The E-2 is a non-immigrant visa. It allows nationals of specific treaty nations to be admitted to the United States provided the purpose is for investment.
This investment has to be a considerable amount of capital in a U.S. business.
Eligibility Requirements
You qualify if:
- you are citizen of a country holding a qualifying treaty with the U.S.
- you have invested a substantial amount of capital in a bona fide enterprise in the United States or in process of doing so
- you are seeking to enter the U.S. only to develop and direct the investment enterprise by showing at least 50% ownership or operational control
What’s considered “substantial” depends on:
- a proportionality test (investment made should be substantial relative to the total cost of buying or creating that business)
- your financial commitment to the successful running of the enterprise
- your capability to contribute to the enterprise’s growth
Application Process
- Get the necessary licenses and permits and set up your business in the United States.
- Make a detailed business plan that includes information about your investment funds and how you plan to run your business.
- Move the money you are investing to a U.S. business account and keep proof of where the money came from.
- File your E-2 visa application with supporting evidence at the U.S. embassy/consulate in your country.
- Attend an in-person interview where you will need to show your commitment to the business venture.
If approved, the E-2 visa is initially granted for a 2-year period, which can then be renewed indefinitely in 2-year increments. This is subject to you maintaining the investment and business operations.
Main Benefits
Compared to other visa categories, the E-2 visa may be more advantageous for you:
- Your spouse can apply for work authorization to accept employment with any U.S. company
- Your unmarried children under 21 can attend U.S. schools without student visas
- There’s no set minimum investment amount like the EB-5 program
- You can hire qualified employees of the same nationality
- There’s no need to maintain residence abroad, you can relocate entirely to the U.S.
- Unlimited 2-year extensions are available if the business stays operational
- It could become a way to get permanent residency via EB-5 or other employment-based green cards
Consult an Immigration Lawyer
For the E-2 Visa, you need to prove the money came from a genuine, legal source.
To meet the visa requirements, you may need to show bank statements, tax returns, or other financial records that make it clear where the money came from.
This is where you’ll need an expert. An immigration lawyer can check to see if you are eligible, help you get the paperwork you need, and make sure you stay in the right status during the process and while you are in the U.S.
Contact Immigration Legal Center and get started on your E-2 Visa process.