Whether you are investing in a U.S. business or are an entrepreneur starting a new company in the U.S., you will want to better understand the E2 visa. The United States Citizenship and Immigration Services (USCIS) offers many different visa options, including the E2. The E2 visa is a specialized temporary visa path for U.S. business owners from certain countries. The E2 visa makes it easier to stay in the U.S. while you oversee your business. An experienced immigration attorney will guide you through the process.
What is the E2 Visa?
The E2 visa is also called the treaty investor visa. The E2 visa is a temporary visa for entrepreneurs and investors who wish to operate a business in the United States. The E2 is a non-immigrant visa meant for those who want to open a business in the U.S. or invest in an established U.S. company. The E2 visa is available only to those who are from countries that have an E2 treaty with the U. S. It is a temporary visa that allows for an investor to oversee operations in the United States. You must meet the criteria to apply for an E2 visa.
Benefits of the E2 Visa
In addition to allowing you to start and operate a business in the United States, there are some important benefits of an E2 visa. With an E2 visa, your spouse and children under the age of 21 qualify for E2 visas. Your spouse may live and work in the U.S. with authorization, and your children may go to school here. There are no set minimum investments to obtain an E2 visa. You may extend an E2 visa multiple times. You don’t have to maintain a foreign residence as you do with some other types of non-immigrant visas.
Requirements for the E2 Visa
The E2 visa has some specific requirements you must meet. These requirements include:
- Must be a national from a country with an E2 treaty with the U.S.
- Must make a substantial investment in a U.S. company
- Your investment must be irrevocable
- The business must be active and for-profit
- The business cannot be classified as a marginal enterprise
- You must have the intention to depart the U.S. once your E2 status is over
You may either make an individual investment or the investment may be made from your foreign-based business. The source of funds for the investment must be lawful. You must be a national from a foreign country with an E2 treaty with the U.S. If you have dual citizenship you may still apply for an E2 visa under some circumstances.
It is important to note that the Immigration and Nationality Act (INA) was amended in 2022. The E2 visa is intended for nationals of a country that maintains a current treaty of commerce and navigation with the U.S. The requirement states that the applicant must have resided in their country for a period of not less than 3 years prior to application for a visa. The USCIS may request specific documentation to prove that you meet the criteria for an E2 visa.
What is a Substantial Investment?
The requirements for obtaining an E2 visa state that you must make a substantial investment. The USCIS reviews each petition to determine whether this criterion has been adequately met. Unlike the EB5 visa, there is no set investment amount and no minimum dollar amount listed. Many investors wonder whether they will properly make a substantial investment. While many people think that the minimum investment is $1 million, that is not necessarily true.
The amount of the investment varies based on the industry or type of business. The USCIS uses a proportionality test to determine the appropriate substantial investment amount on a case by case basis. The test compares the amount of the investment to the total value of the business. It is helpful to discuss the details of the requirements with a knowledgeable immigration attorney.
E2 Visa Process
The E2 process involves several steps. Before you apply for an E2 visa you will need to gather the documentation necessary. You need to be sure you have all the paperwork in order before you submit your petition. If you fail to submit the necessary documents, your application could be held up or denied. Once you have your paperwork together, it is best to have your immigration attorney review everything prior to submission. Once ready, you will submit your application either for consular processing or to the USCIS in the case of a change of status.
Change of Status or Consular Processing – Which One Do I Need?
If you are submitting an application for an E2 visa for the first time and reside in your home country, you will submit the E2 application to your consulate for processing. The length of time it takes your home country to process the application varies, but it is generally up to several months. If you are already living in the U.S. on a visa, you will need to submit a request for a change of status to the E2 visa. You make this request by submitting your application to the USCIS.
The processing time for E2 visas through the USCIS can take up to eight months, depending on how busy they are. There is an option to request an expedited delivery for an additional fee. Be aware that the expedition requires the USCIS to issue a response within 15 days. However, they are only required to respond, and if additional evidence is required, the process will be delayed. That is why it is critical for you to provide the proper evidence at the time you submit your application.
Tips for Those Seeking an E2 Visa
There are a few things to keep in mind as you prepare your application for an E2 visa. The length of time you may remain in the U.S. depends on your specific visa. You may apply for an extension. If you no longer meet the criteria for your visa, you may no longer remain in the country, so you will need to keep a continual watch on your status. It is important to know that the E2 visa is for temporary non-immigrant status and does not lead to a green card. However, you can apply for an immigrant visa while you have an E2 visa.
Guidance From an Experienced Immigration Attorney
The E2 visa offers a viable option for foreign investors and entrepreneurs. Although it is not a pathway to permanent residency, it offers you and your family the ability to live, work, and go to school in the United States while you have a significant investment in a U.S. company. The process to obtain an E2 visa can be complex and the laws may change from time to time. It is beneficial to seek guidance from a qualified immigration attorney to assist you through the process from start to finish.
To learn more about the E2 visa, or any other types of visas, please reach out to our legal team at Ibrahim Law Global at (708) 584-3043 to schedule a consultation.
