E2 visa holders are however limited to working only for their company. The E2 visa also allows holders to travel in and out of the US without restriction provided their visa remains valid and that entry into the US is on the basis of E-2 related activity.
Can an E-2 visa holder return to the US?
An E-2 nonimmigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States.
What is the expiration date of an E-2 visa?
The holder of an E-2 visa can stay in the United States as long as they run the company listed on their application. Unlike most visas, the E-2 visa has no true expiration date. The holder doesn't have to keep a home in a foreign country, either.
How many times can I extend my E-2 visa?
There is no limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
How to apply for an E-2 nonimmigrant visa abroad?
Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 nonimmigrant visa abroad. Upon issuance of a visa, the person may seek admission at a United States port of entry as an E-2 nonimmigrant.
Can I travel with an E2 visa?
Are there any travel restrictions on an E-2 investor visa? 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 visa. USCIS also does not impose any limit on time you spend abroad.
How long can I stay out of the US with an E2 visa?
One of the fortunate things about the E2 visa are that there aren't any travel restrictions imposed (i.e., number of times you are permitted to leave and re-enter). USCIS also doesn't specify the amount of time you can stay abroad before having to return.
What can you do with an E2 visa?
The E2 Treaty Investor visa allows the investor to live and work in the US to direct and develop the business, and allows entry of Executive, Management and Essential skills employees. In larger businesses management and executive level employees may be sent to the US instead of the owners of the business.
Can I visit Canada with US E2 visa?
Yes – all E-2 holders are permitted to travel outside of the United States at any time during the validity period of their visa.
Can you live outside the US with E2 visa?
Namely, that E2 visa holder would not be able to travel internationally without returning to their home country and applying for a new, valid, five-year E2 visa. This requires the process of submitting an E2 renewal application to the U.S. embassy or consulate of the visa holder's home country.
How many times can you renew an E2 visa?
As long as you can meet all the elements of the E-2 visa, there is no limit to the number of times an E-2 visa can be renewed. You can either apply for a visa extension or a visa renewal.
Can I buy a house with E2 visa?
An E-2 visa is a visa available in the United States for people who want to start or buy a business. Unfortunately, the purchase of a house does not constitute business activity and would not qualify for an E-2 visa.
Can I bring my family with E2 visa?
Spouses and children under the age of 21 who wish to accompany, or follow to join, an E-1 or E-2 visa holder may apply for derivative E-1 or E-2 visas. They need not hold the same nationality as the E-1 or E-2 visa holder. Please see 9 FAM 402.9-9.
How difficult is E2 visa?
While there is no specific amount for what counts as a substantial investment, it can be difficult to get your E-2 Visa approved if the investment falls below $80,000.
Which countries can you visit with us visa?
10 best countries for visa-free travel with a US visaBelize. As of 2018 holders of valid US visas can enter Belize visa-free. ... Georgia. Tbilisi, Georgia. ... Qatar. Skyline of Doha, Qatar. ... Turkey. Holy Grand Mosque in Istanbul, Turkey. ... The Dominican Republic. ... Island of Turks and Caicos. ... Bermuda. ... Panama.More items...•
How long does E2 visa take?
E-2 visa processing can take anywhere from two weeks to up to 5 months. Visa processing times will be a key consideration when filing an E-2 petition, particularly given the planning required to pursue your business activity and if your family will also be applying to join you as E-2 dependants.
How much investment is required for E2 visa?
$100,000 US dollarsThe applicant must make a substantial investment to qualify for the E2 investor visa. However, the law does not state a minimum dollar amount. Generally, the applicant should be prepared to invest at least $100,000 US dollars in the enterprise to have a good E2 visa case.
Can you apply for green card on E2 visa?
E-2 visa holders however can only apply for a US Green Card from overseas unless they are willing to waive certain rights granted to them under the relevant E2 treaty. Visa holders are advised to take professional guidance on the implications which affect areas such as tax.
How can I change my E2 visa to green card?
In order to go from an E2 visa to green card, you must apply for and get approved for an immigrant classification. Some of the immigrant visa classifications you should consider are: the EB-5 visa; a company sponsorship; EB1A; National Interest Waiver; and a marriage-based green card.
Can I get a Social Security number with an E2 visa?
The E2 visa provides many immigration benefits for an E2 investor, their spouse, and their children. The spouse of an E2 investor is eligible to apply for work authorization (EAD). Once work authorization is approved, an E2 visa spouse may also be eligible to apply for a Social Security Number (SSN).
Do I need an ESTA if I have an E2 visa?
For example, if you have a valid B-2 visa (tourist visa), then you no longer need to apply for ESTA approval to enter the US. However, if you have an E-1 or E-2 visa (commercial/investor visa), for example, then this only entitles you to enter the US for business purposes.
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What Is an E-2 Visa?
The E-2 visa allows a citizen of a foreign country to enter the United States to finance and manage a business.
What Are the Rules for Acquiring an E-2 Visa?
To qualify, the business owner must live in a treaty country. The United States has trade agreements with more than 70 countries. Anyone from these foreign states can buy an ownership stake in an American business. They can either invest in an existing company or start a new one.
