New Zealand Citizens Now Eligible for E-2 Treaty Investor Visas

Beginning June 10, 2019, New Zealand has been added as an E visa treaty country which makes its nationals eligible to obtain the E-2 treaty investor (and the E-1 treaty trader) visa classification (see Public Law 115-226).  Spouses and unmarried children under 21 years of age of such treaty investor and employees are also eligible for the E-2 classification.

About the E-2 Treaty Investor Visa

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.      There are a number of eligibility requirements, including investment of substantial capital in the United States, coming to the U.S. for the sole purpose of directing or managing such investment and be a national of an E-2 treaty country.    Please see our E-2 investor visa page and our alert on how small enterprises can qualify for E-2 visa.

E-2 Visa Application Process

There are two ways to obtain the E-2 classification – by submitting an E-2 visa application at the US Consulate abroad and then, upon issuance of such visa, entering the U.S. on E-2 status.    Generally, it is best to submit E-2 visa applications at the U.S. Consulate in the applicable treaty country.

Alternatively, applicants who are in the U.S. on another lawful status may submit an E-2 petition with a request for change of status from within the U.S. by filing a petition with USCIS.

Family Members and Employees of E-2 Treaty Investors 

Family members (spouse and children under 21) are eligible for dependent E-2 visa.   Such dependent can be of different nationalities as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. Spouses of E-2 workers may apply for work authorization which, when approved, does not have specific restriction as to where the E-2 spouse may work.

Conclusion

We welcome the addition of New Zealand to the E-2 treaty country list especially so soon after Israel was added.    Unfortunately, there are many other countries which are significant contributors of innovation and capital which are not on this list, most notably India and China and we are hopeful that these countries will be added in due time.    In the meantime, our office is happy to work with nationals of current E visa treaty countries to prepare and submit their applications.

Our office will continue to monitor developments relating to the E-2 visa program.   In the meantime, please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics. If our office can be of any help with an E-2 visa or alternative options, please feel free to contact us.