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how to apply for e2 visa

by Darrick Hagenes Published 3 years ago Updated 2 years ago
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How to Apply for an E2 Visa?

  • The first step is to determine whether your country has a treaty of commerce and navigation with the United States. (To...
  • If it does, you can move on to the next step, which is to submit a petition along with the required documents to USCIS.
  • Once USCIS approves your petition, you can apply for a visa at the US embassy or consulate in your...

Full Answer

How can I apply for an E-2 visa?

Where do I apply for the E2 Visa? The E visa is generally applied for at the U.S. Consulate of the country of nationality or residence of the applicant. Alternatively, one can apply for a change of status in the United States with USCIS if you are admitted to the U.S. with the treaty country passport. Back to E2 FAQs

What are the requirements for an E-2 visa?

The E-2 Visa requirements for an employee include: Be of the same nationality as the employer Satisfy the meaning of an "employee" under the relevant law Either remain in an executive or supervisory role within the E-2 business or hold unique qualifications if employed in a lesser capacity

Is it hard to get an American E2 visa?

There is no minimum investment requirement! As long as your business has sufficient funding to make it a success, you can obtain an E2 Visa after making a modest investment. Although the E2 Visa is a great option for many, it is not perfect.

How to qualify for E-2 visa?

The applicant for an E-2 visa must meet the following criteria:

  • Live in a country that has a trade agreement with the United States
  • Plan to live in America while working for a company where the applicant has a 50 percent ownership interest
  • Have a title that indicates ownership or executive-level employment in the company
  • Have a substantial financial stake in the American business

More items...

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How do I apply for an E2 visa?

To apply for an E2 US investor visa, you must first establish that the enterprise meets the requirements of law. You may also be required to provide evidence, which demonstrates that your stay in the U.S. will be temporary. Your E2 visa application must include: DOS Form DS-156, Nonimmigrant Visa Application.

How do you qualify for E2?

To qualify for E-2 classification, the treaty investor must: Be a national of a country with which the United States maintains a treaty of commerce and navigation; Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and.

Is E2 visa hard to get?

E2 Visa Denial Reasons 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.

How long does it take to get a E2 visa?

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 money do I need for an 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.

How much does E2 visa cost?

If you are applying for an E2 visa at a US embassy or consulate in your home country, you will have to file a DS-160. You and each of your dependents (spouse and children) will be charged a fee of $205 (each) to process your DS-160.

Can I apply for an E-2 visa myself?

You can apply for an E2 Visa without a lawyer—but the majority of people do not want to devote the time and effort to learn all of the requirements and avoid costly errors.

How long is E-2 visa valid?

five yearsE2 Visa Validity Period 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.

Can E-2 visa lead to green card?

The E2 visa is a great option that allows you to live and work in the United States by investing in a US company. Yet, the E2 visa is a non-immigrant visa, so it does not directly lead to a green card. In order to go from an E2 visa to green card, you must apply for and get approved for an immigrant classification.

How do I prepare for an E2 visa interview?

1:576:12Tips for USA E-2 Visa Interview - GrayLaw TV - U.S. visa - YouTubeYouTubeStart of suggested clipEnd of suggested clipPlan what business you will be doing in the United States how much money you've put into yourMorePlan what business you will be doing in the United States how much money you've put into your business and really you know when you receive that package from the attorney.

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 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.

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.

Can you apply for E2 visa from USA?

Most applicants for E2 visas submit their application for an E2 through a U.S. Consulate. The processing time for an E2 visa varies by Consulate anywhere from about two weeks to four months. After an initial review is completed, the Consulate will set up an interview with the applicant.

How long are e 2s valid 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.

How does E2 visa work?

The E-2 visa allows businesspeople from certain countries to work in the U.S. for a business in which they invest. The United States has entered into treaties with several countries and established the E-2 visa to allow businesspeople from those countries to work in the U.S. for a business in which they have invested.

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.

What is the purpose of filing an I-129?

If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 to request a change of status to E-2 classification on the employee’s behalf.

What is special qualification?

Special qualifications are skills and/or aptitudes which make the employee’s services essential to the efficient operation of the treaty enterprise. There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:

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.

What is an E visa?

The E visa category includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which they are a citizen or national. This category also includes Australian specialty occupation workers.

What is E-2 investment?

Treaty investors (E-2) invest a substantial amount of money and direct the operations of an enterprise they have invested in, or are actively investing in.

