These visas are granted to businessmen and women from a list of specific countries who plan to own and run a business. They are granted to individuals who demonstrate the capacity to invest significantly to ensure this company succeeds.
- The applicant must be a citizen of a treaty nation (please see link above).
- The company that the E-2 applicant is investing in must be owned by the applicant or be one that is at least 50% owned by other nationals of the applicant’s home country.
- If the applicant is not the owner of the company, he or she must be a key employee.
- Being a key employee can be difficult to demonstrate. The USCIS usually wants to see that you have the ability to control the company, through management, direction, hiring and firing.
- The investment, while there is no legal minimum, must be substantial and active. It must be able to cover the costs of running the business and ensuring its success.
- The profits of this business must not be “marginal”, meaning they should be larger than merely what is needed to provide for the lifestyle of the investor. The company should produce enough profits to benefit others.
- The company must be actively engaging in trade or services. Stock investments, money market investments, etc. do not suffice.
- The applicant must signal that at the expiration of the E-2 visa, he or she intends to leave the United States.
What are the benefits of an E-2 Visa?
- E-2 visas are initially be granted for up to five years, during which time the visa holder may travel freely in and out of the U.S.
- An E-2 visa can be renewed for two-year increments as often as the applicant applies. This can allow the Investor to remain in the US to oversee the business.
- An E-2 visa holder will can legally work in the United States for the business he has invested in.
- An E-2 visa holder’s spouse and unmarried minor children are also granted visas. The spouse may apply for permission to work in the United States – even at a different business.
How can I present a business plan that leads to an E-2 visa?
Your business plan will make all the difference in your application. The United States Citizenship and Immigration Services (USCIS) agency will scrutinize your plan to make sure you qualify.
This must be a real, bona fide, active business. If it already exists, do you have annual reports? A website? Tax returns? Advertisements? Are you a key employee? If it is a new business, do you have a detailed business plan showing realistic goals to make more than marginal profits?
There is no minimum dollar amount written in law, but we advise that applications with investments under $150,000 USD are often rejected.
The team at VISAS-USA can help you present your investment and business plan in the most favorable way.
E2 Visa Fees
- Filing Fee – Regular $460
- Filing Fee – Premium $2,960
"I am indebted to VISAS-USA for their great work in getting my O Visa."Karina Vence, Dinastia Market
"The VISAS-USA team did everything possible to get my Permanent Residency through a National Interest Waiver application."Jorge Becerra, Piloto
"The advice of VISAS-USA was essential to establish the best strategy to achieve it."Facundo Bermejo, eVent Medical
Can I apply for a Green Card while holding an E-1 visa?
Yes, you may apply for Green Card in one of the following ways:
Family Based Immigration: Any family member who is a U.S. citizen or permanent resident may apply for you.
Employment Based Immigration (Labor Certification): You may find an employer who is willing to file a Labor Certificate for you with the Department of Labor
EB-1: You may also file an immigration petition based on the classification of Extraordinary Ability – EB-1A, or as a Multinational Executive or Manager – EB-1C
Can my dependents work or go to school on an E-2 visa?
Can I bring my family on an E-2 visa?
You may bring your spouse and unmarried minor children. They may stay in the U.S. as long as you maintain your status.
Are there any travel restrictions on an E-2 investor visas?
No, there are no travel restrictions on E-2 visa. You may travel freely.
What can I do with an E-2 visa?
Work legally in the company in which you’ve invested
Travel freely into and out of the U.S.
Stay in the U.S. with unlimited two year extensions as long as you maintain status
Bring your family, and your spouse may also work while in the U.S.
What is a substantial investment?
The U.S. Government has not set a precise minimum amount. Many attorneys recommend an investment of at least $200,000 USD, but each business is different.
Who qualifies for E-2 visa?
A foreign national of a country that has an investor treaty with the U.S.
A company employee working in a supervisory or executive capacity that involves skills essential to the operation of the business, or a 50% owner of the company
Foreign nationals who own at least 50% of the stock of the U.S. company
A person who has invested a substantial amount that is at risk, which faces potential loss if the business fails
The U.S. business will involve in active trade or services
The visa holder intends to depart at the conclusion of his work in the U.S.
What is the E-2 treaty investor visa?
The E-2 treaty investor visa is granted to foreign entrepreneurs from treaty nations who intend to enter the U.S. to engage in trade and investment. This can include the purchase of a new business.