Applying for an E-2 Visa from the Netherlands

Treaty Investor (E2) Visa in Netherlands 

The United States has long been a land of opportunity, attracting individuals from around the world with its promise of prosperity and success. For those seeking to invest in and manage a business in the U.S., the E-2 Treaty Investor Visa offers a unique and appealing avenue to realize their American dream.

Treaty investor (E2) visas are available for Dutch nationals with which the United States has a treaty of commerce and navigation with the Netherlands. This treaty is formally known as the Dutch American Friendship Treaty (DAFT). The circumstances under which one can apply for a treaty trader or treaty investor visa is as follows; 

• Those who are in the process of investing a substantial amount of capital in the United States. This investment can include buying an existing business, making a substantial investment in an existing business, buying a franchise or starting a business from scratch. The specific investment amount required varies depending on the nature of the business and other factors. Generally, the investment should be sufficient to ensure the success of the enterprise.

• Note – it is possible to use loans to pay for the investment so long as the loans are in the name of someone or a company with the same nationality as the primary investor.

• Those who seek to develop and direct the operations of an enterprise. As the applicant, you must demonstrate that you own and control at least 50% of the U.S. business (should this not be the case then at least 50% of the ownership of the business should be in the hands of someone or a company which shares the same nationality as you). Meaning there is an option to apply for an E-2 Visa if another Dutch national is the owner and operator of the enterprise the applicant is seeking to develop and direct. You should have the ability to direct and manage the enterprise on a day-to-day basis.

• Note – you only need the ABILITY to direct and manage the enterprise, as a primary investor it is not required that you do so.

Treaty investor (E2) visas are available for executive-level and specialized essential employees of treaty investors who possess the same nationality as the treaty investor

An E-2 visa may be issued only to a principal applicant who is a national of the Netherlands, or its equivalent, with the United States. E-2 visas may not be issued to a principal applicant if he/she is a resident or national of a country without a treaty. 

What is a Treaty Investor Visa?

The E-2 Treaty Investor Visa is a non-immigrant visa that allows foreign nationals to enter and work in the United States based on their substantial investment in a U.S. business. It is a visa category under the U.S. immigration system designed to promote international trade and commerce by encouraging foreign nationals to invest in and manage enterprises on American soil.

To be eligible for an E-2 visa, applicants must be citizens of a country that has a bilateral treaty of commerce and navigation with the United States. The list of eligible countries can change over time, so it is essential to verify eligibility with the U.S. Department of State before proceeding with the application process. This list can be found on the Department of State’s website here: Treaty Countries (state.gov)

In this case Dutch nationals are able to apply for the E-2 visa under the DAFT agreement between the United States and the Netherlands.

How to Get an E-2 Visa

Obtaining an E-2 Treaty Investor Visa involves several steps. Each Treaty Country’s Embassy has particular idiosyncrasies and timelines. In the Netherlands, after making the initial investment and collecting documents to demonstrate ownership and control, the steps are as follows: 

• Applying for the Visa: Once you have made the necessary investment, you can apply for the E-2 visa in the U.S. Embassy in Amsterdam. The application process typically involves submitting various forms, supporting documents, and paying the required fees.

• Interview: After submitting your application, you may be required to attend an interview at the U.S. Embassy or Consulate. During the interview, you will have the opportunity to explain your investment plans and intentions.

• Visa Approval: If your application is approved, you will receive an E-2 visa stamp in your passport, allowing you to enter the United States. The visa is typically granted for a renewable period of up to five years.

•  Operating the Business: Once in the United States, It is expected that your business continues to grow and support jobs. Your visa status is contingent on the ongoing viability and success of the enterprise.

Benefits of an E-2 Visa 

The E-2 Treaty Investor Visa offers numerous benefits to foreign investors and entrepreneurs:

1. FLEXIBILITY – E-2 visa holders have the flexibility to invest in a wide range of businesses, including startups, existing companies, and franchises. This flexibility allows for diverse investment opportunities in various industries.

2. FAMILY INCLUSION – E-2 visa holders can include their immediate family members (spouse and children under 21) as dependents on their visa application. Dependents are also granted permission to live and work in the United States for the duration of the visa.

3. NO QUOTA OR LOTTERY – Unlike some other visa categories, the E-2 visa does not have a quota or lottery system. As long as applicants meet the eligibility criteria and invest substantially in a qualifying business, they have a good chance of obtaining the visa.

