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Introduction

Navigating the complex world of visas can be tricky, but the E-2 visa is popular among those who want to invest in the United States. The E-2 visa provides individuals from select countries the opportunity to invest considerable capital into a United States business and obtain a visa to work and live in the U.S. 

In this complete guide to the E-2 visa, we will cover everything you need to know about this unique visa category, including eligibility, the application process, and tips for obtaining a successful application. Whether you are a business owner trying to expand into the U.S. market or an investor looking for new opportunities, the E-2 visa could be the answer.

What is the E-2 Visa?

The E-2 visa, or Treaty Investor visa, allows citizens of specific countries to live and work in the U.S. through investing in an American business. It is intended for individuals who desire to open or lead a business in the U.S.

To be eligible, the applicants must be a citizen of a treaty country who invests a significant amount of capital in a real and active business (typically around $100,000 or more). E-2 status is renewable indefinitely, as long as the company continues to operate and meets the legal requirements.

Over 40,000 E-2 visas are issued every year, and the most issued to investors are from Japan, the UK, Germany, and Canada. The E-2 visa allows your spouse and children to accompany you to the U.S., and your spouse can qualify for work authorisation.

The E-2 Visa is a flexible option for investors to establish or expand their active business presence in the United States.

Who is Eligible for the E-2 Visa?

To qualify for the E-2 Visa, you must satisfy specific conditions determined by U.S. immigration authorities. Here's what is necessary:

• Citizenship of a Treaty Country: You have to be a national of a member country in a valid E-2 treaty with the United States.
• Significant Investment: You must make an investment of a considerable amount of capital (typically at least around $100,000) into a bona fide & active U.S. enterprise, and the investment must be sufficient to guarantee the success of the business.
• Ownership or Control: You must own at least 50% of the business or have operational control of the company in a position of management.
• Active Participation: "The investor must actively be involved in developing & directing the enterprise, not just be a passive investor & owner."
• Lawful Source of Funds: The funds must come from a lawful source and be able to be traced.
• Business Must Be Viable: The company must generate sufficient income to support the treaty investor and their family or have the potential to do so.

The E-2 visa category is open to new or existing businesses, which makes it an ideal reentry option for those considering a startup.

Eligibility Criteria for the E-2 Visa

To be eligible for the E-2 Visa, individuals must satisfy the following requirements:

• Nationality: You must be a citizen of a nation with which the United States maintains an E-2 treaty.
• Investment Amount: You must invest a substantial amount into a legitimate enterprise in the U.S. There is no set amount, but it should generally be $100,000 or more, depending on the business type.
• Active Business: The investment must be in a real, commercially viable business. This means you can't invest in a passive or speculative business.
• Ownership or Control: You must own at least 50% of the business or exercise operational control through a management or executive position.
• Lawful Source of Funds: The money invested must come from a legal and traceable source.
• Intention to Depart: You must attest that you will leave the U.S. upon termination of your E-2 status.

These qualifications ensure that the E-2 Visa is exclusively available to legitimate investors who are directly linking their business investment capital with the U.S. economy and job creation.

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How to Apply for the E-2 Visa

The process for applying for an E-2 Visa includes various steps in order to demonstrate your eligibility and investment. Here is a straightforward outline of each step: 

1. Select an E-2 U.S. Business: Choose an existing business or start a new one in the U.S. to which you plan to invest. 
2. Make the Investment: Make a sizeable capital investment in the business. The investment must be made and committed to before applying. 
3. Collect Documentation: Collect all of the proper documentation. Documentation should include proof of investment, business registration, financial statements, etc., and a detailed business plan that demonstrates the potential for growth and job creation. 
4. Submit DS-160: Fill out and submit the Online Nonimmigrant Visa Application (Form DS-160) available on the U.S. Department of State website. 
5. Complete DS-156E: If you are a treaty investor, also complete the Form DS-156E (Nonimmigrant Treaty Trader/Investor Application). 
6. Schedule an Interview: Make an appointment at your U.S. Embassy or Consulate in your home country. You will be required to provide all of the documents outlined above.
7. Book Your Visa Interview: Schedule your appointment with the U.S. Embassy or Consulate in your country and gather all required documents.
8. Go to the Interview: The consular officer will go over your case and could ask you questions about your investment, business operations, and plans in the U.S.

If successful, you will get your E-2 Visa to come to and oversee your business in the U.S. The Visa is typically valid for two to five years and can be renewed as long as the company is still active.

How Long Does It Take to Process an E-2 Visa?

The time frame for E-2 Visa processing can differ based on where you apply and your case complexity. However, the average waiting time is from 2 months to 4 months from the date of application until you receive a decision from U.S. immigration officials. Here is a general breakdown: 

• U.S. Consulate Processing: 

If you are applying abroad from outside the U.S., it typically takes an embassy between 6 and 10 weeks to respond with their scheduling and completion of the visa interview after the application is submitted.

• Change of Status (the U.S.): 

If you are already in the United States, which is typically the case when applying through USCIS, the average waiting time is approximately 2 to 3 months. Premium processing, which is an optional speedier option for an additional fee, may help the wait be as short as 15 calendar days. 

Please keep in mind that delays are possible if the agency requests additional documents, security checks, or if there is a high volume of applications. Preparing an application that is complete and correct will help to avoid unnecessary delays and will expedite approval.

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Application Process & Forms for the E-2 Visa

The E-2 visa process involves various key steps and forms to demonstrate your eligibility as an investor. Here's a brief overview: 

=> Make a Qualifying Investment:

Invest a substantial sum of money into a real and operating business in the U.S. The investment must be at risk and not just be held in a bank account. 

