Moldova and Montenegro have signed E-2 visa (investor) treaty with United States. Montenegro has E-1 and E-2 both signed with US. Therefore citizens of these two countries can apply for E-2 non-immigrant visa to enter United States. This could be interesting as these two countries officially announced they will be opening citizenship by investment program by Oct 2018.
According to US department of state, Montenegro has the oldest E1/E2 visas signed way bay back in 1880’s, while Moldova signed in 1994. Previously Grenada was the only country having a CIP and E-2 treaty with US, now two more countries are joining in this exclusive perk.
| Moldova | E-2 | November 25, 1994 |
| Montenegro | E-1 | November 15, 1882 |
| Montenegro | E-2 | November 15, 1882 |
An E-2 visas is one of the better alternatives to EB-5 for HNWIs, who do not want to immigrate to US, periodically visit US for business and tax planning.
Like Grenada, economic citizens of Moldova and Montenegro may be required to provide, residency card and registered local address to apply for E-2 visas.
What is an E-2 visa?
- E-1 – Treaty trader, spouse or child
- E-2 – Treaty investor, spouse or child
- E-2C – Commonwealth of Northern Mariana Islands investor, spouse or child
If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification.
To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.
A substantial amount of capital is:
- Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
- Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
- Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.
Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each.
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee.
E-2 Visas issued by US consulates
The US consulate in Moldova issued about 3 E-2 visas for the month July 2018, and 5 visas for 2017 according to visa statistics
| Moldova
July 2018 |
||
|
Chisinau |
A1 |
4 |
|
Chisinau |
A2 |
100 |
|
Chisinau |
A3 |
1 |
|
Chisinau |
B1/B2 |
180 |
|
Chisinau |
C1/D |
4 |
|
Chisinau |
E2 |
3 |
|
Chisinau |
F1 |
22 |
|
Chisinau |
F2 |
1 |
|
Chisinau |
G1 |
1 |
|
Chisinau |
G4 |
3 |
|
Chisinau |
H1B |
4 |
|
Chisinau |
H2A |
1 |
|
Chisinau |
H4 |
1 |
|
Chisinau |
J1 |
66 |
|
Chisinau |
J2 |
1 |
|
Chisinau |
K1 |
4 |
|
Chisinau |
K2 |
3 |
|
Chisinau |
L1 |
3 |
|
Chisinau |
L2 |
5 |
Montenegro
| Montenegro
July 2018 |
||
|
Podgorica |
A1 |
11 |
|
Podgorica |
A2 |
12 |
|
Podgorica |
B1 |
1 |
|
Podgorica |
B1/B2 |
240 |
|
Podgorica |
C1/D |
156 |
|
Podgorica |
F1 |
33 |
|
Podgorica |
G2 |
1 |
|
Podgorica |
H1B |
2 |
|
Podgorica |
J1 |
51 |
|
Podgorica |
L1 |
1 |
|
Podgorica |
O1 |
1 |
|
Podgorica |
O3 |
1 |
