E-2 Visa

E-2 TREATY INVESTOR

If you are an investor from a qualifying treaty country then an E-2 visa may allow you to live in the United States for the purpose of owning and running a qualifying business or enterprise. The E-2 treaty investor visa program is similar to the E-B5 program in that it permits entry for those interested in investing in U.S. enterprises. It is, however; distinct in several ways:

  • It only applies to nationals of treaty countries.
  • It does not require any specific investment amount.
  • It is temporary rather than permanent.
  • There is less of a waiting period.

To qualify for an E-2 visa, an investor must have invested or plan to invest a substantial amount of capital in a U.S. enterprise. The investor must also be at least a 50 percent owner of the enterprise or must maintain operational control of it. While there is no specific amount that qualifies as substantial capital, it must constitute a substantial portion of the enterprise’s total capital and be sufficient to ensure the investor’s commitment to the enterprise and create a likelihood of the enterprise’s success. Like E-1 visas, E-2 visas are also available to employees of treaty investors and the immediate families of both investors and their employees.

Requirements

In order to meet the U.S. Department of State’s E-2 visa requirements, the following must be presented to the consular office as part of your application:

  1.  The investor holds funds which are designated to be directed toward a U.S. enterprise involving some degree of business risk;
  2. A business plan indicating that a commodity will be produced or a service will be offered by a bonafide U.S. enterprise, with the goal of producing a profit—the business can not be simply a shell company or involve a passive investment;
  3. These funds must be controlled by and possessed by the applicant—meaning the applicant holds both the legal right to spend the funds and has direct access to the monies to permit him or her to do so;
  4. The investment must be fully committed to the U.S. enterprise;
  5. The investment amount must be “substantial,” typically involving at least $50,000, and a sufficient amount of money which a business expert would determine the business reasonably needs in order to have a chance of profitability (e.g., $100,000 may work for a small café but certainly will not work for an auto manufacturing plant).
  6. The investment must be more than marginal, meaning it must potentially contribute to the U.S. economy beyond merely benefiting the visa holder and her family;

Benefits

  1. The spouse of an E-2 visa holder can obtain status enabling them to work in the USA.
  2. The minor children of an E-2 visa holder can obtain lawful status to reside in the United States.
  3. Investors can qualify either by starting a new business or purchasing an existing business.

Treaty Countries

The following countries have treaties with the U.S. allowing their nationals to petition for an E-2 visa:

  • Albania
  • Argentina
  • Armenia
  • Australia
  • Austria
  • Azerbaijan
  • Bahrain
  • Bangladesh
  • Belgium
  • Bolivia
  • Bosnia
  • Bulgaria
  • Cameroon
  • Canada
  • Chile
  • China and Taiwan
  • Colombia
  • Congo—Brazzaville
  • Congo—Kinshasa
  • Costa Rica
  • Croatia
  • Czech Republic
  • Denmark
  • Ecuador
  • Egypt
  • Estonia

  • Ethiopia
  • Finland
  • France
  • Georgia
  • Germany
  • Grenada
  • Honduras
  • Iran
  • Ireland
  • Italy
  • Jamaica
  • Japan
  • Jordan
  • Kazakhstan
  • Korea
  • Kyrgyzstan
  • South Korea
  • Latvia
  • Liberia
  • Lithuania
  • Luxembourg
  • Macedonia
  • Mexico
  • Moldova
  • Mongolia
  • Morocco

  • Netherlands
  • Norway
  • Oman
  • Pakistan
  • Panama
  • Paraguay
  • Philippines
  • Poland
  • Romania
  • Senegal
  • Singapore
  • Slovak Republic
  • Slovenia
  • Spain
  • Sri Lanka
  • Suriname
  • Sweden
  • Switzerland
  • Thailand
  • Togo
  • Trinidad and Tobago
  • Tunisia
  • Turkey
  • Ukraine
  • United Kingdom
  • Yugoslavia

Fees & Process

The application process for the E visa includes filing a petition with the USCIS or U.S. Consulate. If filed with the USCIS, the application waiting period is generally several months. The USCIS offers an option for premium processing. For a $1,225 fee, the USCIS will process the petition in 15 days. If filed with a U.S. Consulate, it usually takes a few days for the visa to be placed in your passport from the date of the interview.

How We Can Help Obtain Your E-2 Visa

In the right circumstances, the E-2 visa is a great way for a national of a country with which the United States maintains a treaty of commerce and navigation to come to develop and direct the operations of an enterprise in which the national has invested, work in an executive or supervisory role in a company owned by a treaty national, or work as an essential employee in a company owned by a treaty national. Our Attorneys understands the importance of successfully obtaining an E-2 visa and will help you navigate the E-2 visa process. Although the E-2 visa process is relatively simple, all E-2 visas do require a deliberate strategy, careful attention to detail, and strong communication. With these elements in place, the process is often easier and less stressful than many of our clients expect.

We use our vast experience to walk clients through the E-2 visa process step-by-step. We listen to and address your concerns. We help you gather the required information and documentation. And then we carefully prepare all the letters, forms, and supporting material needed to obtain your E-2 visa. We’ll communicate with the United States Embassy or Consulate and/or USCIS throughout the entire process.

Our E-2 visa attorneys experience benefits you in several key areas. We:

  • Clarify options and potential scenarios surrounding your case.
  • Assist you in collecting the proper documentation.
  • Correctly classify the application and ensure requirements are met.
  • Prepare and submit all forms, supporting materials and documentation.
  • Communicate with all relevant parties, including the United States Consulate and/or USCIS, throughout the process.
  • Monitor the entire application process.

E-2 Visa Attorney Experience & Responsiveness that Makes a Difference. Our E-2 Attorney Pledge:

  • 100% commitment to processing your E-2 Visa quickly & successfully.
  • Strong E-2 Visa attorney experience & knowledge.
  • Open E-2 Attorney communication & responsiveness is among our top priority.
  • Highest level of E-2 Visa Attorney service at an affordable FLAT rate.
  • Some E-2 Visa applications can be submitted in as little as 1-2 weeks upto few months.
  • To discuss your case call: (415)-693-9131 or Mail Us.
Something very important you may want to know

Frequently Asked Questions

  1. 1
    How Long is an E-2 Visa Valid for?

    1. E-2 visas can initially be granted for any period but up to five years, during which time the holder may travel freely in and out of the U.S.
    2. E-2 visas are renewable indefinitely, meaning that they can be renewed as long as there is a need to manage and direct the underlying business.

  2. 2
    What kind of visa will my dependents will get?

    The spouse of minor children of an E-2 visa holder can apply for dependent E visa status. With E-2 dependent status the spouse of an E-visa holder may lawfully work in the United States.

  3. 3
    Can I get Green card via E-2 Visa?

    Although there are options and our firm assists clients adjust from E visa status to that of “green card” holder, an E-1 visa or an E-2 visa does NOT directly lead to permanent residency (also called a “green card”). In fact, an E-1 or E-2 visa applicant must have the intent to return to his or her country of origin once the visa expires.

    If your goal is to eventually become a permanent resident of the United States, other options may be more suitable for you, such an L-1 visa, or the EB-5 Immigrant Investor Program.

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