Ask A Lawyer :: Can Same-Sex Partners Apply for an E-2 Treaty Investors Visa?

Can same-sex partners apply for an E-2 Treaty Investors Visa?

The E-2 Treaty Investors Visa is a viable way for a national of another country to gain admittance to the United States. A national looking to invest in the United States can receive an E-2 Visa if they meet the following qualifications set by USCIS:

*The national must be from a country that currently has a treaty of commerce and navigation with the United States. A list of countries eligible can be found on the U.S. Department of State's website. www.travel.state.gov/content/visas/en/fees/treaty.html

*The national must be planning to invest, or already has invested in a legitimate business in the United States.

*The national must be able to prove that they have at least 50 percent ownership of the business they are investing in and must be entering the U.S. only to develop and manage the invested business.

Once an E-2 Visa is obtained, the national is granted a two year stay in the United States and may apply for renewals every two years to extend their stay. Additionally, an E-2 Visa may also be acquired by the employees and family members. If an employee wishes to be granted an E-2 Visa they must be of the same nationality of the employer, have a supervisor or executive role in the country unless they have specific qualifications needed for a non-executive/managerial position, and must meet the lawful definition of the term "employee."

The family members of the treaty investor, or employees, may apply for an E-2 nonimmigrant classification as dependents. The family members must be either a spouse, or unmarried children under the age of 21. If the family member acquires the E-2 Visa, they are generally allowed to stay for as long as the employee, or treaty investor, is allowed to stay. There are further options for family members that are already in the U.S., or those that wish to extend their stays on the United States Citizenship and Immigration Services (USCIS) website. The family members, investors, and employees must be cautiously aware of the length of their stay in the United States in order to be considered eligible for extensions on their E-2 Visas.

Due to the landmark decision of Obergefell v Hodges, 576 U.S. on June 26, 2015 the E-2 Visas are now applicable to the LGBT community. Same-sex couples are now able to apply as E-2 nonimmigrant dependents where they were not permitted before. This is monumental for the LGBT community and the immigration process that has now joined the 21st Century because of the decision to declare the Defense of Marriage Act (DOMA) unconstitutional.

It is recommended that investors, employees, and family members looking to obtain an E-2 seek an experienced immigration attorney to assist in this process making it as smooth as possible.

In addition to providing immigration legal counsel to individuals and businesses, attorney Margo Chernysheva is a provider of mediation and arbitration services in Nevada. Visit www.immigrationlawnv.com