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E2 Visa

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What is an E2 Visa

An E-2 visa is a type of non-immigrant visa that allows individuals from certain countries to enter the United States for the purpose of investing in and managing a business. This visa is part of the U.S. immigration system and is designed to promote foreign investment and trade.

Key features of the E-2 visa include:

  1. Investment Requirement: To qualify for an E-2 visa, the applicant must make a substantial investment in a U.S. business. There is no fixed minimum investment amount, but it should be significant enough to ensure the success of the business.
  2. Nationality Requirement: The applicant must be a national of a country that has a treaty of commerce and navigation, or a bilateral investment treaty, with the United States. Not all countries have such treaties, so eligibility is limited to citizens of specific nations.
  3. Ownership and Control: The applicant must own and control the business, either directly or through a significant ownership interest.
  4. Business Purpose: The business in which the investment is made must be a real and operating commercial enterprise. Speculative or idle investments do not qualify.
  5. Intent to Depart: The applicant must have the intent to depart the United States when the E-2 status comes to an end.
  6. Renewable: The E-2 visa is usually granted for an initial period of up to five years and can be renewed as long as the business continues to meet the eligibility criteria.

 

Contact an E2 Immigration Attorney

It’s important to note that the specific requirements and procedures for obtaining an E-2 visa can vary, and applicants should carefully review the U.S. Department of State’s guidelines and consult with legal professionals for advice tailored to their specific situation.

Free initial E2 Visa consultations available
Call: 310 943 6352

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E2 Visa Requirements

The E-2 visa requirements can vary depending on the specific circumstances and the country of the applicant. However, here are some general requirements for the E-2 visa:

  1. Nationality: The applicant must be a national of a country that has a treaty of commerce and navigation, or a bilateral investment treaty, with the United States. Not all countries have such treaties, so it’s crucial to check the list of eligible countries.
  2. Investment: The applicant must make a substantial investment in a bona fide enterprise in the United States. The investment should be enough to ensure the successful operation of the business. There is no specific minimum investment amount, but it should be proportional to the total cost of establishing or purchasing the business.
  3. Ownership and Control: The applicant must demonstrate ownership of at least 50% of the enterprise, and they must have operational control over it. This means that the investor should be actively involved in the management and decision-making processes of the business.
  4. Business Purpose: The investment should be in a real and operating commercial enterprise. Speculative or passive investments, such as undeveloped land or stocks, typically do not qualify. The business should be active and engaged in producing goods or services.
  5. Intent to Depart: The applicant must demonstrate that they have the intent to depart the United States when their E-2 status comes to an end. This is to ensure that the E-2 visa is used for its intended purpose as a temporary, non-immigrant visa.
  6. Source of Funds: The applicant must provide evidence of the source of the investment funds. This is to ensure that the funds were obtained legally.
  7. Investment in a New or Existing Business: The E-2 visa can be used for both new and existing businesses. In the case of an existing business, the investment should lead to a significant change in the business’s operation or result in substantial growth.
  8. Renewal: E-2 visas are typically granted for an initial period of up to five years, and they can be renewed as long as the business continues to meet the eligibility criteria.

 

Our E2 Visa lawyers can help

It’s important to note that the requirements may vary, and applicants should consult with legal professionals or the U.S. embassy or consulate in their home country for the most accurate and up-to-date information. Additionally, requirements may change over time, so it’s advisable to check for the latest updates from the U.S. government.

E2 Visa eligibility or eligibility for E2 Visa

To be eligible for an E-2 visa, an individual must meet specific criteria. Here are the key eligibility requirements:

  1. Nationality: The applicant must be a national of a country that has a treaty of commerce and navigation, or a bilateral investment treaty, with the United States. The list of eligible countries is available through the U.S. Department of State, and it’s important to check if the applicant’s country is on this list.
  2. Substantial Investment: The applicant must make a substantial investment in a U.S. business. While there is no fixed minimum investment amount, it should be significant enough to ensure the success of the business. The investment must also be at risk, meaning the investor could lose the funds if the business does not succeed.
  3. Ownership and Control: The applicant must own and control at least 50% of the U.S. business. This means having the ability to make decisions and actively participate in the management of the enterprise.
  4. Real and Operating Business: The investment must be in a real and operating commercial enterprise. Speculative or passive investments, such as buying land without developing it, typically do not qualify. The business should be actively engaged in producing goods or services.
  5. Business Purpose: The purpose of the investment should be to develop and direct the business, not just to provide a living for the investor and their family. The goal is to promote economic growth and job creation in the United States.
  6. Intent to Depart: The applicant must demonstrate an intent to depart the United States when their E-2 status ends. This is crucial because the E-2 visa is a non-immigrant visa, and the applicant is expected to return to their home country when the visa expires.
  7. Source of Funds: The applicant must provide evidence of the legal source of the investment funds. This is to ensure that the money used for the investment was obtained through legitimate means.
  8. Renewability: E-2 visas are typically granted for an initial period of up to five years and can be renewed as long as the business continues to meet the eligibility criteria.

