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The E2 visa is a type of non-immigration visa that allows you to come to the USA and engage in certain business-related activities. It is also known as the Treaty Investor Visa.
You can apply for this visa as a foreign national as long as your country of nationality has a treaty of commerce and navigation with the United States of America. With this visa type, you can invest in and run a business in the US.
Apart from being a national of an eligible country, you must also show the ability and readiness to invest a considerable sum in a business located in the US.
You can also bring your dependents, other employees you might need to run the business, as well as the dependents for these employees. To do so, you must first demonstrate that the business you intend to run can generate sufficient income to sustain the business operations, yourself, and all the employees and their dependents.
It is best to consult a reputable immigration law firm to see if the E-2 visa category is your best option. This type of visa is particularly suitable if you want to invest in and run a business in the US over an extended period.
Who Qualifies for an E-2 Treaty Investor Visa?
Several visa requirements must be met for you to be eligible for the E-2 treaty investor visa. Here is a look at these.
E-2 Visa Requirements:
You can apply for the E-2 visa as an eligible Treaty Investor or as an employee of an eligible Treaty Investor.
When applying as a Treaty Investor, here are the requirements you must fulfill:
If you are applying for the E-2 visa as an employee of a Treaty Investor, here are the requirements you must meet:
What is a Bona Fide Enterprise for an E-2 Visa?
The E-2 visa requirements include that you must have invested or initiated investment in a bonafide business based in the US. It’s important to understand exactly what constitutes a bonafide enterprise.
A bona fide business must meet all the legal requirements for the jurisdiction where it is located.
It must be a real, active, and operational business.
It must offer actual products or services, and generate profit from these.
It can be a commercial or entrepreneurial business.
Any business that meets these requirements will be deemed a bona fide business under E-2 visa requirements.
How Much Investment is Required for an E-2 Visa?
There is no set requirement when it comes to the amount of capital you should invest in a US business to be eligible for the E-2 visa.
The visa requirements simply state that you must invest a ‘substantial amount of capital.’ The actual amount might vary depending on your application, your nationality, the bona fide enterprise you intend to run in the US, and several other factors.
In general, the amount of money you invest should be sufficient to purchase an operational business or establish a new one in the US. It must also demonstrate that you are serious about establishing the business and running it for a profit in the long run.
The amount you invest should also be sufficient to generate enough profit for you, your dependents, your employees, their dependents, and the overall business operations.
You have a higher probability of getting an E-2 visa if you can show that the amount you intend to invest is already committed in some form to the business you intend to run in the US. If you can show that your business will help generate jobs for US workers over time, this might also help improve your odds of getting the visa.
How to Qualify as an Investor with Executive Duties or Special Qualifications?
As noted above, you must apply for the E-2 visa as a Treaty Investor, or as the employee of a Treaty Investor. If you apply as an employee, you must show that you intend to run a business in the US in a senior executive or supervisory role. If that’s not the case, you must demonstrate that you have special qualifications that make you critically important to run the business.
To demonstrate that you will undertake supervisory or executive duties for a US business, you must show that:
– You will have complete control of business operations, or total control over a major portion of the business operations
– You will bear the ultimate responsibility for the US business operations
– You have experience in the executive or supervisory duties that you intend to undertake
– Your resume aligns with the job description for your intended role
– You carry a supporting letter from your Treaty Inventory employer
If you are applying for an E-2 visa as someone who has special qualifications for the intended US business, the following factors will be considered in reviewing your visa application:
– How much of an expert you are for your qualifications and skills?
– How many other people can offer the same qualifications and skills?
– Whether or not these qualifications and skills are readily available in the US?
– What are the salary and other remunerations you will be offered for your intended role?
How to Apply for an E-2 Visa?
Here is a look at the exact visa application process for the E-2 visa:
Supporting Documents for E-2 Visa Application
In addition to the standard visa application documents noted above, you may also be required to provide other supporting documents before, during, or after your visa interview.
These documents might include:
Depending on your application, you may be asked to provide other supporting documents as well. It is best to consult a reputable immigration law firm to see if you have all the documents ready and available for the visa application process.
Processing Time for E-2 Visa Application
Your E-2 visa application is typically processed within 2 to 4 weeks. You have the option of speeding up the process by using the premium processing service. The service costs $2,805 and requires you to submit Form I-907 alongside your visa application. With premium processing, you will get a decision on your visa application within 15 calendar days.
Please note that the standard processing duration of 2 to 4 weeks may be extended for another two weeks if you are also seeking an E-2 visa for other employees of your business.
You can consult our immigration attorneys to see if the premium processing service is a good option for you, or if you should simply submit a standard visa application.
What is the Duration of E2 Visa?
The E-2 visa remains valid for two – five years. Even after this period, you can apply to have your visa extended. You can continue to see extensions for your E-2 visa as many times as you need, so long as you continue to meet the eligibility requirements.
This applies to both E-2 investors and their employers working in the US under an E-2 visa.
You can also travel abroad from the US on the E-2 visa with readmission rights as long as you re-enter the US within two years. You don’t need to file a separate visa application when returning during this period.
How Can Our E-2 Visa Immigration Attorneys Help You?
Our immigration attorneys have extensive experience in helping E-2 visa applicants. We work with you to ensure you meet all the eligibility requirements and have the necessary documents to apply for the visa. Our immigration law firm also guides and helps you with any hurdles you might face during the visa application process.
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