E-2 Visa: The Investment Visa
As a leading law firm specializing in immigration law in the United States, our team of expert attorneys is well-equipped to assist immigrants seeking an investment visa, specifically the E-2 visa.
The E-2 visa is a popular option for foreign investors who wish to establish or purchase a business in the U.S. and reside in the country to oversee their investment. Our comprehensive legal services ensure that our clients navigate the complex immigration process with ease and achieve their investment goals in the United States.
The U.S. maintains treaties of commerce and navigation. The Department of State maintains a list of current countries with which the U.S. maintains a treaty of commerce and navigation. This investor visa allows nationals from these treaty countries to establish an E-2 nonimmigrant classification if they meet certain criteria.
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Are You Eligible For An E-2 Visa?
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Overview of Our Legal Services for E-2 Investment Visas
Expert Guidance on E-2 Visa Eligibility
Our experienced attorneys thoroughly assess our clients’ qualifications to determine their eligibility for the E-2 visa.
We review their investment plans, financial documents, and business proposals to ensure they meet the requirements set forth by U.S. immigration law.
Business Entity Formation
We assist our clients in establishing the appropriate business entity, such as a corporation or LLC, to comply with U.S. business laws and regulations.
Our legal team guides clients through the process of registering their business and obtaining the necessary licenses and permits.
Investment Plan Development
We work closely with our clients to develop a comprehensive investment plan that meets the U.S. immigration requirements for the E-2 visa. This includes creating a detailed business plan, financial projections, and investment strategies that demonstrate the viability of the business venture to immigration authorities.
Document Preparation and Review
Our skilled immigration attorneys assist clients in preparing and reviewing all the necessary legal documents for their E-2 visa application, including forms, supporting financial and business documents, and other required paperwork. We ensure that all documents are accurate, complete, and in compliance with U.S. immigration laws.
Strategic E-2 Visa Guidance and Full Legal Representation
Our legal team provides strategic guidance and representation throughout the entire E-2 visa application process. Our working relationship with U.S. Citizenship and Immigration Services (USCIS) on behalf of our clients allows us to respond to any requests for additional evidence and represent clients in any legal proceedings, if necessary.
Always Work With an Experienced Immigration Attorney
E-2 Visa Requirements
To meet the requirements for an E-2 visa petition approval, the following requirements must be met:
- Treaty Eligibility – The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States. The full list of eligible countries can be found on the U.S. Department of State.
- Investment -The applicant must have invested or be actively in the process of investing a substantial amount of capital in a U.S. business. The investment must be sufficient to ensure the successful operation of the enterprise.
- Ownership – The applicant must own at least 50% of the U.S. business or have operational control through a managerial position or other corporate device.
- Purpose of Travel – The applicant must be coming to the United States to develop and direct the U.S. business.
- Essentiality – The applicant must demonstrate that his or her skills and business experience are essential to the U.S. enterprise.
- Marginality – The U.S. enterprise must not be solely for the purpose of earning a living for the applicant and his or her family.
The initial period of stay on an E-2 visa varies depending on your country of origin. To qualify for an E-2 visa, the investor must intend to depart after their duties in the U.S. are complete. Keep in mind though, your E-2 visa may be renewed indefinitely, as long as you continue to meet the eligibility criteria and the U.S. enterprise continues to operate successfully. There is no limit to the number of extensions someone with E-2 nonimmigrant status may receive.
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Frequently Asked Questions About Investment Visas
Which countries are eligible for the E-2 visa?
The list of eligible countries can be found on the website of the U.S. Department of State. Currently, there are over 80 countries that have treaties of commerce and navigation with the United States.
What is the minimum investment required for an E-2 visa?
There is no set minimum investment amount required for an E-2 visa, but the investment must be substantial and sufficient to ensure the successful operation of the U.S. enterprise.
How long can I stay in the U.S. on an E-2 visa?
The initial period of stay on an E-2 visa is typically two years, but it can vary depending on the consular officer’s discretion and your country of origin. The visa may be renewed indefinitely, as long as the eligibility criteria continue to be met.
Can I bring my family with me if my E-2 visa petition is approved?
Yes! Treaty investors have the option to submit applications for their children who are under 21 years of age and their spouses. Their E-2 dependent visas would be through your visa. If they are approved, they will likely be granted the same length of stay as you are.
If I bring my spouse with me through my E-2 visa, can they get a job?
Yes. An approved spouse of an E-2 visa holder is usually granted work authorization and is allowed to apply for a Social Security Number. Even though you, as the primary E-2 visa holder, are only allowed to work at your E-2 company, your dependent spouse can work at any lawful company in the United States.
Is the E-2 visa an immigrant visa?
No. The E-2 visa is not an immigrant visa. This investor visa will not allow you to stay permanently in the U.S. like an immigrant visa might allow. Investors interested in an immigrant visa should ask their attorney about an immigrant entrepreneur visa. While in the country on an E-2 visa, you may be able to apply for other types of immigrant visas, but it’s imperative that you consult with a skilled immigration attorney right away if you are considering it.
Remember, your E-2 nonimmigrant status hinges on your intent to stay in the U.S. only for your work. To qualify for an E-2 visa, you must intend to leave as soon as you are done. So, attempting to get an immigrant visa while on an E-2 visa can cause significant complications. If your intent has changed, your attorney can explain the best course of action for you to take.
What happens if my E-2 visa is denied?
If your E-2 visa application is denied, you may be able to appeal the decision or reapply with additional evidence or documentation. However, it is recommended to consult with an experienced immigration attorney to assess your options.
What types of travel restrictions does an E-2 treaty investor have?
There aren’t travel restrictions associated with an E-2 visa.
What types of investments usually don’t satisfy E-2 visa criteria?
You must actually invest in an active business in which your investment could be lost. Owning undeveloped land isn’t enough. Merely having a bank account loaded with uncommitted funds won’t satisfy the E-2 visa criteria either. Protected investments with no risk of loss don’t qualify. Investments in which you have no actual involvement also don’t count. You must have a key role in running the business.
How long does an E-2 visa take to get?
Timelines for visas always vary. Whether you apply abroad and submit your petition to a consulate or are applying to change your status to an E-2 nonimmigrant from with the country through USCIS, the E-2 petition approval can take months. Each consulate can have different processing time estimates.
Sometimes, an E-2 visa decision can come in only a matter of weeks. Most people who apply from within the United States can see a faster decision than those applying from outside the United States. USCIS’s Premium Processing service can also cut down on the wait time.
Can I get a green card through marriage if I have an E-2 visa?
It’s so important to remember that your E-2 nonimmigrant status hinges on your plan to come to the U.S. to work and then leave as soon as you are done. So, getting married and attempting to get a family-based immigrant visa while on an E-2 visa can cause significant complications, though is not impossible. It’s best to speak to an immigration attorney about your specific situation.
Always Work With an Experienced Immigration Attorney
Whether you are seeking an E-2 investors visa or any other immigration benefit in the United States, it’s critical to make sure you are represented by an experienced immigration attorney. At Jorge Munoz law Firm, we can help you successfully navigate the complicated U.S. immigration system. Request a consultation with our team to get started on your E-2 visa today.