Investor Visa

E-2
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Overview

What is E-2 Visa?

The E-2 Treaty Investor Visa falls within the category of U.S. visas accessible to individuals from 30+ countries with trade treaties with the United States.

Individuals with substantial investment capital have the opportunity to arrive in the U.S. using an E-2 visa for establishing a business, profession, or office.

While the E-2 visa doesn’t grant permanent residency (Green Card), one notable benefit is the option to continuously renew the E-2 visa, contingent on the continued viability of the associated business.

Am I Eligible?
Eligibility

Am I Eligible for a E-2 Visa?

– Entrepreneurs from treaty countries who make significant investments in a U.S. business.

– Citizens of treaty countries arriving in the U.S. to develop and direct investments from the treaty country. 

– Immediate family members of E-2 visa beneficiaries. 

– Businesses in treaty nations sending essential staff members to oversee the U.S. affiliate or branch.

– Enterprises in treaty countries dispatching personnel to establish a U.S. corporation. 

 

Investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.  See 8 CFR 214.2(e)(12) for more information.

What is required?
Requirements

What are the requirements for a E-2 Visa?

To qualify for the E-2 treaty investor visa, you must fulfill the following requirements:

– You Must Be A National of A Treaty Country: You must be a national of a country that maintains treaties of navigation and commerce with the U.S. for E-2 visa purposes.

– Your Investment Must Be Substantial: It must be individuals with substantial investment capital (the word capital does not mean only cash. Instead, the broad definition of capital takes into account the many different ways in which a person can make a contribution of financial value to a business)  sufficient enough to ensure the successful operation of the enterprise. The percentage in investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise.

– Your Investment Must Be In A Real Operating Commercial Enterprise: Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.

– Your Investment May Not Be Marginal: The investment must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the U.S.

– You Must Have Control of Funds And Bear The Risk of Investment: You must have control of the funds, (this is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device) and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise only are not considered to be at risk.

As a general guide, we recommend the E-2 route to people with a minimum of $100,000 – $200,000 USD to invest. In exceptional cases, USCIS will consider applications with amounts as low as $70,000 USD.

Investors can borrow money for the E-2 visa, but cannot secure the loan with the companies’ assets, or USCIS will determine that the lender is the actual investor.

A key component to securing an E-2 visa is a business plan complying with the Matter of Ho lawsuit.

How long is the process?
Duration

How long does it take to get a E-2 Visa?

The processing timeline for E-2 visas can vary, spanning from two weeks to approximately 5 months. When submitting an E-2 petition, it’s crucial to factor in the visa processing duration, especially considering the strategic planning needed for your business endeavor and if your family members intend to apply as E-2 dependents.

Keeping in mind several factors influence the processing period, some under the applicant’s control while others aren’t. The workload at the consulate and the influx of applications are pivotal determinants in how long the evaluation of your application will take.  Nonetheless, applicants can adopt measures to mitigate potential issues o delays that might affect the processing speed.  

How long is it valid?
Validity

How long will my E-2 Visa be valid?

E-2 visa, initially, is issued for a five-year period. You can obtain E-2 status extensions for up to two years at a time from the U.S. Citizenship and Immigration Services (USCIS). Since there is no limit on the number of extensions you may obtain, you can stay in the U.S. indefinitely.

How much does it cost?
Costs/Fees

What are the costs/fees in applying for a E-2 Visa?

As we’ve indicated previously, for all I-129 petitions, the basic filing fee is $460. This cost is to be paid each time the petition is filed, even if it is for an extension or an amendment; You’ll pay a $315 fee for your DS-160 visa application if you are outside the US and need to make an application through an embassy;  Biometric services cost $85; Additional costs might be incurred depending on your situation.

**Consultation fee will be separate**

For pricing please Contact Us

How can I get started?
Process

How can I apply and what is the process?

Essentially, the E-2 visa application unfolds in two stages. The initial stage involves completing the application form, assembling your petition, and gathering all the requisite supporting documents. The duration for this phase can range from a few weeks to several months, contingent on your individual circumstances, eligibility, and the speed at which you can compile the necessary documentation.

