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how to apply for e2 visa usa

by Neva Dickinson Published 3 years ago Updated 2 years ago
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  • Obtain citizenship to one of the E-2 countries through descent, marriage, residence and naturalization, or investment (if you don’t already have it)
  • Apply for an E-2 visa online and pay the fee
  • Check out the US Embassy website to make an appointment at a nearby consulate
  • Inquire about the specific documents they will require for your case
  • Show up for your interview with all required documents and hope they don’t ask you to come back
  • Get fingerprinted and pay the issuance fee
  • Wait a few weeks for your passport to be returned with the E-2 visa inside
  • Enter the United States
  • Launch your business enterprise and live the American dream, but for no more than 120 days per year to avoid triggering the Substantial Presence Test and taking on the full ...

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.

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

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How do I get an E2 visa for USA?

To get an E2 visa, you must invest a substantial amount of capital into a US business and you must direct and develop that business. You can either start a new business or invest in an existing business to qualify for an E2 visa.

How much does it cost to apply for E2 visa?

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.

When can I apply for E2 visa?

To be approved, an E2 visa requires that (1) the applicant be a citizen or national of a country that has a commerce and navigation treaty with the United States, (2) he or she make a substantial investment in a commercial enterprise in the United States, (3) he or she have already invested or be in the process of ...

What documents do you need for an E2 visa?

Biographic DocumentsComplete copy of current and expired passports.Copies of all US visa documents, including I-797 approval notices, I-20s, and DS-2019s.Curriculum vitae (CV)Copies of diplomas for college or university education.

Is it hard to get E-2 visa?

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 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.

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 are the benefits of E2 visa?

Benefits of the E2 Visa Spouses have the ability to work anywhere in the United States. The Grenada E-2 visa can be renewed indefinitely, as long as the E-2 business maintains operations. E-2 visa holders can spend up to 120 days in the US without being subject to worldwide income taxation.

How do I pay for my E2 visa?

The USCIS requires that you make your fee payments in the form of either a cashier's check or money order. On the whole, many experienced attorneys will advise you to make each payment out separately rather than combining them into one large E-2 visa fee payment.

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 work in USA with E2 visa?

The E2 visa is a special non-immigrant visa category for investors and entrepreneurs. The E2 visa allows you to live and work in the United States based on making an investment in a U.S. business.

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.

How much do lawyers charge for E-2 visa?

$5,000 in attorney's fees for the immigration petition. $500 in attorney's fees for family's application (if any family is also applying) $460 for the filing fee charged by the USCIS for the main petition.

How long does it take to get an E-2 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 does it cost to renew E-2 visa?

How Much Does It Cost to Extend My E-2 Visa? The fees involved in the application for an extension of an E-2 visa include: I-129 basic filing fee: $460. I-539 Application to Extend or Change Nonimmigrant Status fee: $370.

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.

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.

How much investment is required for an E-2 visa?

There is no minimum amount of investment necessary to obtain an E-2 visa. The investment just has to be “substantial”. What is considered a substantial amount will depend on factors such as the type of business involved, the number of jobs created by the investor’s personal assets, etc. In most cases, the investment should be at least $100,000USD, ...

What are the two types of E visas?

Two types of E visa applications: E-1 (for traders) E-2 (for investors)

What is an EB-5 visa?

The EB-5 immigrant investor visa was created by Congress to attract foreign capital to the US and create jobs for American workers in the process. The investor would then be eligible for permanent residence. To obtain the EB-5 visa, the investor must fit a few main requirements, and submit documentation to prove they are eligible.

How much of the international trade must be between the US and the treaty country?

The trade must be principally with the treaty country. More than 50% of the total volume of international trade must be between the U.S. and the treaty country. The amount of trade must be sufficient to ensure a continuous flow of international trade between the U.S. and the treaty country.

Do you have to be a national to get an E visa?

In order to qualify for an E visa, you have to be a national of a country that has a Treaty with the U.S. for E visas. Below is the list of countries that have an E visa treaty for both types of E visas.

Can an E-2 be granted?

Employees of E-2 companies may be granted E-2 visas if they are or will be engaged in duties that are executive, managerial, or supervisory in nature. If employed in a minor capacity, the employee may be granted an E-2 visa if he or she has special qualifications that make the services to be rendered essential to the enterprise.

