in the United States may also seek to change status to E-2 classification as dependents by filing Form I-539, Application to Extend/Change Nonimmigrant Status.

The E-2 nonimmigrant classification allows citizens of countries with which the United States has a treaty of commerce and navigation to be admitted to the United States when they are investing substantial capital in a U.S. business. E-2 status is also available to certain employees of such investors or qualifying organizations.

E-2 Visa Information

The E visa is available to applicants from a treaty country. The E Visa requires enterprise possess the treaty country nationality of its owner, and the enterprise's owner have invested or is actively in the process of investing in the US [See 9 FAM 41.51 N8], you may qualify for an E-2 visa. Our mission is for you to establish and me to show the U.S. enterprise is real and operating [See 9 FAM 41.51 N9] and the investment is substantial [See 9 FAM 41.51 N10]. Applying for the E-2 visa abroad is recommend for persons who need to travel. An E-2 Petition to the USCIS can only grant E-2 status and will not provide a E-2 visa for travel. The E-2 visa issuance at the U.S. Embassy is a two-step process. First, the U.S. company is qualified as a E-2 company. Second, the applicant is shown to be a qualifying principal. Although, a two-step process, we submit the company information and the visa application of the principal investor of the company to the U.S. Embassy at the same time.

Litwin & Smith, ALC is very successful in preparing E-1 and E-2 visa applications to US Consuls abroad and petitions to USCIS as well as subsequent immigrant visas and green cards for entrepreneurs, investors, executives, managers, and employees that need special attention. We prepare many of such petitions each year among the hundreds of those we prepare.

For more on the E-2 classification, see our "Would You Like to be a Treaty Trader or Treaty Investor?" page.