E-2 visa

  1. Home
  2. »
  3. Practice Areas
  4. »
  5. Employment-Based Visas
  6. »
  7. Nonimmigrant Visas
  8. »
  9. E-2 visa

The E-2 visa is a nonimmigrant visa for individuals from treaty countries who wish to invest a substantial amount of capital in a U.S. business. It allows foreign investors and their employees to live and work in the United States to manage and develop their investment. The E-2 visa is designed to promote economic growth and job creation in the U.S.

Key Features and Requirements of the E-2 Visa:

  1. Nationality:
    • The applicant must be a citizen of a country with which the United States maintains a treaty of commerce and navigation.
  2. Investment:
    • The applicant must invest a substantial amount of capital in a bona fide enterprise in the United States. There is no minimum investment amount specified, but it must be substantial in relation to the total cost of either purchasing an established business or establishing a new one.
  3. Real and Operating Enterprise:
    • The investment must be in a real and active commercial or entrepreneurial undertaking. It cannot be a marginal enterprise solely for earning a living.
  4. Control of Funds:
    • The investor must be in control of the funds, and the investment must be at risk, meaning the capital is subject to partial or total loss if the business fails.
  5. Intention to Depart:
    • The applicant must intend to depart the U.S. when their E-2 status ends.
  6. Employee Criteria:
    • Certain employees of the E-2 investor or of a qualifying organization may also qualify for E-2 visas. These employees must be of the same nationality as the principal alien employer and must either be in a supervisory or executive role or possess skills essential to the successful operation of the enterprise.

Application Process:

  1. Filing with USCIS:
    • If the applicant is in the U.S., they may apply for a change of status to E-2 by filing Form I-129 with U.S. Citizenship and Immigration Services (USCIS).
  2. Consular Processing:
    • If the applicant is outside the U.S., they must apply for an E-2 visa at a U.S. Consulate or Embassy in their home country. This involves submitting the required documentation and attending a visa interview.

Validity and Extensions:

  • E-2 visas are typically issued for up to two years and can be extended indefinitely in two-year increments, provided the investment enterprise remains operational and the visa holder continues to meet the eligibility criteria.

Benefits of the E-2 Visa:

  • Allows investors to live and work in the U.S. to develop and direct their investment.
  • They need not have the same nationality as the treaty investor or employee. Spouses and unmarried children under 21 of E-2 visa holders can accompany them to the U.S. Spouses are considered employment authorized incident to status, and children may attend school.
  • No annual cap on the number of E-2 visas issued.

Typical Candidates for E-2 Visa:

  • Entrepreneurs and investors from treaty countries looking to start or purchase a business in the U.S.
  • Employees of E-2 companies who are essential to the operation of the business and share the same nationality as the principal investor.

The E-2 visa provides a flexible option for foreign investors and entrepreneurs from treaty countries to live and work in the U.S., fostering economic growth and creating jobs.

CONTACT US