## E-2 Treaty Investor Visa Application Requirements in Kenya

An E-2 Treaty Investor Visa allows citizens of certain countries to invest in a U.S. business and live in the United States. While Kenya does not have a treaty with the United States for this visa, Kenyan citizens can apply for the E-2 visa if they hold a second passport from a country that has a treaty with the United States. 

Here are the key requirements for an E-2 Treaty Investor Visa application:

### 1. Treaty Country Citizenship

* The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States. 
* Kenya does not have such a treaty, so Kenyan citizens would need to obtain citizenship in a treaty country.
* The United States Citizenship and Immigration Services (USCIS) maintains a list of treaty countries. 
* The list is subject to change, so it is important to check the latest information on the USCIS website.

### 2. Substantial Investment

* The applicant must invest a substantial amount of capital in a U.S. business. 
* The amount of investment required varies depending on the type of business and the industry. 
* The investment must be real, active, and ongoing. 
* The investment must be more than a marginal investment. 
* The investment must be sufficient to ensure the success of the business.

### 3. Business Ownership and Control

* The applicant must own and control the business. 
* The applicant must be the primary investor in the business. 
* The applicant must have a significant role in the management of the business. 
* The applicant must be able to demonstrate that they have the skills and experience necessary to manage the business.

### 4. Business Plan

* The applicant must submit a detailed business plan that outlines the business's goals, operations, and financial projections. 
* The business plan must be realistic and achievable. 
* The business plan must demonstrate that the business will be a viable and profitable enterprise.

### 5. Financial Documents

* The applicant must provide financial documents that support the business plan. 
* These documents may include:
    * Personal financial statements
    * Business financial statements
    * Bank statements
    * Tax returns
    * Loan documents
    * Investment documents

### 6. Source of Funds

* The applicant must demonstrate that the funds used for the investment are legally obtained. 
* The applicant must provide documentation that shows the source of the funds. 
* The applicant must be able to explain how they acquired the funds.

### 7. Intent to Depart

* The applicant must demonstrate that they have the intent to depart the United States upon the expiration of the visa. 
* The applicant must show that they have strong ties to their home country. 
* The applicant must demonstrate that they will return to their home country after their stay in the United States.

### 8. E-2 Visa Application Process

* The applicant must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. 
* The applicant must also submit the required supporting documentation. 
* The USCIS will review the application and supporting documentation. 
* If the application is approved, the applicant will be issued an E-2 visa. 

### 9. E-2 Visa Renewal

* The E-2 visa is valid for up to five years. 
* The visa can be renewed indefinitely as long as the applicant continues to meet the eligibility requirements. 
* The applicant must file Form I-129, Petition for Nonimmigrant Worker, to renew the visa. 

### 10. E-2 Visa for Employees

* The E-2 visa is also available for employees of E-2 treaty investors. 
* The employees must be nationals of the same treaty country as the investor. 
* The employees must be coming to the United States to work for the investor's business. 
* The employees must have the skills and experience necessary to perform the job.

### 11. E-2 Visa for Family Members

* The E-2 visa is also available for the spouse and unmarried children under 21 years of age of E-2 treaty investors. 
* The family members can live in the United States with the investor. 
* The family members can work in the United States if they obtain work authorization.

### 12. E-2 Visa Application Fees

* There are fees associated with the E-2 visa application process. 
* The fees vary depending on the type of application. 
* The applicant must pay the fees before the application can be processed.

### 13. E-2 Visa Processing Time

* The processing time for an E-2 visa application can vary depending on the workload of the USCIS. 
* The applicant should allow for several months for the application to be processed.

### 14. E-2 Visa Interview

* The applicant may be required to attend an interview at a U.S. embassy or consulate. 
* The interview is an opportunity for the consular officer to assess the applicant's eligibility for the visa. 
* The applicant should be prepared to answer questions about their investment, their business, and their intent to depart the United States.

### 15. E-2 Visa Denial

* The USCIS may deny an E-2 visa application if the applicant does not meet the eligibility requirements. 
* The applicant may appeal the denial. 

### 16. E-2 Visa Advantages

* The E-2 visa is a relatively easy and quick way to obtain lawful status in the United States for investors and their families. 
* The E-2 visa allows investors to live and work in the United States. 
* The E-2 visa can be renewed indefinitely. 