What is an E-2?

Treaty investors (E-2) invest a substantial amount of money and direct the operations of an enterprise they have invested in, or are actively investing in. Australian specialty occupation workers (E-3) perform services in a specialty occupation. See U.S. Department of State's Treaty Countries for a current list of countries ...

What is E-1 or E-2 classification?

E-1 or E-2 Classification as an Employee of a Treaty Trader or Treaty Investor. To qualify for E-1 or E-2 classification, you must: Be the same nationality as the main alien employer (who must have the nationality of the treaty country); Meet the definition of “employee” under relevant law; and.

Can an Australian trader get an E-1 visa?

Eligibility. Before entering the United States, treaty traders or investors and Australian specialty occupation workers must apply and receive an E-1, E-2, or E-3 visa from a U.S. consulate or embassy overseas. A U.S. company may also request a change of status to E-1, E-2, or E-3 for a nonimmigrant that is already in the United States.

What is an E2 visa?

Other Treaty Trader and Investor Visas. The E2 visa is a Treaty Trader and Investor Visa for the United States. It is a US non-immigrant visa category, and it is issued for individual investors or investing companies from countries that have a treaty with the United States. The investment can be in any industry or business such as tourism, IT, ...

How much does it cost to get an E2 visa?

For the E2 visa, the application fee is $205. You might also be required to pay additional fees such as visa issuance fees or reciprocity fees based on your home country. After you pay all your fees, save the receipts, as you will need them later.

What are the Eligibility Criteria for the E2 visa?

To be eligible for an E2 visa, there are several criteria that you must meet, such as:

What Are the Advantages of the E2 Visa?

First, there is no quota for it, so anyone who qualifies can be granted this visa. Additionally, it is a much better option of entering the US than with the EB5 investor Green Card, which requires people to invest more than $500,000 in the US and generate employment for at least 10 people.

How long Does it Take to Go From an E2 Visa to a Green Card?

Depending on which option you choose to go from an E2 visa to a Green Card, it can take quite some time. If you choose to go with an EB-1, EB-5, or family petition then it might take you from six months to more than a year to get the Green Card. If you choose to adjust to a dual intent visa, it will take several years.

How to Adjust Status From an E2 Visa to a Green Card?

If you get approval for one of the immigrant visas from an E2 visa, then you must adjust your status. This is done by filing Form I-485, Application to Register Permanent Residence or Adjust Status to USCIS. They will take some time to process it and will mail your Green Card to you once completed.

How to change status on E2 visa?

This can be done by filing Form I-129, Petition for a Nonimmigrant Worker to the US Citizenship and Immigration Services (USCIS). The application must contain proof of your nationality, investment, and intent to return.

What is the E2 visa?

The E-2 visa application involves a number of stages. Issues or errors with your application can result in delays or even refusal of your petition – a scenario best avoided with the E-2 visa where the requirement is to have already made an upfront investment regardless of whether your application is granted. Take advice before you embark on your E-2 application, including completing the E2 visa form, to ensure you are meeting the required steps.

What is required for an E-2 visa?

Your application for an E-2 visa also requires submission of a formal business plan, detailing your projections for the business, and how your E-2 investment is going to be utilized to make the business operational and successful in meeting your growth targets. Useful areas to include would be:

How to book an interview for a visa?

To book your interview, once you have filed form DS 160, create a Visa Appointment Service account online, pay the fee and provide details for the return of your passport should your visa be approved. During the interview, you will be asked questions about the information you have provided in application form and business plan.

What is the management structure of an E-2 visa?

The management structure should allow you as the E-2 visa holder to develop and direct the company, with other individuals performing the skilled or unskilled labor demands of the business.

What is the purpose of a cover letter for an E2 visa?

The purpose of the cover letter is to present in a concise format how you satisfy all of the E2 visa criteria. By way of summary:

How long does an E-2 visa last?

The plan should provide financial projections and elaborate on how the business will achieve sufficient success and profitability to support you (the investor), your dependents and employees, and create new jobs within the duration of the E-2 visa (maximum 5 years ).

When is an E visa completed?

E visa company registration is completed only when the individual applicant (or first applicant where there are multiple for the same E2 business) has been granted their E2 visa.

How long does an E2 visa last?