The second stage encompasses the processing and adjudication of your petition by U.S. authorities. The processing duration for your E-2 visa hinges on your application location and whether you are eligible for expedited premium service.

If you are maintaining lawful presence in the United States, you have the option to directly submit an application to the United States Citizenship and Immigration Services (USCIS) through Form I-129, which is the Petition for a Nonimmigrant Worker. In addition to the form, you will also be required to furnish your investment plan. Typically, the application procedure entails a timeframe of approximately five months. However, the duration could be shorter or longer based on your specific circumstances.

For individual investors, the responsibility of submitting the petition rests with the investor. In the case of being associated with a company, your employer will be tasked with completing Form I-129 on your behalf. Following the conclusion of the application process, USCIS will either grant approval or deny the application. If your application attains approval, you will receive a Form I-797, commonly known as the Approval Notice.

The submission of Form I-129 necessitates a fee of $460. Additionally, it’s important to be aware that an expedited premium service is accessible at an additional cost of $2,500. By opting for this service, your petition will undergo processing within a span of 15 calendar days. It’s important to note, however, that utilizing this expedited service does not influence the likelihood of approval; its sole purpose is to accelerate the processing timeframe.

This is the most common method of applying for an E-2 Visa and it’s done through the US consulates abroad. Once you submit your application, it will undergo a thorough assessment, after which an interview will be scheduled. Upon receiving approval for your visa, you can anticipate obtaining your E-2 visa within approximately one week. It’s important to note that the overall duration of this procedure can vary based on the specific consulate. While it may take around two weeks for certain consulates, others might necessitate up to four weeks.

Please find below the application steps in detail.

– File the Form DS-160

– Pay the application fee

– Schedule your interview

– Prepare your application package

– Show up at the interview

Click here to apply
FAQs

  • What is a 'substantial investment'?
    The Regulations do not establish a specific amount for determining what constitutes a substantial investment. In many cases, an investment of at least $200,000 is generally considered substantial. Nonetheless, this amount is not fixed, and a considerably smaller investment could also qualify, contingent upon the nature of the business. While an investment around $200,000 is typically deemed appropriate, it's important to recognize that this isn't an absolute requirement. Disclaimer 1: The figures provided here are not enshrined within USCIS regulations; rather, they draw from our accumulated experience in managing such cases over the course of several years. Disclaimer 2: Should the investment reach or exceed $500,000, you have the potential to seek permanent immigration status through a petition, subject to meeting the stipulated criteria.
  • What benefits do I receive with an E-2 visa?
    On E-2 visa, you may: Work legally in the company that is the investment vehicle in the U.S. Travel freely in and out of the U.S. Stay on a prolonged basis with unlimited two year extensions as long as you maintain E-2 qualifications Bring your dependents or accompanying relatives and your spouse may also work while in the U.S.
  • Are there any travel restrictions on E-2 investor visas?
    No, there are no travel restrictions on E-2 visa. You may travel as many number of times as required before the expiry of your E-2 status. The USCIS also does not impose any time limit on your stay abroad.
  • Can I study on E-2 visa?
    Yes, you may study on E-2 visa, however, you may not join a full length program like an F-1. You may take up a few credits at a university when they do not harm the primary interest of the visa.
  • Can I bring my dependents on E-2 visa?
    Yes, you may bring your spouse and unmarried children under the age 21 years to stay along with you. They may stay in the U.S. as long as you maintain a valid E-2 status. You may also bring a domestic or personal servant on nonimmigrant status, provided you can show that: He or she is not abandoning their residence abroad He or she has worked for you for at least one year, or has had an ongoing employment relationship with you and has at least one year of experience as a servant
  • Can my dependents work on E-2 visa?
    Yes, your spouse may seek employment by applying for Employment Authorization using Form I-765, Application for Employment Authorization. However, your children are not allowed to work in the U.S.
  • Can my dependents study on dependent E-2 status?
    Yes, your dependents may attend U.S. schools, colleges and universities, and do not have to apply for separate student visa such as an F-1 visa.
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