### 17. E-2 Visa Disadvantages

* The E-2 visa is a nonimmigrant visa. 
* This means that the investor and their family must eventually leave the United States. 
* The E-2 visa does not lead to permanent residency or citizenship. 

### 18. E-2 Visa Alternatives

* If the applicant is looking for a path to permanent residency or citizenship, they may want to consider other visa options, such as the EB-5 Investor Visa. 
* The EB-5 visa requires a larger investment and a more complex application process. 

### 19. E-2 Visa Legal Advice

* It is important to consult with an immigration attorney before filing an E-2 visa application. 
* An immigration attorney can help the applicant understand the eligibility requirements, gather the necessary documentation, and file the application correctly.

### 20. E-2 Visa Resources

* The USCIS website provides information about the E-2 visa. 
* The U.S. embassy or consulate in Kenya can also provide information about the E-2 visa.

### TLDR

Kenyan citizens can apply for an E-2 Treaty Investor Visa if they hold a second passport from a country that has a treaty with the United States. The applicant must invest a substantial amount of capital in a U.S. business, own and control the business, submit a detailed business plan, provide financial documents, demonstrate the source of funds, and have the intent to depart the United States upon the expiration of the visa.

### Conclusion

The E-2 Treaty Investor Visa can be a valuable tool for Kenyan citizens who are looking to invest in a U.S. business. However, it is important to understand the eligibility requirements and the application process before filing an application. Consulting with an immigration attorney can help ensure that the application is filed correctly and that the applicant has the best chance of success.

### Sources:

* [USCIS](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors)
* [EB5 BRICS](https://www.eb5brics.com/kenya/e-2-visa/)
* [Legal Services Incorporated](https://legalservicesincorporated.com/wp-content/uploads/2021/02/E-2-Guide-FinalwithCover.pdf)
* [USCIS Guide](https://www.uscisguide.com/visa/immigrant-visas/employer-sponsored-employment/e-2-visa-treaty-investors/)
* [Visa Index](https://visaindex.com/visa/us-visa/treaty-visa/e2-visa/)
* [Global Citizen Solutions](https://www.globalcitizensolutions.com/e2-visa-countries/)
* [Global Citizen Solutions](https://www.globalcitizensolutions.com/citizenship/e2-treaty-investor-visa-in-the-usa/)
* [Gaston Law Firm](https://www.gastonlawfirm.com/blogs/2024/june/e-2-treaty-investor-visa-requirements-process-an/)
* [Visa Guide](https://visaguide.world/us-visa/nonimmigrant/e2/)
* [Wikipedia](https://en.wikipedia.org/wiki/E-2_visa)
* [Business Daily](https://www.businessdailyafrica.com/)
* [Bowmans Law](https://bowmanslaw.com/insights/south-africa-further-regulation-of-the-employment-of-foreign-nationals-on-the-cards/)
* [Bowmans Law](https://bowmanslaw.com/insights/the-international-comparative-legal-guide-foreign-direct-investment-regimes-2022-third-edition-east-and-southern-african-chapter/)
* [Wikipedia](https://en.wikipedia.org/wiki/International_investment_agreement)
* [Bowmans Law](https://bowmanslaw.com/wp-content/uploads/2016/09/PPI-article_mailshot_08112013_1038389_1-1.pdf)
* [Wikipedia](https://en.wikipedia.org/wiki/E-3_visa)
* [Bowmans Law](https://bowmanslaw.com/insights/tax-court-upholds-most-favoured-nation-clause-in-south-africa-and-netherlands-tax-treaty/)
* [U.S. Embassy & Consulates in the UK](https://uk.usembassy.gov/visas/treaty-trader-or-treaty-investor/treaty-investor-e-2/)
* [Boundless](https://www.boundless.com/immigration-resources/e-2-visa-explained/)
* [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Amendment%20Acts/No.%2045%20of%202012.pdf)
* [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/A/Affordable%20Housing%20Act%20-%20No.%202%20of%202024/docs/AffordableHousingAct2of2024.pdf)
* [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/K/Kenya%20Citizenship%20and%20Immigration%20Act%20No.%2012%20of%202011/subsidiary%20legislation/docs/KenyaCitizenshipandImmigrationAct12of2011_subsidiary.pdf)
* [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/I/Investment%20Promotion%20Act%20-%20No.%206%20of%202004/subsidiary_legislation/docs/InvestmentPromotionAct6of2004_subsidiary.pdf)
* [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/O/Office%20of%20the%20Attorney-General%20Act%20-%20No.%2049%20of%202012/docs/OfficeoftheAttorney-GeneralAct49of2012.pdf)
* [Kenya Law](https://kenyalaw.org/caselaw/cases/view/182212)
* [Kenya Law](http://kenyalaw.org/caselaw/cases/view/22529/)
* [Kenya Law](https://kenyalaw.org/caselaw/cases/view/242835/)
* [Kenya Law](https://kenyalaw.org/caselaw/cases/view/219549/)
* [Kenya Law](https://kenyalaw.org/caselaw/cases/view/291657/index.html)
* [Corey Lee Law](https://coreyleelaw.com/e-2-visa/)
* [Harris-Sliwoski](https://harris-sliwoski.com/blog/the-benefits-of-e-2-visas-over-eb-5-visas/)
* [Usimmigrationadvisor](https://www.usimmigrationadvisor.com/immigration-blog/biden-administration-confirms-trump-era-changes-to-eb-5-investor-visa/)
* [Wikipedia](https://en.wikipedia.org/wiki/Convention_Relating_to_the_Status_of_Stateless_Persons)
* [European Parliament](https://www.europarl.europa.eu/RegData/etudes/BRIE/2021/696171/EPRS_BRI(2021)696171_EN.pdf)



