What is an E-2 Visa?

An E2 Visa is a nonimmigrant visa which allows foreign investors from treaty countries to make a substantial investment in an existing business, business franchise, or create a new business in the U.S. It also allows foreign nationals to work with a U.S. business owned by at least 50% of foreign nationals of the treaty country.
It may be applied in the U.S. through the United States Citizenship and Immigration Services (USCIS) if you are already lawfully staying in the U.S. and the law allows for a change of status or through a U.S. Embassy or Consulate abroad if you are outside the U.S.

What is an E2 Visa lawyer?

There are a lot of ways for foreign investors and their family members to enter the U.S. and one of the most popular options is the E2 Visa.

There is a list of requirements that foreign investors have to meet so they can qualify for an E2 Visa, and working with an immigration lawyer can help you through the process and increase your chances of getting approved.

What is the duty of an E2 Visa lawyer?

An experienced immigration lawyer ensures that your E2 Visa process   is smooth and correctly done. As compared to handling the whole process yourself, you can hire a competent and experienced immigration attorney who can save you time, money, and stress. Immigration lawyers can also assist you in many ways, including a possible visa renewal in the future.

Overall, the help your immigration lawyer may help you with:

• • • • Gathering all the relevant documents required for your visa application;
      • Ensuring that all areas of your application are satisfactorily completed;
      • Assisting you in managing the overall business;
      • Ensuring that you’re well-informed;
      • Addressing any question or issue you may have;
      • Communicating openly with the immigration authorities;
      • Submitting forms; and
      • Monitoring your visa application.

How do I check if an E2 Visa lawyer is competent and experienced?

It is not enough that your lawyer is knowledgeable about immigration law. Since they will be mainly handling your visa application, you must select a competent and experienced immigration lawyer.

Here are some questions that you can ask when selecting who will you work with:

How many E2 Visa cases have you handled? Some lawyers practice multiple areas of law while some specialize in investor visas. As with other visa applications, your lawyer should have experience handling E2 Visa cases as their practical experience can make sure that your case is handled properly, smoothly, and correctly.

Have you had an E2 Visa case denied? It is important that you also know the success rate of your immigration lawyer so you can gauge how many cases they’ve handled successfully.

Do you provide 24/7 access to your clients? There are law firms that use insecure paper files when handling cases. This means that you have to ask your lawyer to make a copy when you need to access your files. It can create problems when you’re in a different location from the law firm, especially when you need to share and access files regularly.

Do you have experience in handling cases in my home country? The difficulty of an E2 Visa application is dependent on the local procedures and processes of the country where the petition is filed. Your lawyer must have handled cases in your home country so that they are knowledgeable on the local processes.

Are you a member of the AILA?

The AILA or the American Immigration Lawyers Association is a professional association where most immigration lawyers join. It provides continuing legal education, professional services and expertise to attorneys who practice and teach immigration law.

Are you qualified to prepare a business plan?

A business plan is one of the keys to obtaining an E2 Visa and so, it must meet the requirements of U.S. laws and regulations. It allows the U.S. government to know more about your business and to create a record for future E2 Visa renewals.

How many lawyers will work on my case?

There are law firms with a limited number of lawyers and will often place only one lawyer per case. This is why when the lawyer becomes sick or unavailable, your application is interrupted.

What are the requirements of an E2 Visa?

The E2 Visa requirements are strict, and only those who qualify can obtain this visa. In general, you must meet the following to qualify for the visa:

• • • • You must be a national of an E2 treaty country;
      • You must invest a substantial amount in an existing business, franchise business, or create a new business in the U.S;
      • You must invest in a bona fide enterprise;
      • Your funds must be irrevocably committed and in a bank account;
      • Your investment must not be marginal, which means that its income should not only provide a living for you and your family, but also create employment for U.S. workers and contribute to the U.S. economy;
      • Your investment must have a significant economic impact;
      • You should have control over the funds; and
      • You must come to the U.S. to direct or develop the commercial enterprise or business in which you have invested.

Nationality and Ownership

The treaty investor must be a national of an E2 treaty country, which is a country that maintains a treaty of commerce and navigation or a bilateral agreement with the U.S. or is otherwise rendered qualified by law. In a company, nationality is determined by the nationality of the individual owners of the business and is required that at least 50% of the business is owned by nationals of the treaty country.

E2 Treaty Employees

If a foreign national employee has the same nationality as that of the foreign investor of the E2 enterprise, they are also qualified for an E2 Visa. Their employment must be in an executive and or supervisory capacity or they possess special qualifications essential to the operations of the enterprise.

What are the benefits of an E2 Visa?

