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
What constitutes an investment for an E-2 visa?
What constitutes an investment for an E-2 visa
- General Qualifications of a Treaty Investor. Looking forward to enter the United States exclusively to develop and direct the company. ...
- Investment: The central point of the E-2 visa. ...
- Marginal Enterprises. ...
- Conclusion: A common ingredient to all successful E-2 cases is a detailed Business Plan and explanatory Cover Letter.
How much investment is required for E2 visa?
Well, in order to acquire an E2 visa, an investor must make a “substantial” monetary E2 investment amount in the business. Any investment amount is possible as there is no minimum capital specified by the immigration regulations but one on average E-2 visa minimum investment should be more than $150,000 to get the visa.
Do you need Bussiness experience to get an E2 visa?
There are a couple of things to keep in mind when you are deciding what type of business is best in order to increase your chances of getting an E2 visa. Choose a Type of Business in which You Have some Experience. You will, in most cases, submit a resume as part of your E2 visa packet.
Who is eligible for E2 visa?
To qualify for E-2 classification, you must: Be a national of a country the United States maintains a treaty of commerce and navigation with; Have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and.
How long is E2 visa valid for?
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.
What is a E2 US visa?
The E-2 Treaty Investor Visa is part of the family of U.S. visas available to citizens or nationals of 30+ countries that have trade treaties with the United States. Individuals with significant funds to invest can come to the U.S with an E-2 visa to set up a business, practice , or office.
Is E2 visa permanent residency?
The E2 visa is a non-immigrant visa, and so it is temporary and does not lead to permanent residence. This can be especially troublesome for E2 visa holders who have children as dependents to their E2 visa.
How much money do I need 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.
Is E2 visa easy to get?
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).
Can you work on E2 visa?
The E2 Treaty Investor visa allows the investor to live and work in the US to direct and develop the business, and allows entry of Executive, Management and Essential skills employees. In larger businesses management and executive level employees may be sent to the US instead of the owners of the business.
How long E2 visa takes?
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.
What is the difference between E1 and E2 visa?
The E1 visa is for 'Treaty Traders', and the E2 visa is for 'Treaty Investors'. Holders of an E1 visa can move to the US on a temporary basis to carry out their trade activities, and E2 visa holders for the purposes of investment.
Can I bring my family with E2 visa?
Spouses and children under the age of 21 who wish to accompany, or follow to join, an E-1 or E-2 visa holder may apply for derivative E-1 or E-2 visas. They need not hold the same nationality as the E-1 or E-2 visa holder. Please see 9 FAM 402.9-9.
Can a 2 visa apply for green card?
Eligibility Criteria You may be eligible to receive a Green Card under Section 13 if you can establish that: You entered the United States as an A-1, A-2, G-1, or G-2 nonimmigrant.
Is E2 visa good?
The E-2 Visa continues to be a desirable nonimmigrant visa because it does not require sponsorship from U.S. citizens or businesses, giving foreign entrepreneurs and investors control over their business and livelihood in the The United States.
How long can I stay in the US after my E2 visa expires?
Your E-2 visa expires on June 1, 2022. As mentioned above, the I-94 governs your stay in the U.S. and you are permitted to stay in the U.S. on your E-2 status until February 14, 2021 (the date when your I-94 expires), and not until June 1, 2022 (when your E-2 visa expires).
How many times can you renew an E2 visa?
As long as you can meet all the elements of the E-2 visa, there is no limit to the number of times an E-2 visa can be renewed. You can either apply for a visa extension or a visa renewal.
Can E2 visa be converted to 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).
What happens if your E2 visa expires?
An E-2 treaty investor who has stayed past expiration is required to file his/her visa application at the consulate of the citizen's country.
What is an E2 visa?
The E2 or E-2 visa is the “treaty trader” visa, which allows traders from a set list of 32 foreign countries, with which the U.S. has reciprocal agreements, to come to the United States to set up business.
What is E2 Visa Limit?
The E2 Visa is technically a non-immigrant visa , not an immigrant visa (aka green card), so it does not give permanent residency rights. However, the E2 visa is special in that it may be extended any number of times, and even for an indefinite period, provided that the business that the investor set up in the United States continues to be commercially viable.
How much investment is required for an E2 visa?
The E2 visa requires substantial investment, which could be at least US$100,000 if you apply at your local U.S. Consulate through the Department of State. The minimum investment amount can be lower when applying for an E2 visa through USCIS (U.S. Citizenship and Immigration Services), but we recommend you watch the video below to understand some important differences that may affect how and when you are permitted to travel, depending on the option you choose.
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.
How long can an E2 visa last?
No matter the nationality, E2 visa holders are eligible to reside legally in the U.S. for two-year periods. It is important to understand the difference between status (granted when you enter the U.S.) and visa expiration (granted by the U.S. consulate abroad). For more information on visa length vs. legal status, visit our article.
How many E2 visas are there in 2019?
Over the past 10 years, E2 visa issuances have increased 80%, to more than 43,000 in 2019 alone. With an overall approval rate of 89%, the E2 visa has one of the highest approval rates for all U.S. visas. E2 visa investors are required to show how they will start (or buy) a U.S. business, hire Americans, and grow a profitable enterprise in five years. The requirements provided by U.S. government are quite clear but there is some room for interpretation by the U.S. consulate office. In the case of E2 visa denial, the consulate officer is required to indicate what E2 visa requirement was not met. If this happens, then your immigration attorney can work on a plan to modify your application for a future approval.
