Full Answer
Who is eligible 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.
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.
What is an E2 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 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 money do you 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 long is E2 visa valid?
E2 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.
Can you work in U.S. 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 long does E2 visa take?
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 apply e2 by myself?
Yes, you need to employ other people, eventually, but not at the time of application, especially as a startup. The way to demonstrate that your business is marginal is with your business plan. See FAM Link.
Can spouse of E2 visa holder work?
As the E-2 visa holder you are only permitted to work for the E-2 company, however your spouse can work for any employer or even be self-employed. An Employment Authorization Document (EAD) is the document that allows an E-2 visa spouse to work in the U.S. and the document usually takes 90 days to arrive.
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.
How many times can you renew an E-2 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 I get SSN with E-2 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).
Can an E visa apply for green card?
To qualify for a green card, the applicant must have an immigrant visa already, and applications are made to U.S. Citizenship and Immigration Services (USCIS).
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.
What is an E2 Visa?
If you want to know ‘what is an E2 visa’, keep in mind that an E2 visa permits an individual to enter and work inside the premises of the United States on the basis of the investments they will be controlling being in the state. The locals qualifying for the treaty countries who have already made a subsequent investment to the United States qualify for the E2 treaty visa.
Who Uses E2 Visas?
Usually people who question, ‘what is an E2 visa?’, also want to know about the ones who use it. So let’s identify who uses it.
What is an active enterprise?
The investor will require an active enterprise having active management. An active enterprise directs and develops the investment.
How long does an E2 visa last?
In order to learn, ‘what is an E2 visa?’, you should also know about its time limit and lasting status. Generally, the E2 status lasts for two to five years. But you can always get it renewed when it gets expired.
Is there a cap on E2 visas?
The E2 visa is a primary investor visa. Also, there is no annual cap or quota which is why the E2 visas are infinite in the number available.
Can E2 visa holders study in the US?
The E2 visa holders and investors are allowed to study in the US.
Can an E2 visa be extended?
The E2 visa can be extended as long as the E-visa enterprise operates.
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.
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.
Introduction
In 2014, I discovered the most direct path for foreign entrepreneurs to move to the United States–the E2 Investor Visa. That is, a little-known U.S. immigration path to me at the time, the E2 investor visa, had been used by millions of U.S. immigrants.
E2 Investor Visa
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.
E2 Visa Investor: What Type are You?
Now that you know the requirements for the E2 visa, you should think about what type of investor you are. We tend to see two types of E2 visa investors:
E2 Visa Business For Sale Process
Compared to American business buyers, there is often greater urgency to close the business transaction in order for the investor to apply for the E2 visa. At the same time, the E2 visa approval process depends on the local U.S. consulate or USCIS.
E2 Visa Business For Sale Process
The foreign franchisee goes through the similar process as an American franchisee. The main difference is applying for the visa and, in most cases, opening the franchise after the visa approval. Again, for prospective franchisees who have the funds available and set date to move to the U.S., the process generally take three to six months.
The E2 Visa: Free Guide Available
Are you interested in the E2 Visa to move to the U.S.? Download our free brochure to see if it is a strong option for your U.S. investment immigration goals!
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.
