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how to apply for e2 visa from canada

by Saige Gottlieb Published 3 years ago Updated 2 years ago
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To successfully apply for the E2 visa

E-2 visa

The E-2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. The E2 visa is good for three months to five years and can be extended indefinitely. The investment must be "substantial." Investor visas are available only to citizens of certain countries. E-2 visas are also available to non-investor employees of t…

as a Canadian citizen, you are expected to first register your company with the E-Visa Unit. Note that to ensure your company gets reviewed by the E-Visa Unit; you will have to complete the following process: Fill out and complete the DS-160 Visa application form online

Full Answer

Can a Canadian invest in the US with an E2 visa?

How Canadian Investors in the U.S. Can Apply for an E-2 Visa The E-2 treaty investor visa allows Canadian citizens to buy or start a business in the U.S. In order to qualify for an E-2 visa, the business must be active, substantial, at risk, and the investor must oversee and direct the day-to-day operations.

How long does it take to get an E-2 visa in Canada?

E2 visa timeline – Canada The processing time for an E-2 visa depends on Canadian Investor. If present in the USA, the average time is 5 months. Premium processing time is 15 days for $1,225.

How do I apply for an E2 visa?

Your E2 visa application must include: DOS Form DS-156E, Nonimmigrant Treaty Trader / Investor Application DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45

Can a dependent apply for an E-1 visa in Canada?

E-1 and E-2 dependents may book appointments to process their visa applications at any post in Canada. However, dependents may process their visas only if the principal applicant’s visa has already been issued. The dependent applicant must present a copy of the principal applicant’s visa at the time of the interview.

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Can Canadians get E2 visa?

Because Canada has such a treaty with the U.S., Canadian investors qualify for E-2 visas. The next hurdle that must be met is making a “substantial” investment in a business or commercial enterprise in the United States.

How long does it take for a Canadian to get a E2 visa?

The processing time for an E-2 visa depends on Canadian Investor. If present in the USA, the average time is 5 months. Premium processing time is 15 days for $1,225. For outside of the US, E2 visa processing time through a Consulate varies from 2 weeks to 4 months.

How easy is it to get an E2 visa?

The E2 is an investment visa that requires you either buy an existing business or start a new one. 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).

How do I get an E2 visa for USA?

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.More items...•

How long does it take for E2 visa to get approved?

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?

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.

Can I apply for an E2 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.

What businesses qualify for E-2 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.

Does 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 can a Canadian get a U.S. green card?

Apply for a Green Card If you are eligible, file Form I-485 - Application to Register Permanent Residence or Adjust Status with USCIS, including all supporting documents and fees. USCIS will review your application and schedule an interview with you. Once issued, your Green Card will be valid for 10 years.

How can a Canadian get a U.S. business visa?

To start a U.S. business and to qualify for an E-2 visa, the Canadian investor needs to first make a full investment into the U.S. enterprise. That means setting up a legal business structure (such as an LLC, C-Corp, etc.), getting a Federal Employer Identification Number (FEIN), and opening a business bank account.

How can Canadian citizen settle in USA?

U.S. permanent residency is commonly referred to as a green card....Canadians are eligible for green cards through one of the four methods:Marriage Green Card for Canadians.Employment Green Card for Canadians.Family Green Card for Canadians.Investor Green Card for Canadians.

What visa Does Canadian need to work in the US?

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers.

As an Canadian citizen, Am I eligible for an E-2 Visa?

Yes, As an Canadian citizen, you are eligible for an E-2 Visa. Canada has signed the E-2 treaty with the US.

Can a spouse of a E2 visa holder from Canada work in the US?

Spouses of E-2 visa holders from Canada are able to work in the US only once they apply for work authorization by filling form I-765, if approved t...

Can a Canada national work in the USA with an E2 visa?

Yes. As a Canada national, you are eligible to work in the US but only the business that you have invested or if you are an employee at the organis...

For a Canada national, What businesses qualify for an E2 visa?

There is no specific list of businesses under the E-2 treaty. As long as the investor has made a significant investment in a business and is approv...

As an Canadian citizen, What happens when my E2 visa expires?

The E-2 visa holders from Canada are allowed to renew their visas. The extensions are granted for 2 years and there are no restrictions on the numb...

Where to apply for an E-2 visa in Canada?

Dependents of current E-2 visa holders and employees of companies that are already registered as E-visa companies can apply for E-2 visas at the U.S. Consulate in Calgary , Montreal, Ottawa, Vancouver or Toronto. All applicants for an E-2 visa must submit their online visa application electronically, and upload a photo. Applicants must then print out the confirmation page, which will be submitted with the application itself. The U.S. Consulate only accepts submissions in PDF format as a single attachment, which can be no longer than 70 pages and no bigger than 20MB (excluding certain documents, such as the immigration forms, tabs and dividers, copy of passport pages, and civil documents). Supporting documentation must be submitted along with the application for an E-2 visa, including a cover letter summarizing the requirements for an E-2 visa and how the applicant fulfills them, proof of nationality, ownership documents, investment documentation, evidence regarding lack of marginality and that the enterprise is real and operating. Please note that only 70 pages are provided with the intial application you will likely need to bring additional substantial documentation to the interview in order to substantiate your eligibility for the E2 Visa. The biggest corrections we typically need to make with clients for applications at the U.S. Consulate in Toronto are typically dealing with marginality and demonstrating irrevocable commitment to the business. Specifically, the investor must demonstrate that the company will not merely benefit the investor and her immediate family in order to show the business is non-marginal. The investor must also show that the funds for the business have either been substantially spent or irrevocably committed to the business and are not simply sitting in the company bank account to be retracted after the Visa is approved.

