As you know, the E-2 Visa, or the Treaty Investor Visa, is a non-immigrant visa for investors and investment companies from a treaty country. This visa allows investors to live and work in the United States to develop their businesses.
To be eligible, you must intend to invest substantial funds in a bona fide U.S. business. In this case, a bona fide business refers to a real, active commercial or entrepreneurial undertaking that produces services or goods for profit.
Executive, managerial, and employees with specialized knowledge that are essential to the operation of your business are allowed on this visa, provided they are of the same nationality as the treaty investor.
Those who receive E-2 investor visas can work only within their approved enterprise. If you have significant financial assets that you wish to invest in a U.S. business, this may be the best option for you to enter the country.
What is a treaty country?
Those who are looking to apply for an E-2 visa must be from one of the many treaty countries with which the United States maintains a treaty of commerce and navigation or any other qualifying international agreement.
E-2 Visa requirements
To be eligible for the E-2 Treaty Investor Visa, visa applicants must meet the following requirements:
• If you are an individual investor, you must be national from a treaty country.
• You have either invested or are currently investing substantial capital in a bona fide enterprise in the United States.
• You are looking to enter the United States to develop and direct your investment enterprise.
• You must demonstrate that you intend to enter the United States solely to develop and direct the investment enterprise. This is estbalished by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or another corporate device.
What is the definition of “investment”?
The primary requirement for the E-2 Visa is to invest a substantial amount of money in a U.S. business. This business must be in an actual operating enterprise. Neither a speculative nor idle investment, such as an investment in stocks, uncommitted funds in a bank account or a similar security, qualify as an investment.
To legally qualify as an “investment,” your funds must not have been generated through illegal means. You must have complete control of the funds and understand that they are at risk commercially.
What is the definition of substantial?
A substantial amount of capital is:
• 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.
This evidence must show that the enterprise is real, active, and operating which produces services or goods for profit.
How to apply for an E-2 Visa
If you are applying at the U.S. embassy or consulate, the first step of your E-2 Visa application is to submit a DS-160 Form (Nonimmigrant Visa Form). If you are traveling with your employees or colleagues, each applicant needs to file a separate DS-160F. Overall, the E-2 Visa application steps are as follows:
1. File the Form DS-160 (Nonimmigrant Visa Application)
2. Pay the application fee
3. Prepare a portfolio of evidence that supports your visa application
4. Schedule and attend the visa interview
DS-160 (Nonimmigrant Visa Application) is an online form that will ask you questions regarding your background and purpose for entering the United States. After you have completed this form, you will be shown a confirmation page and number at the end. You must print out this page and save it for later use, and it will need to be submitted in your portfolio of evidence.
It should be noted that each U.S. Embassy or Consulate may have additional application requirements. For example, in some cases, you may be asked to fill out the Nonimmigrant Treaty Trader (also known as Treaty Investor Application).
If you are applying while in the Unites States, you must file Form I-129 with all applicable addendums, fees, and evidence for the E-2 visa.
In both instances, you will be required to evidence of your intent to return to your country of origin at the end of your authorized stay.
What is the difference between E-1 and E-2 Visas?
E-1 and E-2 are intended to welcome foreign traders or investors in the U.S. However, only nationals from some distinct eligible countries can benefit from these permits.
The E-1 Visa is open to “substantial” traders who can offer benefits to both their local and U.S. organizations. On the other hand, E-2 applicants must have access to a “committed and irrevocable” amount of money. This substantial amount of money must cover any potential trade transaction and any business-related risk.
What is the processing time for an E-2 Visa?
The average USCIS E-2 Visa processing time is several months.
If you are looking for a speedier method, you can pay for a premium processing service, which will allow you to receive your response within 15 calendar days. To apply for the premium processing time, you must submit an I-907 form and pay an additional fee of $2,500.
How long is the Treaty Investor Visa valid?
Eligible treaty investors and their employees are generally allowed an initial stay of two years, though there are exceptions. Before your visa expires, you can submit your request for an extension of stay.
As a general rule, you and your employees can stay in the U.S. as long as you intend to return to your home country when your immigration status expires or is terminated.
If you wish to travel abroad while holding an E2 Visa, you may do so, as long as you have a valid visa stamp to re-enter.
Bonus Information
As promised, here’s some bonus information that you may not know about:
How can I get an E-2 Visa renewal?
An E-2 Visa holder is initially admitted in the country for up to two years. Since each of the E-2 Treaty countries has different agreements with the United States, visa validity may vary.
Your permit can be extended indefinitely if your business rationale is still relevant. Every E-2 Visa renewal generally grants two more years in the country.
It is advisable to request your visa extension before your I-94 card expires. However, while you wait for your E-2 Visa renewal approval, you may be granted an additional amount of stay in the U.S.
Last but not least, be sure to check the caption below this video. We’ve got questionnaires for different types of visas so that we can help you determine which visa is most appropriate for you. And if you’re traveling soon, we also have a list of some of my travel favorites.
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