To summarize, the process for an E-2 visa is as follows:
- 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
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
Is it hard to get E2 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 do you qualify for E2 visa?
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.
How long does it take to get an E2 visa USA?
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 needed 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.
How much does E-2 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.
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.
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 does E2 cost?
E-2 visa minimum investment amount is typically over US dollars $150,000. E-2 visa cost for investor present in USA – Form I-129 fee $460 (Form I-539 – $370 per dependent), 15 days premium processing at $1,440.
Can E-2 visa 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).
Are Indians eligible for E-2 visa?
India does not have an E2 treaty with the US. Therefore, to qualify for an E2 visa, you may consider applying for citizenship to another country which has an E2 treaty with the US. Two countries you may wish to consider are Grenada and Canada.
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.
Who is eligible for e3 visa?
The E-3 visa classification applies only to nationals of Australia, their spouses and children under the age of 21. E-3 principal applicants must be going to the United States solely to work in a specialty occupation.
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).
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.
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 apply for an E-2 visa?
The first step to apply for the E-2 visa is filling out the online non-immigrant visa form, also known as DS-160, and uploading a passport photo. The application must be filled out entirely in English. You will also be asked to pay the application fee and print the receipt.
Who Should Consider the E-2 Visa?
The US E-2 visa is designed for individuals who have active business interests in the US. Unlike other investor visa programs, passive investments like stocks and bonds will not grant you eligibility for the E-2 visa.
What is The US E-2 Investor Visa?
Utah has been voted one of the most pro-businessa US states and is growing quickly as a potential home for E-2 visa holders.
Why do nomads need multiple passports?
But for more and more internationally-oriented Nomad Capitalists, collecting multiple passports is key to establishing citizenship insurance and opening up business, international investment, and travel opportunities around the world.
What is required to bring an E-2 visa?
An employee you bring with you on an E-2 visa must serve in a supervisory or executive role within the company or hold special qualifications that make the employee essential to the operation.
What is the worst thing about an E-2 visa?
One of the best and worst things about the E-2 visa application is that not all of the requirements are set in stone. That means that there is a lot more flexibility in the kind of entrepreneurs who can apply, but also a lot of guesswork.
What to do if you have an error in your application?
If you’ve made any errors filling out your application, you may be asked to leave, try again, and schedule another appointment – obviously, an enormous frustration and a waste of time.
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 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.
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.
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.
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 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.
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.
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 is an E-2 visa valid for?
For Canadians, the E-2 visa is valid for five years at a time, and may be renewed indefinitely so long as the business continues to operate.
How does a Canadian look for a U.S. business to purchase in order to apply for an E-2 visa?
Canadian citizens looking to purchase a U.S. business can contact a business broker in the state that they are looking to move too. Other options may include looking for websites that list businesses for sale.
What is considered a substantial investment for a Canadian to qualify for an E-2 visa?
The Foreign Affairs Manual (FAM) does not quantify or define what is considered a “substantial investment” to qualify for an E-2 visa. There is common belief that the investment amount should be at least $100,000.00. However, that is not a hard and fast rule. In fact, applications with less investment than this have been approved. Often, the amount of required investment depends on the nature of the business. For example, a small deli may only require $70,000.00 of investment to be fully operational and thus an E-2 may be approved. For situations where an active Canadian company is looking to expand to the U.S., the E-2 investment amount may be lower and still be approved. In these types of situations, the investor may also want to consider an L-1 visa.
Should I buy an existing business or start a new business for an E-2 visa?
A question that often comes up with whether it is easier to obtain an E-2 visa by buying an existing business or starting a new business. First of all, starting any type of business is a major decision and requires a lot of emotional, financial and physical investment. So the decision to buy an existing business or to start a new business should be based on personal decisions that fit best with your goals.
Can a Canadian apply for an E-2 visa based on a contingent investment in a business?
You’re asking “why should you invest the money when there’s no guarantee of a visa?” However, the U.S. Consulate is asking “why should we give you a visa if you haven’t invested any money?” Spoiler alert: the Consulate wins.
How long are E-2 visas valid for Canadian citizens?
Canadian citizens who are approved for E-2 visas are usually given a validity period of five (5) years. Furthermore, every time a Canadian citizen enters the U.S. in E-2 status, they will be admitted for up to two (2) years on that entry. At that time, they will have to depart and then re-enter at which time they will be admitted for another two (2) years.
Can a Canadian E-2 spouse apply for employment authorization?
Yes – spouses of E-2 investors are entitled to employment authorization – meaning that they can seek employment anywhere in the United States without restrictions or limitations.
What is the E2 Visa?
An E 2 Visa enables foreign investors to place capital (funds and/or assets) in the US. The investment itself is considered profitable, and the applicant must build a business from scratch or buy an existing business to be eligible for the visa. Note that only investors from a treaty country (meaning the treaty country holds a Treaty of Trade and Commerce with the US) can apply.
Where to apply for E2 visa?
If you are not in the US legally, you will likely need to apply for an E2 visa at a United States Consulate within your home country. This process is known as “Consular Processing” or “Visa Processing.”
What is the difference between an E2 and an EB5 visa?
A key difference is that the E2 visa is a non-immigrant visa. It doesn’t directly lead to a green card or permanent residence, whereas an EB5 visa does. While both programs require a substantial investment in a US business (either existing business or new business) the terms of the program are notably different.
What is the benefit of E2?
A key benefit of the E2 is that it allows your spouse to work. Since the main applicant can only be committed to their own investment company, the spouse acquires work authorization, enabling the spouse to effectively get a sponsored green card.
What visas are required to obtain permanent residence?
You must apply for one of the following visa routes to acquire permanent residence: EB-5 Visa, Company Sponsored Green Card, EB1A Visa if You Have an Extraordinary Ability, National Interest Waiver, Marriage-Based Green Card.
How many options do foreigners have for a permanent residence?
Foreign nationals have five options for getting an immigrant visa and acquiring permanent residence. These include:
Is an E2 visa a green card?
While the E2 visa is considered a non-immigrant visa and doesn’t lead to permanent residence, the E2 visa to Green Card pathway is perfectly possible, albeit indirectly.