4. RENEWABLE – E-2 visas can be renewed indefinitely, provided that the business remains viable and the investment continues to meet the required criteria. This offers long-term opportunities for investors to establish and expand their enterprises in the U.S.

5. PATH TO PERMANENT RESIDENCY – While the E-2 visa itself is a non-immigrant visa, it can serve as a stepping stone to permanent residency for investors who wish to pursue that option. By demonstrating a significant and sustained investment, E-2 visa holders may be eligible to apply for an immigrant visa, such as an EB-5 investor visa.

6. EDUCATION – E-2 visa holders and their dependents have access to educational opportunities in the United States. This includes enrolling in schools, colleges, and universities, making it an attractive option for families seeking quality education for their children.

7. ACCESS TO THE U.S. MARKET – Investing in the U.S. provides foreign investors with access to one of the largest and most dynamic markets in the world. This can lead to increased business opportunities and potential for growth.

8. STABILITY – The United States offers political and economic stability, which can be particularly appealing to investors seeking a secure environment for their business operations.

Spouses and Children of E-Visa Principle Applicants 

If the spouse and children of the E-2 principal application are not Dutch nationals and are instead nationals of a country that does NOT have a commerce and navigation treaty with the United States, to be accorded derivative E-2 status, the spouse and children will be subject to the scheduling and filing requirements of the country that the principal applicant is a national of. 

Example (1)

•  If Jane is the principal applicant of an E-2 visa and she is a national of country A which has a treaty with the United States, but her family (spouse and children) are nationals of country B that does not have a treaty with the US. Then Jane’s spouse and children will be able apply for dependent E-2 status which will be conducted through country A’s scheduling, fees, and filing process. 

If the spouse and children of an E-2 visa principal applicant are not Dutch nationals, but their country of nationality DOES have a commerce and navigation treaty with the United States, to be accorded derivative E-2 visa status, the spouse and children of the principal applicant are subject to the scheduling and filing requirements of their own country. 

Example (2) 

• If John is the principal applicant of an E-2 visa and he is a national of country Y which has a treaty with the United States, but his family are nationals of country Z which also has a treaty with the United States. Then John’s spouse and children will be able to apply for derivative E-2 status that is conducted through country Z’s scheduling, fees, and filing process.

Filing Fee

The filing fee for a E-2 visa in the Netherlands is $315, however, there is also a visa reciprocity fee which must be taken into consideration if the visa application is successful. The U.S. Consulate or Embassy in the Netherlands allows for multiple entries and these entries are valid for 36 months from the date of filing. 

The principal applicant will file directly with the U.S. Consulate General in Amsterdam.

Embassy Review and Response 

The US Embassy in the Netherlands will review your initial application package, this can take up to 12 weeks or longer if the application package is incomplete.

The interview: 

• The consulate/embassy will email the principal applicant and their attorney (if they have one) to schedule an interview

• The interview is a mandatory part of the E-visa application process where the principal applicant will meet with a consular representative and discuss their investment and business plan 

• The interview must be conducted within 90 days of the invitation to avoid having to reapply from the beginning. 

What to prepare for the interview: 

• DS-160 confirmation sheet (confirmation page that contains the barcode from the online DS-160 application)

• DS-165E (if you are an essential employee)

• Passport and photograph (valid passport with at least one blank page for visa and a 5×5 cm colored photograph taken within last 6 months) 

• Business documents (all supporting documents for your business/ investment and qualifications must be present if asked)

• Employment details – if applicable (letter from company detailing the role/ salary/ qualifications/ company’s contact information)

Challenges and Considerations

While the E-2 Treaty Investor Visa offers numerous benefits, potential applicants should also consider some of the challenges and factors to keep in mind:

Treaty Country Requirement: To be eligible for an E-2 visa, you must come from a treaty country. If your home country is not on the list, you will need to explore other visa options.

Substantial Investment: The requirement for a “substantial” investment can vary, and it must be enough to ensure the success of the business. The exact amount can differ depending on factors like the industry and location of the business.

We Can Help You Today 

Our team at Blue Lake Law has extensive experience working with the U.S. Conuslate in Amsterdam. We have even obtained an E-2 visa for a Dutch national within 6 weeks of filing. 

At Blue Lake Law, we are committed to helping our clients navigate the complexities of U.S. immigration. If you’re facing similar challenges, we’re here to help you achieve your immigration goals.