Investors Can Apply Beginning May 1, 2019

The U.S. Embassy in Israel has announced that beginning on May 1, 2019, citizens of Israel may apply for an E-2 Treaty Investor visa. While a treaty between Israel and the United States has been in place for many years, a full reciprocal arrangement was not available for both U.S. citizens seeking Israeli visas based on investment, and vice-versa for Israelis seeking to invest in the U.S. In June 2012, President Obama signed legislation that added Israel to the list of countries eligible for the E-2 visa. However, the U.S. legislation required that Israel provide similar terms and conditions for U.S. citizens investing in Israel. The new regulations passed by the Israeli Knesset will allow U.S. citizens investing in Israel to be eligible to work here for an unlimited time-frame, along with their spouses.

The E-2 visa is a temporary (nonimmigrant) visa that can be used to develop, direct, or provide specialized skills to an enterprise in which the owner has invested a substantial amount of capital. To qualify for a Treaty Investor (E-2) visa, in general:

• The investment must be substantial and sufficient to ensure the successful operation of the enterprise;
• The business must be a real operating enterprise;
• The investor must be traveling to the U.S. to develop and direct the enterprise;
• If the applicant is not the investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.

The new E-2 visa for Israelis will be very significant. As reported by AIPAC, “Israeli companies have increasingly looked to opportunities in the United States, investing more than $150 billion between 2010 and 2015. Israel is among the top 20 suppliers of direct investment into the United States. In fact, Israelis invested more than $25.1 billion in 2015 alone. And today, over 30 U.S. states have signed bilateral agreements with Israel in order to foster closer ties in fields like business, technology, agriculture, homeland security and energy.”

Seeking an E-2 investment requires many forms of documentation, such as a properly structured business plan, lawful source of funds, proof of active investment, and more, which our law firm is happy to guide you through, as well as assist you in organizing or preparing. For more information, please feel free to contact our firm‘s board certified expert in Immigration law.