 

Use an E2 Visa attorney

It’s important for potential E-2 visa applicants to consult with legal professionals or the U.S. embassy or consulate in their home country for specific guidance and to ensure that they meet all the necessary requirements. Immigration laws can be complex, and individual circumstances may vary, so seeking professional advice is advisable.

What are the processes and procedures for E2 Visa?

The process for obtaining an E-2 visa involves several steps, and it’s crucial to follow them carefully to ensure a successful application. While the specific details can vary, here’s a general overview of the processes and procedures for obtaining an E-2 visa:

  1. Check Eligibility:

Confirm that your country of nationality has a treaty of commerce and navigation, or a bilateral investment treaty, with the United States.

  1. Business Plan:

Develop a detailed business plan outlining your investment, the nature of the business, and its potential for growth. This plan should highlight how your investment will create jobs and benefit the U.S. economy.

  1. Make the Investment:

Make the required substantial investment in a qualifying U.S. business. This investment should be at risk and used for the active operation of the business.

  1. Gather Documentation:

Collect all necessary documentation, including proof of your nationality, evidence of your investment, business plan, source of funds, and any other required supporting documents.

  1. Form DS-160:

Complete the Online Non-immigrant Visa Application (Form DS-160). This form will require you to upload a passport-sized photograph.

  1. Pay Visa Fee:

Pay the non-refundable visa application fee. The amount can vary, so check with the U.S. embassy or consulate where you will apply for the most up-to-date fee information.

  1. Schedule Visa Interview:

Schedule an appointment for a visa interview at the U.S. embassy or consulate in your home country. Wait times for interviews can vary, so it’s advisable to schedule the appointment well in advance.

  1. Attend Visa Interview:

Attend the visa interview, during which a consular officer will review your application and supporting documents. Be prepared to discuss your investment, business plan, and other relevant details.

  1. Biometric Information:

In some cases, you may be required to provide biometric information, such as fingerprints, as part of the visa application process.

  1. Wait for Visa Approval:

After the interview, the consular officer will decide whether to approve or deny your visa application. If approved, you will be issued an E-2 visa.

  1. Travel to the U.S.:

Once you have the E-2 visa, you can travel to the United States. You will need to enter the U.S. within the validity period of the visa.

  1. Apply for Extension (if needed):

If you wish to extend your stay, you can apply for an extension of your E-2 status. Extensions are typically granted in increments of up to two years.

Contact an Immigration Attorney

How long does it take to get E2 Visa

The processing time for an E-2 visa can vary based on several factors, including the specific U.S. embassy or consulate where the application is filed, the individual circumstances of the applicant, and the time of year. Here are some general considerations:

  1. Consulate/Embassy Processing Time: Different U.S. consulates or embassies may have varying processing times. Some may be able to process E-2 visa applications more quickly than others.
  2. Completeness of Documentation: The speed at which your E-2 visa is processed can depend on how well-prepared and complete your application is. Providing all required documentation and information upfront can help expedite the process.
  3. Demand and Workload: U.S. consulates and embassies often have fluctuating workloads, which can affect processing times. During peak seasons or high demand periods, processing times may be longer.
  4. Security Clearance: In some cases, additional security clearances may be required, which can add to the processing time.
  5. Administrative Processing: If the consular officer determines that additional administrative processing is necessary, it can significantly extend the time it takes to get the visa.
  6. Individual Circumstances: Your specific situation, including any complexities or issues that may arise during the application process, can influence the processing time.

 

Contact an attorney.

You may also want to consult with an immigration attorney who can provide guidance based on the latest information and your individual circumstances. Keep in mind that immigration policies and procedures can change, so it’s important to stay informed about any updates that may have occurred.