How long does it take to get an E2 visa?
The biggest variable is how long the consulate or embassy is taking to process the E2 visa interview. We have seen anywhere from one week to four months. Unlike the business for sale process, funds are generally not held in escrow contingent on the E2 visa approval. There are select franchisors who may be willing to refund the majority of the franchise fee should your E2 visa be denied after the second attempt.
What happens if you get denied an E2 visa?
If this happens, then your immigration attorney can work on a plan to modify your application for a future approval.
Can Brazilians get E2 visas?
You have to be a citizen of an E2 visa country (see the list of all E2 Countries below the video). Dual nationality is accepted and is how we started Visa Franchise in the first place. Brazil does not have an E2 visa treaty but Italy does. Many Brazilians can claim Italian citizenship through their great grandparents who emigrated from Italy. We have supported 70+ Brazilians with E2 visa passports from Italy, Argentina, Croatia, and other qualifying countries successfully move to the U.S.
Can a spouse get a green card if they are on an E2 visa?
The E2 visa spouse is eligible for work authorization and may receive sponsorship from a U.S. company for his/her green card. Here are a couple of options to consider:
Can an E2 visa be approved?
In working with an E2 visa attorney and qualified business plan writer, 100% of Visa Franchise clients with an initial denial have received a final approval after the second interview.
How to get an E2 visa?
To get an E2 visa, you must make an investment that is at risk and your investment funds must be irrevocably committed to the E2 business. Basically, what this means is that your investment funds must actually be spent on the business and cannot just be sitting in your operating account.
What are the requirements for an E2 visa?
There are 8 main requirements to qualify for an E2 visa: You must be a national of a country with an E2 treaty with the United States. You must have the intent to depart the US once your E2 status ends. You must make a substantial investment in a US company. Your E2 business must be an active, for-profit business.
How long is an E2 visa valid?
The length of time your E2 visa is valid for depends on the country issuing the visa. The period of visa validity generally ranges from 1 year to 5 years.
What is an EB-5 visa?
The EB-5 visa is an investment based immigrant visa. This means that it leads to a green card.
What business must be invested in for an E2 visa?
The business invested in for an E2 visa must be an active, for-profit, business . The business must conduct some sort of entrepreneurial activity.
How much investment is required for an E2 visa?
There is no set minimum investment amount to qualify for an E2 visa. Investments as low as $50,000 or even lower have qualified for E2. There is no limit to the number of times you can extend your E2 visa. Some E2 visa holders stay in the United States for 15 years or longer.
How much of a business is E2?
To qualify for E2, the business must be at least 50% owned by nationals of the treaty country. If less than 50% of the business is owned by nationals of the treaty country, it may still qualify for E2 if the business is restructured so that treaty nationals own at least 50% of the business.
When can I get an E-2 visa?
The CNMI-Only Investor (E-2) visa classification allows foreign, long-term investors to remain lawfully present in the CNMI through December 31, 2029, while they resolve their immigration status. This classification is intended to help as the CNMI transitions from the CNMI permit system to U.S. immigration laws.
How to apply for an extension of stay?
To apply for an extension of stay, you must file a new Form I-129 and Supplement E with the required evidence and fee.
Can I get an E2C visa if I am a CNMI investor?
You are not eligible for an E2C visa if you held one of the following CNMI investor statuses under CNMI Immigration law:
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 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-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.
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.
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 E visa?
Tags: E visa. There are a number of ways foreign nationals can enter the United States. One of these is by using a temporary non-immigrant visa. E-1 and E-2 visas are called “temporary worker” visas. E-type visas have specific application and requirement criteria.
What are the requirements for an E-2 investor?
General Qualifications of an E-2 Treaty Investor. The treaty investor must adhere to the following in order to qualify for E-2 classification : Be a national of a country with which the United States maintains a treaty of commerce and navigation.
How much of an enterprise must be owned by a non-immigrant?
Persons residing in the United States who have the nationality of the treaty country must own at least 50% of the enterprise or organization. This condition applies in scenarios where the principal alien employer is not an individual. Such owners must maintain non-immigrant treaty trader or investor status.
What are the qualifications for an E-1 trader?
In order to qualify for an E-1 classification, a treaty trader must: Be a national of a treaty country with which the United States maintains a current agreement of commerce and navigation.
How much does it cost to file an I-129?
Both visas require you to file an I-129 form, incurring the same basic filing fee of $460. If you are outside the U.S., then you will have to go through consular processing, which means you will need to file a DS-160 (which has a fee of $160) and go to a consular interview.
Can an E-2 stay in the US?
All E-1 and E-2 non-immigrants must intend to depart from the United Sates when their status is terminated or expires. Also, there is no limit to the number of granted extensions, so your stay in the U.S. could be indefinite as long as you can continue to show that you are developing your enterprise.
Is an E-2 visa cheaper than an E-1?
The E-1 and E-2 differ in cost only when you consider the investment amount for the E-2 visa. The E-1 does not require an up-front investment, so it is ultimately the cheaper visa. However, the filing process should cost you the same for both visas.
