For instance, if you are Italian, you cannot get your E-2 Visa transferred if the new company is American or Canadian or from any other country other than yours. Also, the new business must have invested a substantial amount of money and the employee will still be employed in an executive, managerial or essential worker capacity.
Can an E-2 visa investor work in the United States?
The answer is generally yes, however certain requirements must be met. The E-2 Treaty Investor Visa allows nationals of a Treaty Country to reside and work in the United States for a company in which they have invested a substantial amount of money. Nationality: the E-2 Visa Investor must be a national of a Treaty Country.
How do I transfer my E-2 visa to another country?
The employee should maintain his intent to depart the U.S. once the E-2 Visa expires. Going through consular processing at the U.S. Embassy in your country is still the best option to get the E-2 Visa transfer done, even though the beneficiary is already in the United States.
Can I use my E-2 visa as a vehicle to green card?
If you are interested in using the E-2 visa as a vehicle to a green card, here is a quick breakdown of the requirements. To qualify for the E-2 Treaty Trader visa, you must: Be a national of a country that maintains a treaty of commerce and navigation
Can I transfer my E-2 visa to H1B?
Many people choose to get an E-2 visa transfer to green card status to make their residence in the U.S. more permanent. Unfortunately, there is no official E-2 visa transfer process for the H-1B. You must apply for the H-1B from scratch like everyone else.
Can I buy another business on E2 visa?
The question often arises: Can I purchase or start another business on an E-2 visa? An E-2 visa holder is permitted to either partially or fully own other companies. You do not need another visa to own another company, but you cannot work at the company.
Can E2 visa holder apply for green card?
The E2 visa is a non-immigrant visa which prohibits the visa holder from having an intent to immigrate to the United States at the time the Visa is issued or used for entry. Accordingly, the E2 does not provide an individual with a direct pathway to permanent residency (a green card).
Can you work anywhere with E2 visa?
E-2 investors and E-2 employees are more restricted in their employment. Generally, E-2 investors and employees are only permitted to work at the E-2 company that was registered at a U.S. Consulate or approved by United States Citizenship and Immigration Services (USCIS) at the time they applied for the E-2 visa.
Can I hire someone with an E2 visa?
Under the E-2 "treaty investor" nonimmigrant visa category, a U.S. business established by a substantial investment and at least 50% owned by citizens of a country that has an authorizing treaty with the U.S. can temporarily hire workers from that same country to perform executive, supervisory, and essential-skills ...
How long can you stay in US with E2 visa?
two yearsQualified 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.
How long is a E2 visa good for?
E2 visas are valid for a period of five years and can be renewed with two-year extensions as long as you maintain the necessary qualifications. As it stands, there are no limits on the number of extensions you can take. Generally, there are two ways to file the extension of status.
Can you go to school on an E2 visa?
Yes, the dependents of E-2 visa holders can study freely in the United States without seeking further approval. Children may attend public or private school, while spouses may attend any level of schooling. Children must apply for an F-1 student visa if they wish to continue studying after the age of 21.
What businesses qualify for E2 visa?
Businesses eligible for an E-2 visa are generally any legitimate and lawful business that has the intent to hire U.S. workers. Depending on the type of business, a small about of capital may only be required and the business may not be required to hire employees right away.
How much investment is required for E2 visa?
The 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.
Does E2 visa require sponsorship?
Applying for an E-2 Visa at an Embassy or Consulate Abroad To work for an E-2 qualifying business in the U.S., your prospective hire outside the U.S. must secure an E-2 visa at a U.S. embassy or consulate abroad and use it to enter the U.S. in E-2 status.
How many E2 visas are issued each year?
In the EB-5 visa's shadow, the E-2 treaty investor visa has rapidly grown to over 43,000 approved annually.
Which visa can be converted to green card?
If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country.
How many times can you renew an E2 visa?
One of the benefits of an E2 visa is that it can be renewed. There is no limit to the number of times an E2 visa can be renewed. As long as you continue to satisfy the E2 visa requirements, you can apply to renew your E2 visa or petition for an extension of E2 status.
It can be transferred
USCIS must approve any substantive change in the terms or conditions of E-1 or E-2 status.
Consult an Attorney
Please contact a lawyer at Litwin & Smith for a consultation about your E visa, labor certification, or other immigration visa needs. Please visit our Immigration Articles page for a full listing of detailed articles regarding immigration and naturalization law.
2 attorney answers
You can definitely file for a new E-2 using another employer. If you are applying at the consulate, the processing time will depend on how quickly you get the attorney the documents they need to prepare the case and how quickly you or your attorney can schedule an interview.
Lucero Maria Saldana
Yes, any and all of that will be possible. Kindly schedule a consultation appointment with the business immigration lawyer of your choice to discuss strategy and mechanics.
How to transfer E-2 to H-1B?
The first step when you transfer your E-2 status to H-1B is to make sure that you meet the qualifications for the new status. They are: You must have at least a bachelor’s degree in the field in which you want to work. If you have relevant work experience, it may be used to substitute.
How to waive E class status?
To waive these rights, you must submit an I-508 Request for Waiver of Certain Rights. This should be submitted alongside your green card petition. Without this form, you will not be able to adjust your status as an E class nonimmigrant. Speak with your immigration attorney to ensure that you are taking the correct course of action when it comes to an E-2 visa transfer to a green card.
Is an E-2 green card an investment?
Here are some common employment-based green cards for those on E-2 and even H-1B status: EB-5: This is the only investment-based green card available, making it ideal for those on E-2 status. However, the investment amount for the EB-5 tends to be much greater than many E-2 investments.
Can I file an I-485 for green card?
After that, you will be able to file an I-485 application to adjust from E-2 to green card status.
Do you need an employer sponsor for an E-2 visa?
As far as nonimmigrant visas go, the E-2 has plenty of advantages. It does not require a certain level of education and you do not need to have an employer sponsor you. In addition, the E-2 visa can be renewed indefinitely provided that you are still advancing the original enterprise.
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 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.
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.
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.
