Visa-Faq.com

what is e2 visa usa

by Dr. Josephine Graham I Published 2 years ago Updated 1 year ago
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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.

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.

More items...

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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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.

Is E2 visa a 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.

How long is the E2 visa valid for?

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.

Is E2 a work visa?

The E-2 Investor Visa allows an individual to enter and work in the United States based on an investment in a U.S. business. The E2 visa is valid for three months to five years (depending on the country of origin) and can be extended indefinitely.

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.

Are E2 visas hard to get?

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 much investment is required for E2 visa?

The 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 single entry?

A single entry E-2 Visa will allow you to get into the country only one time. Once you depart you will be required to apply again at the embassy in your country. With a multi-entry E-2 Visa you will be permitted to enter the U.S. as many times you like within the period of validity of your E-2 Visa.

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.

Can my wife work on E2 visa?

Spouses who wish to work may apply for work authorization by filing the form I-765 with USCIS. If approved, there is no specific restriction as to whether they may work.

Can I bring my parents on E2 visa?

The spouse and sons and daughters of an E2 visa holder are allowed to accompany the holder to the US if they apply for an E visa. The E visa is specifically designed to allow family members of E1 and E2 visa holders to accompany the visa holder.

How can I get green card through E2 visa?

One of the most common ways to obtain a Green Card for an E-2 Visa holder is through a job offer from a U.S.-based employer either for the investor directly or for his spouse. An Employer can viably sponsor an E-2 Visa holder in either the second or third preference categories.

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.

Which visa can be converted to green card?

If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country.

Can I get SSN with E2 visa?

The E2 visa provides many immigration benefits for an E2 investor, their spouse, and their children. The spouse of an E2 investor is eligible to apply for work authorization (EAD). Once work authorization is approved, an E2 visa spouse may also be eligible to apply for a Social Security Number (SSN).

How can I get EB2 green card?

To receive an EB2 visa, you must complete a PERM labor certification (unless you are in the national waiver category), a immigrant petition, and apply for an immigrant visa or adjustment of status.

What is the E-2 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...

What are the E2 requirements?

Some of the key criteria that determine your eligibility include: whether you’re part of an existing treaty between the US and the country of your...

How much do I need to invest in for the E2?

While there’s no set investment amount, generally it’s recommended to aim for $100,000. Note, applicants have invested less and gotten their E-2 vi...

Are my family members covered in the application?

Your spouse and children under the age of 21 are included in your application and can accompany you to the US.

Do I need to be in the United States to apply?

No, you don’t need to be in the US to apply for the E2. Rather, the application can be lodged remotely.

Where do I apply for the E2?

You have two options when it comes to filing visa applications. You can either apply at a American consulate of the country of nationality or resid...

Are there any travel restrictions in place under the E2 visa scheme?

No, there are no travel restrictions in place. You can enter and leave the US as you wish, provided that your visa category is kept.

Can I get legal permanent residency with the E-2 visa?

Under U.S. immigration laws, yes, it’s possible to apply for a green card and become a permanent resident, although indirectly, and without risking...

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.

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.

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.

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 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 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 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 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.

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 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?

Treaty Trader (E-1), Treaty Investor (E-2), Employee of an E-1 or E-2, Australian Specialty Occupation Worker (E-3) The E category includes treaty traders, treaty investors, and certain nonimmigrant employees of such people (and their spouses and children) who come to the U.S. under a treaty of commerce and navigation between the U.S.

Who is eligible for E-1 or E-2?

In addition, the spouses and children of these people, as well as treaty traders and investors, are also eligible for E-1 or E-2 classification, respectively. E-1 and E-2 spouses are also eligible to apply for employment authorization. Before entering the U.S., treaty traders or investors and their nonimmigrant employees must apply for ...

What is the I-9 form?

In Section 1 of Form I-9, Employment Eligibility Verification, the employee in E status should check, “An alien authorized to work” and enter the admission number and expiration date of their status as indicated on Form I-94, Arrival/Departure Record. When presented together, the unexpired Form I-94 and unexpired foreign passport is an acceptable List A document. For completing Section 2 (or Section 3 for reverification), employers should follow the applicable instructions.

Can a non-immigrant spouse work with a USCIS?

E nonimmigrant spouses are only authorized to work if USCIS has issued Form I-766, Employment Authorization Document, to them. The spouse’s foreign passport and Form I-94 are not evidence of identity and employment authorization for purposes of Form I-9.

Can a nonimmigrant file an extension of stay in E-1?

However, a U.S. company may also request a change of status to, or an extension of stay in, E-1 or E-2 classification for a nonimmigrant that is already in the United States. USCIS processes change of status and extensions of stay requests for nonimmigrants whose companies have filed such petitions.

Can a nonimmigrant get an E-1 visa?

Before entering the U.S., treaty traders or investors and their nonimmigrant employees must apply for and receive an E-1 or E-2 visa from a U.S. Consulate or Embassy overseas and subsequently be admitted to this country by CBP. However, a U.S. company may also request a change of status to, or an extension of stay in, E-1 or E-2 classification for a nonimmigrant that is already in the United States. USCIS processes change of status and extensions of stay requests for nonimmigrants whose companies have filed such petitions.

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