When you have successfully obtained an E-2 visa, you gain the ability to enter and stay in the United States for the purpose of engaging in substantial investment activities. Here are some key aspects of what happens after a successful E-2 visa application:

  1. Entry into the U.S.: With a valid E-2 visa, you can enter the United States. It’s important to note that the E-2 visa is typically issued for a specific period, and you can stay in the U.S. as long as the visa remains valid.
  2. Investment Activities: The primary purpose of the E-2 visa is to allow individuals to invest in and operate a business in the U.S. You are expected to actively engage in the development and direction of the enterprise in which you have invested.
  3. Renewal: E-2 visas are usually granted for a specific period, which can vary depending on the treaty country. However, E-2 visas are generally renewable as long as the qualifying investment and other visa requirements are maintained. Extensions can be granted in increments, allowing you to continue your investment activities.
  4. Dependents: Your spouse and unmarried children under the age of 21 may be eligible for derivative E-2 visas. They can accompany you to the U.S. and are allowed to study in the country. Your spouse is also typically allowed to work.
  5. Maintaining E-2 Status: It’s crucial to comply with the conditions of the E-2 visa to maintain legal status. This includes actively managing the investment, ensuring that it remains substantial, and meeting any other requirements specified by the U.S. Citizenship and Immigration Services (USCIS).
  6. Potential for Permanent Residency: While the E-2 visa itself does not provide a direct path to permanent residency (green card), some E-2 visa holders may explore other immigration options, such as employment-based green cards, if they wish to become permanent residents in the U.S.
  7. Compliance with U.S. Tax Laws: As a visa holder, you will need to comply with U.S. tax laws. Understanding and fulfilling your tax obligations is an important aspect of maintaining legal status in the U.S.

 

Consult with an Immigration Attorney

It’s advisable to consult with an immigration attorney to ensure that you fully understand the rights and responsibilities associated with the E-2 visa and to stay updated on any changes in immigration policies or regulations.

The E-2 visa offers several benefits for individuals looking to invest and conduct business in the United States. Here are some key advantages of the E-2 visa:

  1. Investment Opportunities: The E-2 visa allows individuals to invest a substantial amount of capital in a U.S. business. This provides an opportunity to actively engage in the development and management of the enterprise.
  2. Flexibility: E-2 visas are not limited to a specific type of business or industry. Investors can pursue a wide range of business opportunities, from startups to established businesses.
  3. Duration of Stay: E-2 visas are typically issued for a renewable period, allowing investors and their dependents to stay in the U.S. as long as they maintain their qualifying investment and meet other visa requirements.
  4. Dependents’ Benefits: Spouses and unmarried children under the age of 21 are eligible for derivative E-2 visas. Dependents can accompany the principal visa holder to the U.S., and spouses are generally allowed to work.
  5. Employment Authorization for Spouses: The spouse of an E-2 visa holder is usually eligible for employment authorization, allowing them to work for any U.S. employer.
  6. Education Opportunities: E-2 visa holders and their dependents are generally allowed to enroll in educational institutions in the U.S. This includes primary and secondary schools, as well as colleges and universities.
  7. Renewability: E-2 visas can be renewed as long as the qualifying investment and other visa requirements are maintained. This provides a certain level of stability for investors who wish to continue their business activities in the U.S.
  8. No Quota Restrictions: Unlike some other visa categories, there are typically no numerical limits (quotas) on the number of E-2 visas that can be issued each year, which means eligible applicants can apply without worrying about annual caps.
  9. No Requirement for Extraordinary Skills: The E-2 visa does not require individuals to possess extraordinary skills or qualifications. Instead, it is focused on individuals who make a substantial investment in a U.S. business.
  10. Path to Permanent Residency: While the E-2 visa itself does not provide a direct path to permanent residency (green card), some E-2 visa holders may explore other immigration options if they wish to pursue permanent residency in the U.S.

 

An E2 visa lawyer can help

It’s important to note that the benefits of the E-2 visa may vary depending on individual circumstances, the specific treaty country, and any changes in immigration policies. Consulting with an immigration attorney is advisable to ensure a thorough understanding of the E-2 visa requirements and benefits.

While the E-2 visa offers various advantages for investors looking to engage in business activities in the United States, it also has certain disadvantages and limitations. Here are some potential drawbacks of the E-2 visa:

  1. Nationality Requirement: E-2 visas are available only to individuals from countries that have a qualifying treaty of commerce and navigation with the United States. Citizens of countries without such treaties are not eligible for E-2 status.
  2. Non-Immigrant Status: The E-2 visa is a non-immigrant visa, meaning it does not provide a direct path to permanent residency (green card). Individuals seeking permanent residency may need to explore alternative immigration options.
  3. Investment Amount: While the investment required for an E-2 visa is generally considered “substantial,” the specific amount can vary. It may be a significant financial commitment, and the investment must be at risk.
  4. Renewal Requirements: E-2 visas are typically issued for a limited duration, and renewals are contingent upon the maintenance of the qualifying investment and compliance with visa requirements. If the business is not successful, or if circumstances change, the visa may not be renewed.
  5. Limited Countries: The availability of the E-2 visa is restricted to citizens of countries with specific treaties with the U.S. This limitation excludes citizens of many countries from accessing this visa option.
  6. Strict Business Ownership and Management Requirements: E-2 visa holders must own and manage the business for which the visa is granted. If the ownership structure changes significantly, it may impact visa eligibility.
  7. Dependency on the Success of the Business: The E-2 visa is contingent on the success of the business. If the business does not generate the expected revenue or faces financial challenges, it could impact the investor’s ability to maintain visa status.
  8. Ineligibility for Certain Industries: Some types of businesses may not qualify for E-2 visas. For example, businesses primarily engaged in real estate investment or speculative trading may face challenges in obtaining E-2 status.
  9. Limited Work Authorization for Dependents: While spouses of E-2 visa holders are generally allowed to work in the U.S., unmarried children are not automatically granted work authorization.
  10. Treaty Changes: Changes in diplomatic relations or the termination of a treaty between the U.S. and the investor’s home country could affect E-2 visa eligibility.

