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
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 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 long can an E-2 visa be issued for?
Lastly, E-2 visas may be issued for as long as five years (depends on country of citizenship) if applied for at a Consulate or 2 years if applied for in the USA, but can be renewed indefinitely as long as the business is operating and if the applicant meets all of the qualifications.
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.
What is the meaning of E2 visa?
What is an E-2 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.
What is the difference between E 1 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.
How long is E2 visa 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. Generally, there are two ways to file the extension of status.
Can E2 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.
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).
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.
How much does E2 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.
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.
Does E2 visa require an interview?
If you qualify, the process is relatively simple. You need to file an I-129 petition with the USCIS along with all of the evidence you need to support your investment and your enterprise. If your petition is approved, you may be asked to appear for a one-on-one interview with a consular officer.
How fast can you get an E2 visa?
The processing time for an E2 visa varies by Consulate anywhere from about two weeks to four months. After an initial review is completed, the Consulate will set up an interview with the applicant. If the E2 visa is approved, it may take up to a week for the visa itself to be issued.
How long does it take to approve an E2 visa?
Processing time is normally 7-10 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.
Can you work in US 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 much does E2 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 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.
What can you do with a 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 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.
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.
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 E-2 Visa?
The E-2 visa is an investment-based nonimmigrant visa for entrepreneurs who want to come the United States to open and operate a business. The regulations refer to it as a “Treaty Investor Visa” and this simply means that there must be a treaty between the investor’s country of origin and the United States that allows the investor to apply for the E-2. As mentioned above, China, India, Russia and Brazil are a few of the larger countries not eligible.
Why is E-2 approval important?
Because E-2 approval is reliant on the development of a business, the entire process requires complex calculations, market research and advanced planning. As such, interested parties are encouraged to consult with legal counsel and advisors as early on in the process as possible.
What is the first eligibility criterion for a visa?
The first eligibility criterion is the nationality of the investor. Only investors from countries on this list are eligible to apply for the visa. Once treaty eligibility is established, the investor must satisfy several more criteria. An analysis of these criteria is below:
E-2 Visa Requirements
E-2 visas call for applicants to meet several major pre-required stipulations. Some of those requirements may be outside of a person’s control –– such as their citizenship in a given country, for instance. To qualify for an “E” visa in general, an applicant must meet the following criteria:
E-2 Visa Countries
The U.S. has trade treaties with dozens of countries around the globe. From Albania to Tunisia, to Jamaica and Japan, citizens from many different nations have the ability to apply for E-2 visas. However, not all countries have identical agreements with the U.S.
E2 Visa Application Process
The application process for the E visa includes filing a petition with the USCIS or U.S. Consulate. If filed with the USCIS, the application waiting period is generally several months. The USCIS also offers an option for premium processing. For a $1,225 fee, the USCIS will process the petition in 15 days. If filed with a U.S.
E-2 Visa to Green Card Transition
The E-2 visa is a nonimmigrant visa, which means that those who apply for it won’t have the easiest path toward securing a green card. However, that doesn’t mean that individuals with an E-2 visa can’t extend their stay in the United States; nor does it mean they don’t have other methods to acquiring a green card.
E-1 vs E-2 Visa
Though E-1 and E-2 visas share some common aspects, there are significant differences between the two. Indeed, though both require treaties between the U.S. and an alien’s country of citizenship, the list of E-1 and E-2 visa countries are not identical. Here’s a closer look at what an E-1 visa entails and how it differs from E-2 visas:
Applying For An E-2 Visa
Applying for an investment visa is a difficult process fraught with nuances and subtleties. Of course, the more you know about the differences between visas, how to apply correctly, and the nature of visa requirements, the better chance you have at successfully gaining a visa for yourself.
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.
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.
What is an E-2 Visa?
The E-2 Treaty Investor Visa is designed to facilitate investment and trade with the United States. This temporary visa allows entrepreneurs and investors from certain countries to live and work in the U.S. to develop either a new or existing business . It is also available to executives, managers, and employees with specialized skills from qualifying countries . This visa is usually valid for two years and can be renewed indefinitely as long as it continues doing business in the U.S. and meets other visa requirements. There is no cap on the number of E-2 visas that can be issued in a year.
How much does an E-2 visa cost?
The E-2 visa application fee is $205 and must be paid whether your visa is approved.
What is the Processing Time for an E-2 Visa?
Because there are so many consulates that process E-2 visas, visa processing times vary greatly, but they span from a few days to several months. E-2 visa renewal applications are typically processed more quickly than initial applications.
How many countries have E-2 visas?
There are over 75 countries that have signed treaty investor agreements with the U.S. You must be a citizen of one of those countries to qualify for an E-2 visa. Two notable countries that do not have such a treaty with the U.S. are India and China.
How long do you have to wait to get an E-2 visa?
Depending on the consulate, you might be able to schedule your appointment only a few days in advance. You might have a waiting time of several weeks with other consulates.
What are the requirements for an E-2 visa?
Although these two types of E-2 visas have different requirements, they are both subject to the nationality requirement, meaning the E-2 employee must have the same nationality as the E-2 investor/emplo yer and they must intend to depart the U.S. when the E-2 visa is terminated . Additionally, if the E-2 investor/employer is living in the U.S., he/she must be maintaining valid E-2 status.
What is required to be considered an E-2 employee?
An applicant seeking E-2 classification as an essential employee must demonstrate specialized and unique knowledge or skills that are essential to the success of the E-2 business. The applicant must be able to prove that their skills are specialized and that they have unique expertise that is necessary for this specific E-2 business. Other factors to consider are the salary offered for the position, the amount of experience or training that is required to gain the expertise, whether U.S. workers would be likely to have the skills or expertise and how long the business will need the employee for.
What is essential for an E-2?
An applicant seeking E-2 classification as an essential employee must demonstrate specialized and unique knowledge or skills that are essential to the success of the E-2 business. The applicant must be able to prove that their skills are specialized and that they have unique expertise that is necessary for this specific E-2 business.
What is an E-2 supervisor?
An E-2 applicant who seeks to be classified as a manager, executive or supervisor must demonstrate that he/she is primarily performing executive or supervisory tasks and has a high degree of responsibility within the organization, as well as control over the entire company or over key functions of the company.
What is important to take into account when applying for an E-2?
One important thing to take into account is how long the applicant would like to work at the E-2 business. E-2 applicants and employers should examine their situation and determine if they will need the employee in the short-term or the long-term.
Can an E-2 be used for long term employment?
It can be more challenging for the applicant to show that their skills are essential in the long-term, as this requires the E-2 company and the applicant to prove that the skills will be needed continuously and are specialized to the extent that a U.S. worker could not be trained to take over the position. However, E-2 employers may be able ...
Do employers need to show E-2?
However, E-2 employers may be able to show that the applicant is needed on a long-term basis if the applicant is involved in the creation of a specialized product or can provide skills or expertise that are not readily available in the U.S.
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.
