The E-2 visa is issued to individuals known as 'treaty investors'. A treaty investor is a national of a country with which the United States maintains a treaty of commerce and navigation. A treaty investor should be coming to the United States to involve themselves in a substantial investment. The investment may be less than that demanded for the EB-5 ($500,000). However, if the investment becomes equal or greater than $500,000, the treaty investor may petition for permanent immigration status. The traety investor's spouse and/or children under the age of 21 may accompany him/her under E-2 status. The treaty investor's employees may also be eligible for the E-2 Visa.

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