What is an E-2 Visa?
An E-2 visa, also known as the Treaty Investor Visa, offers a path for individuals from treaty countries to live and work in the U.S., provided they make a substantial investment in a U.S. business. To qualify for an E-2 visa, an individual must meet certain criteria, including:
• Nationality: The applicant must be a citizen of a treaty country .
• Investment: The individual must have invested a substantial amount of capital in a U.S. business.
• Ownership: The applicant must own at least 50% of the business or have operational control through a managerial position.
• Substantiality: The investment must be substantial in relation to the total cost of the business.
• Active involvement: The individual must actively develop and direct the business.
One of the notable features of the E-2 visa is that it does not require a specific minimum investment amount. However, the investment must be sufficient to assure the business’s success and viability.
Benefits of an E-2 Visa
In addition to investment opportunities, the benefits of the E-2 visa include:
1. Flexibility: E-2 visas are typically granted for up to five years and can be renewed indefinitely as long as the business remains operational and the investment is maintained. This offers the investor stability and long-term planning.
2. Spouse and children inclusion: The E-2 visa extends benefits to the investor’s spouse and unmarried children under the age of 21. They can also apply for dependent visas, allowing them to live, study, and work in the United States.
3. Employment opportunities for family members: Unlike some other visa categories that restrict employment, E-2 visa holders and their spouse can seek employment opportunities in the United States. This flexibility can be beneficial for accompanying family members.
4. Fast processing: E-2 visas are generally processed swiftly compared to other visa categories. The investor can often obtain a visa within a few weeks or months, allowing for a relatively quick entry into the United States.
5. No language or education requirements: The E-2 visa does not require specific language proficiency or educational qualifications, making it more accessible to a wider range of investors.
6. Freedom to travel: Once an E-2 visa is granted, the investor can travel freely in and out of the United States for the duration of the visa.
7. Path to permanent residency: Although the E-2 visa is a non-immigrant visa, it can potentially serve as a stepping stone towards obtaining a green card (permanent residency) through other visa categories, such as the EB-5 program or employer-sponsored visas.
Eligibility
To be eligible for an E-2 visa:
• You are required to be a citizen of a treaty country.
• You must have made a substantial investment in a U.S.-based enterprise.
• You must own or have at least 50% ownership and controlling interest in the U.S. enterprise.
• A bona fide business
Application Process for an E-2 Visa
Applying for an E-2 visa includes the following steps:
1. Fill out the non-immigrant visa application.
2. Supporting Documentation: Gather documents such as a valid passport, proof of nationality, evidence of the enterprise’s existence and ownership, financial documents to show the source of investment funds, and a comprehensive business plan.
3. Consulate/Embassy Interview: Schedule an interview appointment at a U.S. embassy or consulate in your home country. Be prepared to provide further information about your business and investment plans during the interview. If you are inside the U.S., file a change of status petition with USCIS.
4. Visa Issuance: If approved, your passport will be stamped with the E-2 visa, allowing you to enter the U.S. specifically for business purposes. If you are inside the U.S. and filed for a change of status, you will automatically hold E-2 status once the petition is approved. The processing time for an E-2 visa can vary, but it typically takes between two to four months. However, this can be expedited for a fee.
Frequently Asked Questions
Some frequently asked questions about E-2 visas include:
Can I apply for an E-2 visa if I already have a different visa?
Yes, as long as you meet the eligibility requirements and intend to solely run and manage your investment in the U.S.
Is my spouse able to work on an E-2 visa?
Yes, your spouse can obtain an Employment Authorization Document (EAD) to work in the U.S.
Can my children attend school in the United States while on an E-2 Visa?
Yes, your children can attend primary and secondary school in the U.S. without obtaining a student visa.
Can I change from an E-2 visa to another visa status?
Yes, as long as you meet the requirements for the new visa category.
Can I bring my employees to the US with an E-2 visa?
Yes, as long as they are citizens of your treaty country and will be working in positions that are essential to the business.
• What is the “50 percent rule”?
The “50 percent rule” refers to the requirement that the investor must have control of the business, typically defined as owning at least 50 percent of the business.
It is important to note that each case is evaluated individually, and eligibility for an E-2 visa does not guarantee approval. It is advisable to seek the guidance of an experienced immigration attorney before beginning the application process. With thorough preparation and a strong business plan, an E-2 visa can be a valuable opportunity for foreign investors to establish themselves in the U.S. market and achieve their entrepreneurial goals.
Understand the requirements and benefits of an E-2 visa, how to apply for one, and what steps you should take in order to get approved. Get all your questions answered with our definitive guide to the E-2 visa. Schedule a consultation to find out all the details from experienced immigration lawyers at Direct U.S. Immigration!