E-2 Visa Peru: Treaty Country Guide

The E-2 visa is a unique non-immigrant classification that allows citizens of countries with which the United States maintains a qualifying treaty of commerce and navigation to invest in a U.S. business. Peru has such a treaty, making its citizens eligible to apply for this visa.

Unlike other investment-based visas, the E-2 does not have a fixed minimum investment amount mandated by law. However, the investment must be substantial in relation to the total cost of establishing or purchasing the business. The U.S. Department of State considers the total cost of a viable business, and the investor's contribution must be a significant percentage of this value, often interpreted as at least 50% ownership, though this can vary.

Crucially, the investment must be 'real and operating.' This means the business must be an active commercial or entrepreneurial enterprise, existing for the purpose of engaging in trade or services. Mere passive investment, such as purchasing stocks or bonds without any controlling interest or operational involvement, does not qualify.

To qualify for the E-2 visa as a Peruvian national, several key requirements must be met. These are outlined in the Foreign Affairs Manual (9 FAM 402.9) and are consistently applied by consular officers.

First, the applicant must be a national of Peru, the treaty country. Second, they must have a qualifying treaty with the United States. Peru's treaty status is essential for this eligibility.

Third, the applicant must have invested, or be actively in the process of investing, a substantial amount of capital in a U.S. business. The investment must be substantial in nature, meaning it is sufficient to ensure the investor's successful operation of the business. The funds must be irrevocably committed to the business.

Fourth, the applicant must be coming to the U.S. solely to develop and direct the enterprise. This requires the investor to have control over the business, typically through majority ownership (over 50%) or by possessing operational control via other means, such as a controlling voting interest or essential management roles. Fifth, the business must be a legitimate, operating enterprise that generates profits, not a marginal one solely for supporting the investor and their family.

A qualifying investment for the E-2 visa involves the actual commitment of investor's capital in a bona fide U.S. business. This capital must be subject to loss if the business fails. The funds must be acquired by the investor through lawful means, such as personal savings, inheritance, or loans secured by the investor's personal assets.

The business itself must be a legitimate commercial or entrepreneurial enterprise that produces goods or services for profit. It cannot be a non-profit organization or a marginal business established solely to provide a living for the investor and their family. The business must have the present capacity to generate significantly more than enough income to provide a minimal living for the investor and their dependents, or demonstrate a presently compelling economic basis for future success.

Examples of qualifying businesses include franchises, restaurants, retail shops, service-based businesses (e.g., consulting firms, cleaning services), manufacturing facilities, and technology startups. The key is that the business is active, generating revenue, and has the potential for growth.

• Investment must be in a real and operating commercial or entrepreneurial enterprise.
• Funds must be substantial in relation to the business cost and irrevocably committed.
• Investor must have control (usually >50% ownership) and intend to develop/direct the business.
• Business must have the capacity to generate income beyond the investor's needs.
• Investment cannot be marginal; it must have potential for growth.
• Funds must be legally acquired and subject to loss.

A well-structured business plan is a cornerstone of a successful E-2 visa application, particularly for Peruvian nationals. It serves as the primary document to demonstrate the viability of the business, the applicant's intent to develop and direct it, and its potential to generate income and employment.

The business plan should detail the nature of the business, its products or services, target market, marketing strategy, operational plan, management structure, and detailed financial projections. It must clearly outline how the invested capital will be used and how the business will achieve profitability and sustainability.

For Peruvian applicants, the business plan should specifically address how the investment meets the 'substantial' requirement and demonstrate the applicant's role in developing and directing the enterprise. It needs to project job creation for U.S. workers and show the business is not marginal. While not a legal requirement to use a specific service, resources like Plansera AI can assist in generating USCIS-grade business plans tailored for immigration purposes.

The application process for an E-2 visa for Peruvian nationals typically begins with establishing the U.S. business and making the qualifying investment. Once the business is operational and the investment is committed, the applicant can initiate the visa application.

For applicants applying from within the U.S. (e.g., changing status from another visa type), the process involves filing Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). If approved, USCIS may grant a period of stay consistent with the E-2 requirements.

For applicants applying from Peru, the process involves submitting the visa application (DS-160) and attending an interview at the U.S. Embassy or Consulate in Lima. Consular officers will review the application, supporting documentation, and conduct an interview to assess eligibility based on the treaty requirements.

• Establish a qualifying U.S. business and make a substantial investment.
• Gather all supporting documentation: proof of nationality, investment, business ownership, business plan, financial statements.
• For applications from Peru: Complete Form DS-160 online visa application.
• Schedule and attend a visa interview at the U.S. Embassy or Consulate in Lima.
• For applications from within the U.S.: File Form I-129 with USCIS.
• Be prepared to demonstrate intent to depart the U.S. upon the termination of your status.

Spouses and unmarried children under 21 years of age of E-2 visa principal applicants from Peru are eligible to accompany the principal applicant to the United States. They can apply for dependent visas (E-2 derivative visas).

Dependents are generally admitted for the same period as the principal investor. Spouses of E-2 visa holders are permitted to work in the United States without needing a separate employment authorization document (EAD). This is a significant benefit of the E-2 visa category.

Children accompanying the principal E-2 investor may attend U.S. schools and universities. While they can study, they cannot work in the U.S. unless they obtain their own work-authorized status or change their status to a different visa category that permits employment.

E-2 visas are granted for an initial period of up to two years, but extensions of stay can be granted in two-year increments indefinitely, as long as the principal investor continues to meet the E-2 requirements. There is no limit on the total duration of stay, provided the business remains active and the investor continues to develop and direct it.

To extend an E-2 status while in the U.S., the applicant must file Form I-129 with USCIS before their current authorized stay expires. The application must demonstrate that the business is still operating successfully and that the investor continues to meet all eligibility criteria.

If applying for an extension from abroad, the applicant would typically seek a new E-2 visa stamp at a U.S. Embassy or Consulate. The process is similar to the initial application, requiring updated documentation to show the continued viability of the business and the investor's ongoing role.