There are benefits that you can enjoy when you obtain an E2 Visa. Here are some of them:

• • • • You can legally work and reside in the U.S;
      • You can stay in the U.S. indefinitely through renewals as long as you still meet the requirements;
      • Your spouse and unmarried children under the age of 21 can go with you;
      • Your spouse can work in the U.S. without securing additional work authorization;
      • Your children can study in the U.S;
      • You can travel freely inside and outside the U.S;
      • Your investment does not have to be cash;
      • You don’t have to invest a minimum amount of capital;
      • You don’t need to prove that your business created a minimum number of jobs; and
      • You can take advantage of certain tax benefits.

How do I apply for an E2 Visa?

Please take note that since the E2 Treaty Investor Visa is a nonimmigrant visa, you can’t obtain permanent residency through it. If you’re planning to obtain a green card or acquire permanent resident status, you must apply for an immigrant visa.

There are two ways to obtain an E2 Visa. First, you can apply through a U.S. Embassy or Consulate abroad if you are abroad. Please take note that consular procedures and processing times may vary depending on your choice of consulate. You have three consular options:

• • • • The consulate where you lawfully reside;
      • The consulate in your home country; and
      • The consulate where you are visiting may sometimes be willing to adjudicate the application.

Second, you also have the option to obtain E2 status by filing a Change of Status within the U.S.

To obtain an E2 Visa, you must submit your application to the U.S. Embassy or Consulate in your home country. Your E2 Visa lawyer will ensure that you and your business qualify and comply with all the requirements. This includes the submission of relevant documents and the payment of the proper E2 Visa costs.

Since most E2 Visa applications are processed by consular officers, you also need to know the Foreign Affairs Manual (FAM). This manual contains the U.S. State Department’s instructions to consular officers when processing E2 Visa applications. This can help you during your visa application.

What is the investment amount in an E2 Visa?

One of the requirements in qualifying for an E2 Visa is that you have invested a substantial amount of capital. However, there is no required minimum investment amount. To be considered substantial, the investment capital is proportioned to the overall size and operations of the business. For example, an investment that’s substantial for a small shop is unlikely to be substantial for a larger business.

While there is no minimum amount of investment, the consular officers are guided to look for an investment of $100,000.

Moreover, it is part of the E2 Visa requirement that your investment funds are considered “at-risk”.

The qualifying investment funds include the following:

• • • • Secured loans from your assets;
      • Cash reserves in a business account;
      • Unsecured loans; and
      • Inventory, property, or equipment you have contributed.

Meanwhile, the non-qualifying investments include:

• • • • Loans or mortgage debt secured by the enterprise assets;
      • Loans in which the lender has recourse against the business;
      • Cash held in personal bank accounts.

What is the validity period and period of stay for an E2 Visa?

The validity period of your E2 Visa depends on your nationality and can range from 3 months to 5 years. For example, countries such as Egypt and Bangladesh have a validity period of 3 months while those from Italy and UK may receive 5 years.

This means that you have 3 months or 5 years from the date of issuance to enter the U.S.

Meanwhile, the period of stay for an E2 Visa is for 2 years which gives you time to prove the viability of your business or investment in the U.S. After that, the visa can be extended or renewed indefinitely as long as you meet the requirements.

Can my dependents accompany me to the U.S.?

As we have said, your spouse and unmarried children under the age of 21 can go with you to the U.S. based on your valid E2 Visa. Your spouse can apply for work in the U.S. without the need to secure an Employment Authorization Document (EAD).

The USCIS has issued a policy announcement clarifying that spouses are considered employment authorized based on their valid E nonimmigrant status.

Why make US Green Card Services your trusted E2 Visa Lawyer?

An E2 Visa application can be difficult and long especially if you’re handling it alone. There are a lot of requirements which you must satisfy. Moreover, you must strongly prove to the consular officer that you are qualified for an E2 Visa satisfactorily. You must gauge and understand what immigration officers anticipate from you as a foreign investor. In some cases, they may ask for specific format requirements that you would need to fulfil.

The help of a competent and experienced immigration lawyer can ensure that your application is smooth and correct.

US Green card Services has helped numerous foreign investors and their families move to the U.S. through the E2 Visa. For 15 years, all of the E2 Visa cases we have handled have been successful.

Our pool of immigration lawyers is one of the first to obtain a CBI-based E2 Visa for a client through the Grenada Citizenship by Investment Program.

E2 visa defined

The E2 Business visa is a nonimmigrant visa category that’s issued to foreign investors from countries that have a treaty with the U.S. to invest a substantial amount of capital in a U.S. business. As compared to a treaty trader, with an E2 visa, you can go to the U.S. to start a bona fide enterprise or purchase an existing business and work for that business.

The E2 visa is also a great option for business owners, investors or entrepreneurs who are looking to establish a startup company.

Two Ways to Apply for an E2 Visa

Once you have determined that the E2 visa is the right visa for you, there are two ways to apply for an E2 Visa: 1) from within the U.S. and 2) from outside the U.S.