What is an E2 visa?

An E2 investor visa allows Canadian nationals to enter the United States after investing in a business or commercial enterprise in order to direct and develop that enterprise. This type of visa is an attractive alternative to the EB-5 investment visa, as it does not have a minimum investment threshold. It also allows the investor to bring his or her spouse and unmarried children under the age of 21, and to renew the visa an unlimited number of times. For Canadian nationals, an E-2 investor visa is a great opportunity to obtain a U.S. visa and potentially remain in the United States indefinitely to direct and develop the business. Qualifying for an E-2 visa as a Canadian national requires meeting certain standards. The experienced E-2 investment visa attorneys of Colombo & Hurd have assisted innumerable investors in obtaining E-2 visas through the US Consulate in Toronto as well as through a change of status domestically in the US. We work collaboratively with our Canadian clients to help ensure the best possible outcome for E-2 immigration petitions.

How long does it take to get an E2 visa?

In 2019, the U.S. Consulate in Toronto is taking about three weeks to schedule the interview from submission of the E2 Visa application though this can vary. After the interview date, if the E-2 investment visa is approved, it will be returned (along with the applicant’s passport and documents) via Canadian Post Courier, typically within 3 to 5 business days of the interview. E-2 visas are valid for an initial period of up to 5 years with entry into the US at two years per entry. This visa can then be extended for as long as the E-2 status is maintained. Notably, as the E2 status is provided for two years with every entry so in total the status could theoretically be obtain for up to just under 7 years with the initial Visa approval.

How to apply for a treaty trader visa?

Treaty Trader and Investor Visas 1 Gather all documentation pertaining to your E-visa application. Please carefully review the relevant tabs on the Related Treaty Trader Pages for a detailed listing of the required documents. 2 Complete and submit the Online Visa Application ( DS-160) along with your uploaded photo. 3 Print the bar-coded DS-160 confirmation page which must be submitted with your application. 4 Complete and submit Form DS-156E (not required for dependent family members) 5 Create a user profile; pay the visa application fee for yourself and any accompanying family members; and follow the step by step instructions provided at our information and appointment service provider’s website. 6 Appear for your interview at the U.S. Consulate. See list of prohibited items. 7 If issued, your passport, visa, and documents will be returned to you via Canada Post Courier service. Processing time is normally 3-5 business days after the interview. However, processing time may vary and there is no guarantee that your visa will be ready within this time frame. We urge travelers to apply as early as possible and to not make firm travel plans before the passport with visa has been received.

How long does it take to get a visa after an interview?

Processing time is normally 3-5 business days after the interview. However, processing time may vary and there is no guarantee that your visa will be ready within this time frame. We urge travelers to apply as early as possible and to not make firm travel plans before the passport with visa has been received.

How long does it take to get an E-2 visa for Canadian citizens?

The processing time for an E-2 visa depends on Canadian Investor. If present in the USA, the average time is 5 months. Premium processing time is 15 days for $1,225. For outside of the US, E2 visa processing time through a Consulate varies from 2 weeks to 4 months.

Is there a list of businesses under the E-2?

There is no specific list of businesses under the E-2 treaty. As long as the investor has made a significant investment in a business and is approved by the US citizenship and immigration services.

Can a spouse of an E-2 visa work in the US?

Spouses of E-2 visa holders from Canada are able to work in the US only once they apply for work authorization by filling form I-765, if approved they are allowed to work in the US.

Is Canada an E-2 visa treaty country?

Yes, the United States maintains treaties of commerce and navigation with Canada. Nationals of treaty countries must be coming to the United States to engage in substantial trade, or develop and direct the operations of a business in which the investor has invested a substantial amount of capital.

How long can you stay in the US with an E2 extension?

You can obtain E2 status extensions for up to two years at a time from the U.S. Citizenship and Immigration Services (USCIS). Since there is no limit on the number of extensions you may obtain, you can stay in the U.S. indefinitely.

Can a spouse apply for an E2 visa?

Spouses and children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for an E2 treaty investor visa. Your spouse may also be eligible to take up employment during his/her stay in the U.S. by applying for an employment authorization document.

What is the E-2 requirement?

E-2 visa regulations require that the funds be “irrevocably committed” to the investment before the visa may be issued. This requirement can be met by showing that your funds are already at risk. Funds can also be considered to be irrevocably committed if they are held in an escrow account contingent only on the issuance of an E-visa.

What to do if your E visa is stolen?

Additionally, if your E-visa has been stolen, you will be required to submit a police report.

How long does it take to get a waiver for an E visa?

Applicants requiring a waiver face a likely wait of several months for a waiver to be processed by the U.S. Department of Homeland Security. Even if the applicant satisfies the requirements for E-visa issuance, there is no guarantee that a waiver of the ineligibility will be approved.

How long does it take to get a visa?

In general, most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on the individual circumstances of each case. The consulate has no control over the time it will take to complete the necessary administrative processing. Visa applicants are reminded to apply for their visa well in advance of their anticipated travel date.

Do dependents have to have the same nationality as the principal applicant?

They are not required to have the same nationality as the principal applicant. E-1 and E-2 dependents may book appointments to process their visa applications at any post in Canada. However, dependents may process their visas only if the principal applicant’s visa has already been issued.

Do E-2 visas require capital investment?

E-2 visa regulations do not specify a minimum amount of investment; the law does state that the investment must be “substantial and sufficient to ensure the success of the desired enterprise”. Different types of businesses require varied amounts of capital, and the amount you will need to invest depends on the nature of your U.S. enterprise.

Can a spouse apply for a B-2 visa?

Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but wish to visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program (VWP).

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.

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