=> Collect Supporting Documents:

Make the appropriate copies of your passport, proof of investment, business registration, and financial records, and prepare a business plan showing the potential for growth and job creation.

=> Complete Required Forms:

• Form DS-160: Online Nonimmigrant Visa Application — required for all visa applicants.
• Form DS-156E: Nonimmigrant Treaty Trader/Investor Application — specific to E-2 investors and their employees.

=> Visa Application Fee Payment:

Pay the non-refundable visa application fee, typically about $315, but please verify with your country, as fees vary.

=> Schedule and attend an interview: 

Make an appointment with your nearest U.S. Consultation or Embassy. You will then need to explain the business plans, investment details, and your role with the company during the interview.

Once approved, the E-2 Visa will be issued, approximately valid for 2-5 years, and you will be free to begin running your business operations in the United States.

Conclusion

The E-2 Visa presents an ideal opportunity for entrepreneurs and investors from treaty nations to reside and work in the United States while running their own business. It allows for flexibility in starting and managing a new business or investing in an existing business and is indefinitely renewable, assuming the business operates profitably and successfully. 

With adequate planning, a viable business model, and a strong submission, the E-2 Visa can provide you with a pathway to establishing long-term business advancement and international growth in the United States. For many investors, it is not just a visa - it is a way to create a platform for future professional and personal success in one of the largest markets in the world.

Frequently Asked Questions

1. What is an E-2 Visa?

The E-2 Treaty Investor Visa allows individuals from countries that have a trade agreement with the United States to invest in and manage a U.S. business. It's a nonimmigrant visa, meaning it doesn't directly lead to permanent residency. However, it allows the investor and their family to live in the U.S. while managing their enterprise.

2. Who is eligible for an E-2 Visa?

Applicants must be citizens of a country that maintains a treaty of commerce and navigation with the U.S. They must invest a substantial amount of capital in a genuine U.S. business. The investor must also intend to enter the U.S. solely to develop and direct the enterprise.

3. How much money is required for an E-2 Visa investment?

There's no fixed amount, but typically investments range between USD 100,000 to 200,000. The investment must be enough to ensure the business's success and demonstrate the investor's financial commitment. It must also come from legitimate, verifiable sources.

4. What types of businesses qualify for the E-2 Visa?

Any lawful, active, and profit-generating business may qualify, including startups, franchises, or existing enterprises. The company cannot be "marginal," meaning it must generate more than enough income to support the investor and their family. Passive investments like real estate or stocks do not qualify.

5. Can I start a new business for the E-2 Visa?

Yes, many applicants establish new U.S. companies and invest the required capital. The business must be operational or close to being operational at the time of application. A detailed business plan outlining job creation, revenue, and operations is crucial for approval.

6. How long is the E-2 Visa valid?

The E-2 Visa is typically issued for two to five years, depending on the applicant's nationality and treaty agreements. It can be renewed indefinitely as long as the business remains active and profitable. Many E-2 holders stay in the U.S. for several years through consistent renewals.

7. Can E-2 Visa holders bring their family members?

Yes, spouses and unmarried children under 21 years old can accompany the investor to the U.S. under E-2 dependent status. Spouses are allowed to apply for work authorisation, while children can attend school or university.

8. Can I work for another company while on an E-2 Visa?

No, E-2 visa holders can only work for the specific business associated with their visa approval. If you wish to start or invest in another company, you must apply for a new E-2 Visa or an amendment. Working outside your authorised business violates visa conditions.

9. Can E-2 Visa holders apply for a Green Card?

The E-2 Visa does not provide a direct path to permanent residency, but holders can explore other immigration routes. Some choose to transition to EB-5 Investor or EB-2 Visa categories after meeting eligibility criteria. Legal consultation is recommended to map a long-term residency plan.

10. How long does the E-2 Visa application process take?

Processing times vary but generally range from 2 to 6 months. Applicants can use premium processing for faster results, often within 15 calendar days. Embassy appointments and document verification may slightly extend the timeline.

11. Can E-2 Visa holders travel freely in and out of the U.S.?

Yes, E-2 Visa holders can travel freely as long as their visa and passport remain valid. Upon re-entry, they must continue to demonstrate their business's operational and financial status. Regular travel does not affect visa status if the enterprise remains active.

12. What are the key documents required for an E-2 Visa application?

Essential documents include a valid passport, a detailed business plan, proof of investment funds, ownership documentation, and company registration papers. Financial statements and employment plans strengthen your application. All documents must demonstrate that the business is legitimate and ready to operate.

13. Can the E-2 Visa be converted to another visa category?

Yes, E-2 Visa holders can later apply for other visa types like EB-5 (Investor) or EB-2 (Employment-Based) if they meet eligibility requirements. Transitioning may require additional investment or job creation. Many use the E-2 as a first step toward permanent residency.

14. What happens if the E-2 business fails?

If the business closes or becomes nonoperational, the E-2 Visa may be revoked. However, investors can apply for a new E-2 Visa by investing in another qualified enterprise. Maintaining transparent financial records can help support future applications.

15. Can I extend my stay under the E-2 Visa indefinitely?

Yes, as long as your business remains operational and profitable, you can renew your E-2 Visa indefinitely. Each renewal typically lasts 2 to 5 years, depending on your treaty country. Consistent compliance and proof of ongoing activity are required at each renewal.