What Are the Financing Rules for an E-2 Visa?
They have the right to finance some of the cost. A consular officer will decide the amount. Generally, financing 25 to 30 percent of the purchase price is OK .
How Old Is the E-2 Visa?
This type of visa is one of the oldest in America. Its roots go all the way back to a treaty signed at the end of the War of 1812. The details have changed over the years, but the premise remains the same.
How Does the E-2 Visa Compare to the E-5 Visa?
Other options, such as the E-5 green card, require $1 million at a minimum. The E-2 visa is popular due to its affordability. It's only a visa and not a green card, though. Some investors prefer the security of a green card.
How long does a first visa last?
The first visa lasts for up to five years, but the recipient can ask for extensions over and over again. During first entry into America, the investor is given a period of stay of two years. They can ask for an extension when they need one.
Why is the visa length shorter?
The length of the original visa depends on America's agreement with the investor's country of origin. A new company will have a shorter duration for its visas. The government wants to study whether a business is trying to succeed. Some people start fake businesses to buy their way into America. The shorter visa protects the government against such attempts.
F. J. Capriotti III
My colleagues are correct ... you only have an E-2 I-94 ... not a visa. If you go home, you all need to apply for visas at the US Consul. NOTE: The E is unique in that you need to make a FULL application at the Consul ... merely showing the CIS approval isn't enough...
Pascal Christopher Schunk
I agree with my colleague. You currently have E2 status and you will have to apply for your visa at the US Embassy in order to return. Contact a US immigration attorney for assistance prior to leaving the US.
Giacomo Jacques Behar
USCIS cannot issue "visas". Only US consulates abroad can. What USCIS issues instead is "status", in case of an E-2, for just 24 months at a time.
How long can an E-2 stay in the US?
Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
How to notify USCIS of an E-2?
Where there has been such a substantive change, the treaty investor or enterprise, if it wishes to continue to employ the alien in E-2 status, must notify USCIS by filing a new Form I-129 with fee , and may simultaneously request an extension of stay for the treaty investor or affected employee. The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification. An employer who no longer employs an E-2 nonimmigrant is urged to inform USCIS of this upon termination of the E-2 nonimmigrant’s employment.
How much ownership of an investment enterprise is required to enter the United States?
Be seeking to enter the United States solely to develop and direct the investment enterprise. 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.
Do I need to file an I-129?
A treaty investor is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty investor or E-2 employee enterprise may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty investor or enterprise must file Form I-129 with fee and a complete description of the change.
Can an E-2 employee work for a parent company?
An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:
Can an E-2 investor travel abroad?
As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.
How to get a green card for an E-2 visa?
One of the most common ways to obtain a Green Card for an E-2 Visa holder is through a job offer from a U.S.-based employer either for the investor directly or for his spouse. An Employer can viably sponsor an E-2 Visa holder in either the second or third preference categories.The second preference (EB-2) category includes applicants who are either have an advanced degrees or their equivalent or foreign nationals with exceptional ability in the sciences, art or business. The third preference category (EB-3) includes applicants who have a bachelor’s degree or who are skilled workers.
What is the first step in the E-2 visa process?
After having an employer agree to sponsor the E-2 Visa holder, the first step in the process is the PERM/Labor Certification process with the U.S. Department of Labor (DOL). This stage entails multiple steps including submission of a “prevailing wage determination” request to the DOL. Also required is a recruiting period where the employer tests the U.S. labor market by advertising the position offered to make it available to U.S. workers.
What are the requirements for a green card?
Under the standard established by the US Supreme Court, an applicant must demonstrate the following three criteria in order to be eligible for the Green Card through a National Interest waiver: (1) The foreign national’s proposed endeavor has both substantial merit and national importance; (2) The foreign national is well-positioned to advance the proposed endeavor; and (3) On balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements of the EB-2 category.
Can an E2 visa be a permanent resident?
Depending on the paths that are available, a qualifying relative or business may sponsor individuals who wish to apply for legal permanent resident status in the United States. For E2 nonimmigrant visa holders both employment-based and family-based immigration opportunities remain available despite the fact that an E2 does not give rise to a direct path to residency. USCIS will then review the submitted application. If approved, the individual can file for permanent resident status. Individuals that are outside of the United States can achieve legal permanent residency by petitioning for an immigrant visa stamp at a U.S consulate or embassy.
Is the EB-2 visa still valid?
As of June 2020, the EB-2 category remains current for most countries under the visa bulletin so applicants can file the I-485 application for adjustment of status to lawful permanent residence concurrently with the I-140 Petition. However, the EB-3 category has a backlog of almost three years until the green card may be available for applicants.
Is there a backlog for E-2 visas?
Overall, the option for Employer Sponsorship for E-2 Visa holders is certainly an option to consider; however, it can frequently difficult for even qualified applicants to find an employer willing to invest in the sponsorship process.
Is an E2 visa a green card?
Accordingly, the E2 does not provide an individual with a direct pathway to permanent residency (a green card). However, after entry, the E-2 Visa holder is eligible to explore and proceed with options for permanent residency provided she does not violate her E-2 status in the process.
