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Student visa F1 > Considering to apply E2 "Employee of the treaty investor"

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I have been in US for around 5 years with and student visa F1 which is going to expired in November. A friend of mine talk to me about the possibility to apply for a E2 visa under the qualification of "Employee of a Treaty Investor", since I have been helping him with the management of his business for all this years. Although I have some questions about it.


1. He's from Honduras and I'm from Colombia, is necessary for us to have the same nationality?

2. Since we'll fill up the application as a "employee of a treaty investor" is it necessary for me to show any amount of money?

3. In case the I qualify, do I need to go to Colombia to get my new visa or can I get it from here?

4. What are the chances of getting the visa if the business is a restaurant that's been open for around 11 years and I apply as a general manager?

5. Is there any other option for a work visa? Like H1 or something like that considering that the business is a restaurant that don't need super qualify people?


Thank you in advance for your help.


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In what way have you been “helping with the management” of this business all these years?


When are you due to graduate?


anyway, the answers to your questions are pretty easily found on the uscis website, looks like you are out a the first hurdle unfortunately :




General Qualifications of the Employee of a Treaty Investor

To qualify for E-2 classification, the employee of a treaty investor must:

  • Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
  • Meet the definition of “employee” under relevant law
  • Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

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Forget this plan -- you will not qualify. 


An E-2 employee must have the same nationality as the E2 company, i.e., the same nationality as the treaty investor.  In this case that would be Honduras.  There are also several other problems with your case (including likely having engaged in unauthorized work in the US), but won't bother going into them, since you don't qualify on one of the most basic requirements.

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