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what is an e2 visa in america

by Shanon Grant Published 3 years ago Updated 2 years ago
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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 much to invest for an E-2 visa?

E2 visa requirement:

  • Be a citizen of a country that has signed a treaty with USA.
  • Requires investor's investment be typically over US $150K with minimum 50% ownership.
  • Move to US to establish and manage the business.
  • Generate significant returns for investors and economy - employing US workers.
  • Funds must be "at risk"

What is considered an investment for an E2 visa?

  • The regulations state that the investment must be “substantial.”
  • I typically recommend that your investment should be at least $100,000 to $150,000 or more.
  • However, I have seen investments for less than this qualify.
  • To determine whether your investment is substantial, a proportionality test is used.

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How much investment is required for the E2 visa?

  • 75 percent investment in an enterprise costing $500,000 or less. If the cost of the enterprise is substantially lower than $500,000, 85 percent to 100 percent investment may be required.
  • 50 percent investment in an enterprise costing more than $500,000 but no more than $3 million.
  • 30 percent in any enterprise costing more than $3 million.

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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.

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.

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.

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 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.

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.

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.

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, ...

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.

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:

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.

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 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.

What is the E2 visa USA?

An E-2 investment visa is considered an entrepreneurial undertaking, one which welcomes qualifying investors to place capital, including funds and other assets, in the U.S, with the aim of generating a profit. The investor must establish a business venture, or buy an existing business.

What is an E-2 investment visa?

An E-2 investment visa is considered an entrepreneurial undertaking, one which welcomes qualifying investors to place capital, including funds and other assets, in the U.S, with the aim of generating a profit. The investor must establish a business venture, or buy an existing business.

What is the difference between EB-5 and EB-5?

The key difference is that the EB-5 is designed to give the principal applicant the opportunity to secure a permanent green card, with citizenship possible after a set number of years.

What are the disadvantages of E2?

Disadvantages include: The program isn’t open to everyone. Rather, only nationals of countries with investment treaties with the U.S qualify (more on this below). You can only work for the specific employer or self-owned business that acted as your E2 visa sponsor.

How long does it take to change visa status?

A change of status through USCIS takes around 2-3 months. By paying an extra $2,500 you can go through premium processing. Meaning, the processing time is cut back by 15 business days.

What is an investor visa?

They’re known as Investor Visas that allow an individual to enter and work in the United States lawfully, provided that a qualifying investment in a U.S. business is made.

How often is an E visa approved?

The e visa category is approved every two-years, with extension only possible if you maintain your investment activities in the country.

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.

Who is Eligible for an E-2 Visa?

Citizens of countries that hold an E-2 Visa treaty with the USA may be eligible to apply for a US residency visa via a business investment. As it currently stands, over 80 countries across the world hold this treaty, but the terms and validity of the visas vary depending on each countries personal agreement.

How Much does an E-2 Visa cost?

Applicants need to invest in a US business of which they own at least a 50% share of. There is no official minimum investment amount stipulated, however it is advisable to invest approximately $100,000 + to ensure an application is successful.

What type of business do I invest in?

Visa applications based on business franchise models tend to have the highest approval rate in this category. Many foreign investors tend to favour a franchise opportunity as they like the concept and security of investing in an already established brand.

How long does the process take?

The E-2 visa process will take roughly two-three months and applicants will be issued with a residency visa based on the terms that their home country holds with the US. Should applicants need to firstly apply for CBI in another country, this application may also take around three-six months.

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 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.

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.

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