E2 visa application from within the U.S.

If you’re lawfully present in the U.S. under another non-immigrant visa, you can apply for a change of status to obtain an E2 visa. You can file a Form I-129 to the United States Citizenship and Immigration Services (USCIS). The petition must include evidence of your nationality, investment, and your intent to return once your visa expires.

E2 visa application from outside the U.S.

If you are physically present outside the U.S., you would need to apply for an E2 visa through your home country’s U.S. Embassy or Consulate. You would need to file a Form DS-160 to start with your application for an E2 visa.

File the Form DS-160

If you’re applying for an E2 visa outside of the U.S., then you’d need to file a Form DS-160. Together with the form, you need to provide your information and purpose for going to the U.S. After completing the form, you will be given a confirmation page and code which you would need to have with your interview.

Pay the corresponding fees

Aside from your qualifications, you also need to take into account the cost of E-2 visa. Once you have filed your Form DS-160, you will need to pay the application fee of $315. Moreover, you might also be required to pay additional fees, for example, visa issuance fees or reciprocity fees depending on your country. After you have paid all the fees, save the receipts as you will need them later.

Schedule your visa interview

All applicants between 13 and 80 years old are required to have a visa interview at the U.S. Embassy or Consulate to complete their visa application. We recommend that you schedule your interview as soon as possible so you don’t need to wait long due to the high volume of visa applications.

Prepare relevant supporting documents

The consular officers would use the documents you have submitted including the answers to your interview to determine if you are eligible for an E2 visa, so you must prepare all the relevant documents to increase the chance of you getting approved.

Attend the interview

After the submission of the petition, you will then be interviewed by the U.S. Embassy or Consulate office regarding your purpose and intention of going to the U.S. You need to prove your intent to depart once your E status expires because if it’s suspected that you want to remain in the U.S. permanently, then your application might be rejected.

E2 Visa Process for Startup Companies

Step 1: Consulting with an Immigration Lawyer

The first step in obtaining an E2 visa is to first consult with an immigration lawyer. With the expertise of an immigration lawyer, they can review your situation and circumstances to determine if the E2 visa is the right option for you. They can help you check if there are easier and better options for you based on the goals and benefits you want to acquire.

Step 2: Setting Up Your Company

Once you have consulted with an immigration lawyer and have determined that the E2 visa is the right option for your current immigration and financial goals, the next step is setting up your E2 company. There are two important steps when setting up an E2 company: 1) Forming the company, and 2) Opening a bank account

Forming the company

You may choose any business information when setting up your E2 company such as an LLC or corporation. However, you have to make sure that you own at least 50% of the E2 business. This is because one of the requirements of an E2 visa is that you direct and develop the E2 business, which means you need to show that you have operational control of the business by owning at least 50% of it.

Opening a bank account

After you have formed your company, the next step would be to open a bank account as you would need it to operate an E2 company. Additionally, bank records from your business account will form as evidence for your E2 visa application.

Step 3: Transferring the Investment Funds to the Business Bank Account

Once you have set up your business’s bank account, the next step is to transfer the investment funds into the bank account. This is because, as the USCIS stated, you must make a substantial investment in a U.S. business to qualify for an E-2 visa.

The substantial investment begins with actually depositing the investment funds into the business bank account. While there is no minimum amount set by the regulations, you should at least aim to invest at least $100, 000.

Step 4: Spending the Investment Funds

Once you have transferred your investment funds into the business bank account, you need to begin to spend the funds for business expenses including inventory, equipment, supplies, and marketing among others.

One of the requirements to get an E2 visa is that your funds must be “at-risk” and “irrevocably committed” to the bona fide enterprise. It is not sufficient that you deposit the funds into the business bank account, you must spend the funds for the benefit of the business.

The consular officer reviewing your case will determine if your investment is truly at risk or irrevocably committed according to the E2 guidelines. If not, then your application can be denied.

Step 5: Submitting the E2 Petition

Once you have set up your business or enterprise and that your investment capital is “at risk”, you can now file for your E2 petition. There are two primary options when applying for an E2 visa: 1) change of status with the USCIS, and 2) visa processing at the U.S. Embassy or Consulate.

A change of status can only be done when you’re lawfully present in the U.S. under another non-immigrant status. This can be done by filing with the USCIS a Form I-129. When doing so, you get an E2 status instead and not an E2 visa. It doesn’t give you the ability to travel freely in and out of the U.S. because once you travel abroad, you will lose your E2 status.

Meanwhile, if you’re physically present outside the U.S., you would need to do visa processing for your E2 petition. To do this, you must file a Form DS-160 to the U.S. Embassy or Consulate in your home country. Once you have completed your form, submitted the relevant documents and completed your interview, you will be able to obtain your E2 visa.

