E2 VISA

The E2 visa offers an excellent opportunity for investors and entrepreneurs who wish to reside in the United States, establish a business, and actively work for their enterprise.

In this comprehensive guide, We will provide you with all the essential information you need to know about the this type of visa.

What is the E2 Visa?

The E2 visa pertains to a non-immigrant visa category designed for individuals who are investors, entrepreneurs, or seeking to manage a business in the United States. By obtaining an E2 visa, individuals are allowed to initiate a business venture or invest in an existing US enterprise and also work for that particular business.

To acquire an E2 visa, it is necessary to make a significant capital investment into a US-based business and actively oversee its growth and development. The eligibility for an E2 visa extends to both initiating a new business venture or investing in an already established enterprise.

It should be noted that the E2 visa is solely available to individuals from specific countries that maintain an E2 treaty with the United States. The qualifying countries for the E2 visa will be discussed further below.

The E2 visa holds no limitations regarding the number of times it can be renewed. As long as the E2 business continues to operate and satisfies the requirements of the visa, individuals holding an E2 visa can continue renewing their visa, thus enabling them to reside and work within the United States.

Advantages of an E2 Visa

Obtaining an E2 visa presents several benefits:

1. By acquiring an E2 visa, you gain the opportunity to establish a business within the United States and actively participate in its operations.
2. In addition to the primary applicant, your spouse and unmarried children under the age of 21 can also be eligible for E2 visas.
3. Your spouse has the option to apply for work authorization, enabling them to seek employment in the United States.
4. Your children can enroll in schools located in the United States, facilitating their educational pursuits.
5. The E2 visa does not impose a fixed minimum investment requirement for qualification. Investments as low as $50,000 or potentially even lower have been deemed sufficient to meet the E2 visa criteria.
6. There is no restriction on the number of times you can extend your E2 visa. Certain E2 visa holders have resided in the United States for periods exceeding 15 years.
7. Unlike other non-immigrant visas, an E2 visa does not necessitate the maintenance of a foreign residence as a prerequisite for approval.

Requirementsof E-2 visa

To qualify for an E2 visa, there are eight primary requirements that must be fulfilled:

1. You must hold the nationality of a country that maintains an E2 treaty with the United States.
2. It is necessary to demonstrate the intention to depart the United States upon the expiration of your E2 visa status.
3. A substantial investment in a US company is required to meet the E2 visa criteria.
4. Your E2 business must be an actively operating enterprise intended for profit.
5. The business in which you invest must not be classified as a marginal enterprise.
6. Your purpose for entering the United States should be to actively manage and expand your E2 business.
7. The source of your investment funds must be lawful.
8. The investment you make must be fully committed to the E2 business and entail a level of risk.

Qualifying Treaty with the United States

A valid E2 treaty must exist between the United States and the country of nationality of the E2 investor.

We present to you a list of countries that have established an E2 treaty with the United States:

E2 Visa Processing Time:

The E2 visa process consists of three main stages that determine the overall duration:

1. Document Gathering:

After engaging an immigration attorney, they will assess your case and provide you with a list of necessary documents for your E2 visa application.

The document gathering stage typically takes around one month, although the timeline may vary depending on individual circumstances.

2. Legal Preparation:

Once you submit the required documents to your immigration attorney, they will require approximately two weeks to prepare and finalize your E2 petition before submitting it.

3. Consular Processing or Change of Status:

Your application will be forwarded to the US consulate in your home country for consular processing. Alternatively, if you are already in the US, you can opt for a change of status by submitting your application to USCIS. Consular processing generally takes about 2-3 months.

Change of status through USCIS also takes approximately 2 to 3 months. However, you have the option to expedite the process by paying an additional fee of $2,500.00 for premium processing. This will reduce the total processing time to 15 calendar days. It’s important to note that a request for additional evidence (RFE) can potentially extend the processing time.

With a valid E2 visa, you have the flexibility to exit and re-enter the US, which allows you to obtain an additional 2 years of status.

There is no limit to the number of times you can renew your E2 visa.

As long as your company continues to meet all the necessary E2 visa requirements, you can renew your E2 visa indefinitely.

Transitioning from E2 Visa to Green Card:

The E2 visa falls under the non-immigrant visa category, signifying its temporary nature and the fact that it does not directly lead to a green card.

To obtain a green card, you will need to apply for an immigrant visa or adjust your status to an immigrant category.

It is important to remember that the E2 visa necessitates the intention to depart the United States once your E2 status is terminated.

However, approval for an immigrant visa petition does not automatically result in the denial of E2 status.

This implies that you can apply for an immigrant visa or adjust your status while holding an E-2 visa.

Having covered these fundamental aspects, let us now delve into the various options available for obtaining a green card.