## Introduction

The E-2 Treaty Investor Visa is a non-immigrant visa that allows foreign investors from treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. While Kenya does not have a direct treaty with the United States for the E-2 visa, Kenyan investors can still access this visa by obtaining citizenship from a country that has a treaty with the U.S. This guide will provide a comprehensive overview of the requirements and components necessary for a successful E-2 Treaty Investor Visa application.

## Table of Contents

1. Overview of the E-2 Treaty Investor Visa
2. Eligibility Criteria
3. Required Documentation
   1. Proof of Nationality
   2. Evidence of Investment
   3. Business Plan
   4. Source of Funds
   5. Ownership and Control
   6. Marginality
   7. Intent to Depart
4. Application Process
   1. Form DS-160
   2. Form DS-156E
   3. Visa Fees
   4. Interview
5. Case Laws and Legal Precedents
6. Conclusion
7. TLDR

## 1. Overview of the E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa allows individuals from treaty countries to invest in a U.S. business and live in the United States. The visa is renewable indefinitely as long as the investment enterprise is operational and meets the visa requirements. The E-2 visa is particularly attractive because it allows investors to bring their immediate family members, who can also live and study in the U.S.

## 2. Eligibility Criteria

To qualify for an E-2 Treaty Investor Visa, the applicant must meet several criteria:

- **Nationality**: The investor must be a national of a country that has a treaty of commerce and navigation with the United States.
- **Investment**: The investor must have invested or be in the process of investing a substantial amount of capital in a bona fide enterprise in the United States.
- **Business**: The investment must be in a real and operating commercial enterprise.
- **Control**: The investor must have control of the funds and the enterprise.
- **Marginality**: The investment must generate more than enough income to provide a minimal living for the investor and their family or have a significant economic impact in the U.S.
- **Intent to Depart**: The investor must intend to depart the U.S. when the E-2 status ends.

## 3. Required Documentation

### 3.1 Proof of Nationality

The applicant must provide evidence of their nationality from a treaty country. This can include:

- Passport
- Birth certificate
- National ID card

### 3.2 Evidence of Investment

The applicant must demonstrate that they have invested or are actively in the process of investing in a U.S. business. This can include:

- Bank statements showing the transfer of funds
- Purchase agreements
- Lease agreements
- Invoices and receipts for business expenses

### 3.3 Business Plan

A comprehensive business plan is crucial for the E-2 visa application. The business plan should include:

- Executive summary
- Business description
- Market analysis
- Marketing and sales strategy
- Organizational structure
- Financial projections (typically for five years)
- Job creation plans

### 3.4 Source of Funds

The applicant must prove that the investment funds were obtained through legal means. This can include:

- Tax returns
- Bank statements
- Sale of property
- Loan agreements
- Gift letters

### 3.5 Ownership and Control

The investor must show that they own at least 50% of the enterprise and have operational control. This can be demonstrated through:

- Shareholder agreements
- Articles of incorporation
- Operating agreements

### 3.6 Marginality

The investment must not be marginal. The applicant must show that the business will generate more than enough income to support the investor and their family or have a significant economic impact. This can be demonstrated through:

- Financial statements
- Payroll records
- Tax returns

### 3.7 Intent to Depart

The applicant must demonstrate their intent to depart the U.S. upon the expiration of their E-2 status. This can be shown through:

- A signed statement of intent
- Evidence of ties to their home country (e.g., property ownership, family ties)

## 4. Application Process

### 4.1 Form DS-160

The DS-160 is the online non-immigrant visa application form. All E-2 visa applicants must complete this form and submit it online. The form requires detailed information about the applicant's background, travel history, and purpose of travel.

### 4.2 Form DS-156E

The DS-156E is a supplement to the DS-160 specifically for E-2 visa applicants. This form provides detailed information about the investment and the business. It must be completed and submitted along with the DS-160.

### 4.3 Visa Fees

Applicants must pay the required visa application fees, which include:

- The DS-160 application fee
- The DS-156E processing fee
- Any additional fees required by the U.S. consulate or embassy

### 4.4 Interview

After submitting the application forms and paying the fees, the applicant must schedule and attend an interview at the U.S. consulate or embassy in their home country. During the interview, the consular officer will review the application and supporting documents and ask questions to determine the applicant's eligibility for the E-2 visa.

## 5. Case Laws and Legal Precedents

### Matter of Walsh and Pollard, 20 I&N Dec. 60 (BIA 1988)

- **Parties**: Walsh and Pollard
- **Outcome**: The Board of Immigration Appeals (BIA) clarified the definition of "substantial investment" and "bona fide enterprise" for E-2 visa purposes.
- **Relevance**: This case is significant because it provides a legal precedent for what constitutes a substantial investment and a bona fide enterprise, which are critical components of the E-2 visa application.

### Matter of Udagawa, 14 I&N Dec. 578 (BIA 1974)

- **Parties**: Udagawa
- **Outcome**: The BIA ruled that the investment must be at risk and irrevocably committed to the enterprise.
- **Relevance**: This case emphasizes the importance of the investment being at risk and irrevocably committed, which is a key requirement for the E-2 visa.

### Matter of Khan, 14 I&N Dec. 397 (BIA 1973)

- **Parties**: Khan
- **Outcome**: The BIA ruled that the investor must have control over the funds and the enterprise.
- **Relevance**: This case highlights the necessity for the investor to have control over the investment and the business, which is a crucial element of the E-2 visa application.

## Conclusion

The E-2 Treaty Investor Visa offers a valuable opportunity for foreign investors to live and work in the United States by investing in a U.S. business. While Kenyan nationals must first obtain citizenship from a treaty country, the E-2 visa remains an accessible and attractive option. By meeting the eligibility criteria and providing comprehensive documentation, applicants can increase their chances of a successful E-2 visa application.

## TLDR

To apply for an E-2 Treaty Investor Visa, you must provide proof of nationality, evidence of investment, a detailed business plan, proof of the source of funds, documentation of ownership and control, evidence that the investment is not marginal, and a statement of intent to depart the U.S. upon visa expiration. The application process involves completing forms DS-160 and DS-156E, paying visa fees, and attending an interview at a U.S. consulate or embassy.

Sources:
- [USCIS](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors)
- [EB5 Brics](https://www.eb5brics.com/kenya/e-2-visa)
- [Visa Index](https://visaindex.com/visa/us-visa/treaty-visa/e2-visa/)
- [USCIS Guide](https://www.uscisguide.com/visa/immigrant-visas/employer-sponsored-employment/e-2-visa-treaty-investors/)
- [Global Citizen Solutions](https://www.globalcitizensolutions.com/e2-visa-requirements/)
- [Algorizin](https://www.algorizin.com/blog/how-to-invest-in-the-u-s-with-an-e-2-treaty-investor-visa)
- [Immi USA](https://www.immi-usa.com/e2-visa/)
- [Visa Guide World](https://visaguide.world/us-visa/nonimmigrant/e2/)
- [Kenya Law](http://www.kenyalaw.org)

What should be included in an E-2 treaty investor visa application?

Ask a lawyer: What should be included in an E-2 treaty investor visa application?

Ask a lawyer:
What should be included in an E-2 treaty investor visa application?