The E2 visa may be issued for up to 5 year validity period and may be renewed indefinitely, as long as the applicant continues to satisfy the visa requirements. The actual length of the E2 visa depends on the treaty between the US and the applicant’s country and the visa officer’s discretion.

Can an E2 investor apply for a visa extension?

If the E2 investor or employee is already in the US with valid visa status, he or she may be eligible to apply for change of status, extension of stay, or change of employment directly in the United States with the USCIS without leaving the country.

What is the E2 visa?

As far as you’ve known, the E2 Visa requires that you must make a substantial investment in your U.S. business. At this stage in the process, you’re supposed to transfer your investment funds into your business bank account.

What is required for an E2 visa?

The E2 Visa requires that you put your funds at risk; one of the essential requirements is the investment funds must not be at risk. Many people think they can transfer the funds into the business operating account and apply for the Visa. That’s not the case because if the investment funds are just sitting in the business bank account. The funds must be safe. Either by purchasing inventory, purchasing supplies, purchasing equipment, leasing out an office space, paying for marketing expenses, whatever your business needs, but by doing that, you’re putting the funds at risk, which is a requirement for the E2 Visa.

How much does it cost to get an E2?

Their fee was around $6,000 USD with half paid upfront.

How to apply for a visa online?

Submitting Your Application Online — A Confusing System 1 Pay the visa application fee. 2 Complete the DS-160 Application form. 3 Complete a profile and schedule an appointment. 4 Email your application and supporting documents to the U.S. Consulate.

How long can you stay in the USA on a B1 visa?

Our initial trips were done on a B1/B2 visa, which allows for a stay of up to 6 months, with a possible 6 month extension. This visa is rather easy to obtain (I wrote an article on that here ). The assumption is that you intend to violate the B1 and try to stay in the USA in some way, so the main focus of the application process is providing enough proof that you have ties in your home country and intend to return. It’s a case of assumed guilt and the need to prove your innocence.

Where to send your application for a visa?

Email your application and supporting documents to the U.S. Consulate.

Can I get an I-94 visa?

The I-94 is different from your E2 Visa. The E2 allows you to get an I-94. The E2 allows you to “ask for permission to come and stay”, the I-94 is “Yes, you can stay for 2 years, but then you gotta leave bud.”. Once you are in the USA, it’s the I-94 that’s important.

Do you need to employ other people to start a business?

Basically, the business needs to do more than just pay your own wage. Yes, you need to employ other people, eventually, but not at the time of application, especially as a startup. The way to demonstrate that your business is marginal is with your business plan. See FAM Link.

What is the purpose of an E2 visa?

In order to get or renew your E2 visa, you ultimately have to prove that you will hire or have hired Americans. The first time you get your E2 visa, you need not have hired any Americans but during visa renewal, the emphasis is expected to shift to how many Americans you have hired and will hire.

How long can I work in the US with an F1 visa?

Most often, F1 visa holders can only work up to 12 months in the US after graduation. Only those who are STEM majors get an extra 17 months (now 24 months) to work in the US. However, I could not apply for either the H-1B or the H-1B1 work visa (exclusive to Singaporeans and Chileans) because I own more than 50% of my company ( errund ).

How long before an embassy interview do you need to submit supporting documents?

In fact, you need only to submit them a week before your scheduled interview, at least for the US embassy in Singapore. 3. Passing the Interview.

Do US embassies have their own checklist?

1. Yes various embassies have their own checklist. Here’s the US embassy in Canada’s checklist: https://ca.usembassy.gov/visas/treaty-trader-and-investor-visas/supporting-new-documentation-for-new-cases/

Is it possible to apply for E2?

Yes, that’s still possible. It’s not so much the age of company for first time E2 application. More about potential or current revenue, potential to create jobs for locals, and the amount you will invest in your US company.

Do I need to bring my passport to the embassy before an interview?

On the day of interview, I was only required to bring documents to identify myself and the interview notice. Your passport and supporting documents should already be at the embassy a week before the interview.

Can I apply for an E2 visa outside the US?

Do you plan to apply for the E2 status within the US through a change of status? This means you won’t get a visa because USCIS does not issue visas but embassies do. I recommend applying for the E2 outside of the US through an embassy because if you do the former (applying within the US), once you exit the US, your status is gone. Whereas if you apply outside the US, you get an E2 visa. E2 visa filing requirements especially the documents needed are often embassy specific. So you have to choose an embassy that makes sense.

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