A Comprehensive Guide to the E-2 Visa for International Investors

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By Imagility

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Are you planning to start a business in the U.S. or invest in an existing one? If so, the E-2 investor visa could be the perfect way for you to enter the country and make your business move. But what exactly is the E-2 visa, and how can it help you grow your business or invest in the U.S.? This guide will provide you with all the information you need to know about the E-2 visa.

What is the E-2 Visa?

The E-2 visa is a special visa allowing individuals from treaty countries to live and work in the United States under two conditions. First, an individual can qualify as an E-2 investor by investing significant money in a U.S. business or enterprise. 

Second, he can qualify as an E-2 employee if he comes to the U.S. to work as an executive, manager, or essential employee of a company owned by someone from his home country. 

To be eligible for the E-2 visa, the individual’s home country must have a treaty of commerce with the United States. E-2 visa holders can also bring employees from their home country to work for the business. 

Moreover, E2 visa is initially granted for two years but you can renew it infinite times as long as your business has ability to generate revenue and create jobs.

Who is Eligible for the E-2 Visa?

The E-2 visa is designed for investors from treaty countries, but there are specific requirements for those who wish to qualify:

Nationality: You must be a national of a country with which the United States has a qualifying treaty. Many countries, including Canada, Mexico, and the United Kingdom have these treaties. You can check the complete list of treaty countries here

Investment Requirements: To qualify for an E-2 visa, you must make a substantial investment in a new business in the U.S or existing one. The investment should be at least $100,000. 

However, in some cases, lower investments may be acceptable, especially when as an investor you can demonstrate the business’s ability to generate income and create jobs.

Ownership and Control: You must own at least 50% of the business or possess operational control through a managerial position or another operational position.

How to Apply for the E-2 Visa? A Step By Step Process

Having discussed the nature and eligibility requirements of an E2 visa, let’s talk about the E2 visa application process.

Business Requirement Documentation- The most critical aspect of the E-2 Visa application is showing that the business is a real, active, and operational enterprise. You’ll need to submit a comprehensive business plan detailing the nature of the business, the market, the financial projections, and how the investment will create jobs and contribute to the U.S. economy.

Proof of Investment- You’ll need to prove that the funds used for investment are yours and have been fully committed to the business. This includes providing bank statements, transfer records, and contracts to demonstrate the amount invested.

File Your E2 Visa Application-

  • If you’re in the U.S., you can file for a change of status with USCIS using Form I-129.
  • If you’re outside the U.S., you need to apply at a U.S. embassy or consulate in your home country through the visa application process, which includes submitting Form DS-160 (Online Nonimmigrant Visa Application) and DS 156E.

Schedule an Interview: Once you submit and the consular officer reviews your application, you can easily schedule an interview at your local U.S. consulate or embassy. During the interview, be confident and reply to all questions honestly. You must be prepared to discuss your business and investment plans with the interview officer.

Visa Approval or Denial: If your E-2 Visa application is approved, you will receive your E2 visa and be allowed to enter the U.S. If the application is denied, you may be given the opportunity to appeal or reapply with additional documentation.

How Does It Take To Process E2 Visa?

If you are applying within the US, it may take up to 90 days or more, depending on several factors, such as workload, staff availability, the number of applications, and the complexity of your visa application. 

If you are applying outside the country, it may take a few weeks to several months, depending on the caseload. Each processing centre has a different set of timelines for processing your visa application. You can also check the processing time through the USCIS website.

Conclusion

The E-2 investor visa is an excellent opportunity for investors seeking to start or expand a business in the United States. It offers a pathway for long-term stay and the flexibility to manage and operate a business in the US. 

However, it’s crucial to understand the investment requirements, eligibility criteria, and application process to ensure a successful application.

If you’re considering applying for an E-2 visa, it’s highly recommended that you consult with an immigration attorney or immigration expert who can help you navigate the complex US immigration process and provide guidance to secure an E2 visa without any bottlenecks. If you still need some help, you can reach out to us at sales@imagility.co.

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