How to apply for an E2 visa?

There are two ways to apply for the E2 visa – in the United States, with USCIS; or through the consulate or embassy in your home country, with the Department of State. The E2 visa is one of the few visas that don’t actually go through both processes.

How to choose an E2 visa?

The best way to choose is to speak with an E2 visa lawyer. Your attorney will be able to give you an assessment and let you know which way is best for you.

What is a visa at the border?

A “visa” is a ticket to get into the United States. You present the visa at the border (in most cases, the border is at the airport) and the officer will review it and almost always allow you to come into the country. (Notice I say, “almost always.”. The officer at the border has the option of turning you away even with a valid visa.

How long does it take to get an answer from USCIS?

This means that you will receive an answer from USCIS in two to three weeks after applying. (If you choose not to “premium process” the application, it will take 3-6 months to receive an answer from USCIS.) There is no interview when applying through USCIS.

Where does Steve fly to?

Steve is notified of the interview and must fly to Ciudad Juarez for the interview. At the end of the interview, Steve is approved! He returns home and receives the visa in the mail about one week later. It’s February 20, and Steve finally can fly back to the U.S. and run his business.

Can a dual national change to E2?

Finally, anyone who is a dual national and entered the U.S. on a non-treaty passport cannot change status. (For example – Jane has an Indonesia passport and a Bangladesh passport. She enters the U.S. on a B1 visa in her Indonesia passport. After four months, Jane wants to change status to an E2 status.

What is the requirement to get an E2 visa?

In order to qualify for an E2 Investor Visa, your country of nationality must have an E2 Visa treaty with the USA.

What happens after filing an E2 visa?

After filing the E2 Visa application, the adjudicator will apply a proportionality test to your investment. Using this test, they will determine if you have invested enough money to make your particular business a success.

How to protect money from a visa denial?

You can protect yourself by placing part of your investment in escrow. This escrow agreement will contain the sole condition that the money will be released only if the E2 Visa is granted.

How long is an E2 visa valid?

For some countries, your E2 Visa will be valid for a few months and one entry into the USA. For others, your E2 Visa will be valid for several years and unlimited entries.

What is the most frequently asked question on E2 visa?

The most frequently asked E2 Visa question is — “how much do I have to invest?” This is understandable. It would certainly be my first question. The answer to this common question depends on the business that you are starting.

How to prove that you are a national of an E2 treaty country?

You will usually submit a copy of your passport or other identification documents to show that you meet this requirement.

Is there an immigration option for entrepreneurs?

Unfortunately, there is no perfect immigration option for amazing entrepreneurs who come to the US to start innovative companies and create thousands of jobs.

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?

The E-2 visa permits citizens of certain foreign countries to enter the United States to invest in and manage a business. This can be investment in a start up or in an existing operation.

What are the requirements for an E2 visa?

What are the E2 visa eligibility requirements? To be eligible for an E-2 visa, you will need to show: You are a national of a country with which the US has a Treaty of Commerce & Navigation. Currently this extends to over 70 countries, including the UK. You have controlling interest in the company (more than 50%).

How much is the E2 visa investment amount?

To be eligible to apply, E2 applicants must have already made a “substantial”, upfront and at-risk financial investment into the company. There is however no fixed minimum threshold or investment amount specified under the rules.

How long can an E2 visa be?

An E2 visa can be granted for up to five years. The specific duration will depend of the applicant’s nationality and the discretion of the adjudicator. For the initial visa period, E2 visa holders are permitted to stay in the US for up to 2 years, at which point they have to leave the US. Provided their visa duration was longer than 2 years, ...

Can E2 employees be the same as investors?

It is possible, but restrictions apply for E2 employees. The E2 employee has to have the same nationality as the investor and they have to be employed for a supervisory or executive role within the E2 company, or hold special qualifications that make the employee essential to the operation.

Can an E2 spouse work in the USA?

Spouses and dependants of E2 visa holders can apply to come to the USA. E2 spouses are also able to apply for work authorization permitting them to carry out any type of work while in the US, not just for the E2 company.

Is it possible to extend the E2 visa?

Yes, you can apply to extend your E2 visa USA, provided you can show you continue to run the E2 company and satisfy the requirements of the visa. There is no limit to the number of extensions you can apply for.

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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