Required Documents

The consular officer or adjudicator determines your eligibility for an E2 visa depending on the relevant documents that you have submitted as well as your interview answers. This is why you must prepare your E2 visa requirements carefully. Here is the list of required documents for an E2 visa:

• • • • Filed Form DS-160;
      • A copy of your passport that is valid for at least 6 months beyond the period of your stay in the U.S. and with at least one blank page;
      • Two coloured photographs that comply with the U.S. visa photo requirements. You are allowed to wear a headdress if required by the religious order in which you are a member;
      • The receipt that shows you have paid the required application fee;
      • Form DS-156E, if you are an executive, manager or essential employee;
      • Curriculum vitae;
      • Proof that you intend to depart the U.S. once your visa expires such as property deeds or apartment lease;
      • Proof that you invested in a bona fide enterprise such as a business license, bank statements, organizational chart, tax returns, and financial statements among others. This means that the enterprise must be real, active and operating which produces products or services for profit;
      • Proof that your investment is substantial such as personal bank statements, business bank statements, business license and registration, and business plan;
      • Proof of your nationality; and
      • Proof that the enterprise is not a marginal enterprise such as personal tax returns, personal assets and income, and payroll records. This means that the business or enterprise has the present or future capacity to generate more income than that is for the minimal living of the treaty investor and his or her family members.

Factors to Consider When Applying for an E2 Visa

If you’re planning to apply for an E2 Treaty Investor visa, there are different things you need to consider as a treaty investor:

Requirements for the investment

You must invest a substantial amount in a U.S. business or enterprise to qualify for an E2 visa. There’s no minimum amount of investment required, but its substantiality depends on the nature of the business. It must be sufficient enough to ensure your financial commitment to the success of the business, or of magnitude to support the likelihood that you will successfully develop and direct the bona fide enterprise.

Take note as well that the investment capital must be subject to partial or total loss if the investment fails.

Comprehensive business plan

You must have a comprehensive business plan that shows your investment, goals, and projected growth or success. It should also show that your investment will create jobs for qualified U.S. workers.

Eligibility of your country

Only a national of a country that has a signed treaty with the United States or with a qualifying international agreement, or which has been deemed qualified by legislation can apply for an E2 visa. You need to make sure that you’re a national of qualified E2 countries before applying.

Interview with the U.S. Embassy or Consulate

The interview with the U.S. Embassy or Consulate is one of the important steps in an E2 visa application. You need to prepare to answer questions related to your qualifications, your investment, and your business plan.

Extensions

The E2 visa is valid initially for 2 years. You need to meet the requirements to be able to renew your visa in increments of 2 years indefinitely.

Consult with an immigration attorney

The E2 application process can be complicated and rigorous, so consulting with an experienced immigration attorney can help you navigate the process. Your immigration attorney can prepare the relevant documents you would need to submit, which can help increase the chances of you getting approved.

Here at US Green Card Services, our experienced lawyers can help you with determining the relevant documents for your application to streamline the process and increase the chances of you getting approved.

Spouses and unmarried children

As an E2 visa holder, you can bring your spouse and unmarried children under the age of 21 to the U.S. with you. They can apply for an E2 dependent visa, which also allows them to freely live and work in the U.S.

E2 Visa Processing Time

The processing time for an E2 visa can vary depending on the USCIS service center or U.S. Consulate where you submitted your application. Generally, it will take you at least 5 months if you file with the USCIS. However, you can have your application expedited and adjudicated within 15 calendar days once you pay a premium processing fee of $2, 500.

Meanwhile, applications in the U.S. Consulate can take from 2 weeks up to 4 months.

Validity and Extensions of an E2 Visa

The E2 visa is initially valid for 5 years, which you can extend for up to 2 years at a time with the USCIS. There is no limit to the number of times you can file for an extension as long as you maintain the intention to depart once your status expires or is terminated.

E2 Visa Dependents

The E2 visa allows dependents to join the treaty investor in the U.S. Your spouse or unmarried children under the age of 21 can apply at the same time as you. To work, your spouse doesn’t need to obtain an Employment Authorization Document 9EAD), while your children can study in the U.S.

There are a number of requirements associated with Visa issuance that vary by country. These are largely based on international agreements and any visa issuance fees foreign countries choose to charge US applicants. The most significant issue that varies by country is E visa availability, the other is the possibility of a visa issuance fee.

E Visa Availability

The US State Department publishes two tables that give information about E1 Treaty Trader Visa and E2 Treaty Investor Visa reciprocity. For convenience, our E visa immigration lawyers have combined these tables into the chart below.

List of E-1 and E-2 Treaty Countries:

Visa Type:

                                          -All-                             E-1                             E-2                             E-3