E-2 Visa: Empowering Entrepreneurs to Expand in the U.S.
The E-2 visa, also known as the Treaty Investor Visa, is a non-immigrant visa designed for entrepreneurs from treaty countries who wish to invest significantly in a U.S. business. This visa offers a pathway for foreign nationals to live and work in the United States, making it an attractive option for international business owners seeking to expand their operations.
What is the E-2 Visa?
The E-2 visa allows investors from treaty countries to enter the U.S. to develop and direct the operations of a business in which they have invested, or are actively in the process of investing, a substantial amount of capital. The E-2 visa is ideal for entrepreneurs, investors, and key employees who play a critical role in the business.
Benefits of the E-2 Visa for International Entrepreneurs
Securing an E-2 visa offers several significant benefits for international entrepreneurs looking to expand their business operations in the United States:
- Business Expansion: Entrepreneurs can establish or expand their business presence in the lucrative U.S. market, gaining access to a broad customer base and new opportunities for growth.
- Direct Management: The E-2 visa allows investors to directly manage and oversee their U.S. business operations, ensuring better control and operational efficiency.
- Family Inclusion: E-2 visa holders can bring their spouse and unmarried children under 21 years old. Spouses can also apply for work authorization, providing additional financial stability.
- Renewable Visa: The E-2 visa is initially granted for up to two years but can be renewed indefinitely, as long as the investment enterprise continues to operate and meet visa conditions.
Eligibility Requirements for the E-2 Visa
To qualify for an E-2 visa, applicants must meet several criteria:
- Nationality: The investor must be a national of a country with which the United States maintains a treaty of commerce and navigation.
- Investment: The investor must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise.
- Business Control: The investor must be coming to the United States to develop and direct the enterprise. This typically means owning at least 50% of the business or having operational control through a managerial position or other corporate devices.
- Real and Operating Enterprise: The business must be a real and active commercial or entrepreneurial undertaking, producing goods or services for profit.
- Substantial Investment: The investment must be substantial in relation to the total cost of the enterprise, sufficient to ensure the investor’s commitment to the successful operation of the enterprise.
- Marginal Enterprise: The enterprise must not be marginal. It should have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family.
For all E-1 and E-2 filings received on or after Dec. 23, 2022, to ensure compliance with the amended regulations, USCIS may request additional documentation showing how the applicant became a national of a treaty country. In addition, for individuals who obtained treaty country nationality through a financial investment, USCIS may require additional documentation to show that the applicant domiciled in the treaty country for a continuous period of at least 3 years at any point before applying for E-1 or E-2 classification.
What does substantial amount of capital mean
- Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
- Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
- Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
Length of Stay
The maximum initial stay on an E-2 visa is two years. Extensions may be requested in increments of two years for an unlimited period of time so long as the E-2 holder always intends to depart the U.S. when their status is terminated. Principal E-2 holders who travel abroad may be granted an automatic two-year period of readmission when returning to the United States.
What We Do
- Provide assistance in the preparation of E-2 application and evidence required, including determining what a substantial investment is in each particular case and whether the business is a qualifying investment
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide guidance in maintaining the E-2 status
- Provide assistance to E-2 holders within the United States that wish to extend their visa, apply for a Change of Status or Adjustment of Status
Why work with us
Our immigration law firm specializes in helping international entrepreneurs navigate the visa application process. Here’s why you should choose us:
- Expert Guidance: Our experienced attorneys provide tailored advice to ensure your application is thorough and meets all USCIS requirements.
- Comprehensive Support: We assist with every step, from gathering documentation to preparing for the visa interview.
- Personalized Service: We offer personalized strategies to meet your specific business needs and increase your chances of success.
Unlock the potential of the U.S. market with an E-2 visa. Contact us today to schedule a consultation and take the first step toward expanding your business operations in the United States. Let our expert team guide you through the process and help you achieve your entrepreneurial goals.
How to apply for an E-2 Visa
Step 1 | Determine Eligibility: Before applying, ensure you meet the basic eligibility criteria for the E-2 visa. |
Step 2 | Gather Necessary Documentation Prepare the required documents, including:
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Step 3 | Complete Form DS-160: Fill out the Online Nonimmigrant Visa Application (Form DS-160) on the Consular Electronic Application Center (CEAC) website and print the confirmation page with the barcode. |
Step 4 | Pay the Application Fee: Pay the non-refundable visa application fee and keep the receipt. |
Step 5 | Schedule and Prepare for the Visa Interview: Schedule an appointment for a visa interview at the U.S. embassy or consulate in your treaty country and prepare the necessary documents for the interview. |
Step 6 | Attend the Visa Interview: Attend the visa interview with all supporting documentation. Be prepared to discuss your business, investment, and role in detail. |
Step 7 | Await Visa Approval: After the interview, your application will be processed. If approved, your passport will be stamped with the E-2 visa. |
Frequently Asked Questions
E2
- What constitutes a "substantial amount of capital"?
A substantial amount of capital is a significant investment in the context of the total cost of either purchasing an established enterprise or establishing a new one. It must be sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and must be at risk in the commercial sense.
- What is a "bona fide enterprise"?
A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking that produces services or goods for profit. It must meet legal requirements for doing business within its jurisdiction.
- Can my family accompany me on an E-2 Visa?
Yes, your spouse and unmarried children under 21 years old can accompany you on E-2 dependent visas. They may apply for E-2 dependent visas and, if approved, can live in the U.S. while you are on E-2 status.
- Can my spouse work in the U.S. on an E-2 Visa?
Yes, your spouse may apply for employment authorization by filing Form I-765, “Application for Employment Authorization.” If approved, they can work in the U.S.
- How long can I stay in the U.S. on an E-2 Visa?
E-2 visa holders are typically granted a stay of up to two years. Extensions of stay may be granted in increments of up to two years each, with no maximum number of extensions, as long as the E-2 status conditions are met.
- Can I travel outside the U.S. while on an E-2 Visa?
Yes, you can travel outside the U.S. and return as long as your E-2 Visa remains valid and you continue to meet the requirements of the E-2 status.
- What should I do if my E-2 Visa application is denied?
If your E-2 Visa application is denied, you will receive a notice explaining the reason for the denial. You may address the issue and reapply or consult with an immigration attorney for further guidance.
- Can I change my status from an E-2 Visa to another visa type?
Yes, you may apply to change your status from an E-2 Visa to another visa type if you meet the eligibility requirements for the new visa category. You will need to file a change of status application with USCIS.
- What happens if my E-2 status expires while I am in the U.S.?
If your E-2 status expires while you are in the U.S., you must either apply for an extension of stay, change to another nonimmigrant status, or depart the U.S. Staying beyond your authorized period of stay can result in being out of status, which may affect future immigration benefits.
For more detailed information, please visit the USCIS E-Visas page.
Related Links
USCIS dedicated page for E-2 Treaty Traders
List of Countries eligible for the E Visa
US Department of State dedicated Treaty Trader Page