 

Let an E2 visa attorney guide you

It’s crucial for individuals considering the E-2 visa to carefully assess their specific situation, business plans, and long-term goals. Consulting with an experienced immigration attorney can help navigate the complexities of the application process and address potential challenges associated with the E-2 visa.

 

What if your E2 Visa Is unsuccessful

If your E-2 visa application is unsuccessful, it means that the U.S. government has not approved your request for this particular visa. Here are some steps you might consider if your E-2 visa application is denied:

  1. Understand the Reason for Denial:
  • Review the denial notice to understand the specific reasons for the rejection.
  • Understanding the grounds for denial is crucial for addressing any issues in a potential reapplication.
  1. Consult with an Immigration Attorney:
    • Seek advice from an immigration attorney who specializes in business and investment visas.
    • An attorney can help you understand the reasons for the denial and provide guidance on whether it makes sense to reapply.
  2. Reevaluate and Address Concerns:
    • If the denial was due to specific deficiencies in your application, take the necessary steps to address those concerns.
    • This may involve providing additional documentation, clarifying information, or making changes to your business plan.
  3. Consider Reapplication:
  • Depending on the circumstances, you may have the option to reapply for the E-2 visa.
  • It’s important to thoroughly address any issues that led to the initial denial in your reapplication.
  1. Explore Alternative Options:
    • If the E-2 visa is not feasible or if reapplication is not advisable, explore alternative visa options that may better suit your situation.
    • Some investors may consider other employment-based visas or explore different immigration pathways.
  2. Appeal Options:
    • In some cases, individuals may have the option to appeal the denial decision.
    • The appeals process can be complex, and the availability of an appeal depends on the specific circumstances and the type of visa application.
  3. Seek Consular Guidance:
    • If the denial occurred at a U.S. consulate or embassy, you may seek guidance from the consular officers on how to address the concerns or whether there are avenues for reconsideration.
  4. Address Eligibility Criteria:
    • Ensure that you meet all the eligibility criteria for the E-2 visa. This includes maintaining the required investment amount, demonstrating the substantiality of the investment, and meeting other visa requirements.
  5. Timing Considerations:
    • Evaluate whether there are any timing considerations that affected the initial application and address those issues in a potential reapplication.

 

Contact our E2 Immigration Attorney

It’s important to note that immigration processes and regulations can be complex, and individual circumstances vary. Consulting with an immigration attorney is highly recommended if your E-2 visa application is unsuccessful. They can provide personalized advice based on the specific reasons for the denial and help you determine the best course of action.

Best approach for E2 Visa

Securing an E-2 visa involves careful planning, thorough documentation, and adherence to U.S. immigration regulations. Here is a step-by-step guide to help you approach the E-2 visa application process:

  1. Understand Eligibility:

Ensure that both you (the investor) and your home country are eligible for the E-2 visa. The U.S. has treaties with specific countries, and only citizens of these countries can apply for the E-2 visa.

  1. Business Viability and Planning:

Develop a comprehensive business plan that clearly outlines your business’s purpose, structure, operations, and financial projections. The plan should demonstrate the potential for job creation and contribution to the U.S. economy.

  1. Investment Amount:

Determine the appropriate and substantial amount to invest in the U.S. business. The investment should be at risk, and it must be proportional to the total cost of purchasing or creating the business.

  1. Source of Funds:

Clearly document the legitimate source of your investment funds. Provide financial records, bank statements, and any other relevant documents that prove the lawful origin of your funds.

  1. Business Ownership:

Ensure that you will own a substantial percentage of the business. A significant ownership stake is typically required for E-2 eligibility.

  1. Legal Structure:

Choose an appropriate legal structure for your business. This can include sole proprietorship, partnership, corporation, or another legal form. The structure should align with the requirements of the E-2 visa.

  1. Prepare Required Documents:

Gather all required documentation, including:

  • Completed Form DS-160, Online Nonimmigrant Visa Application.
  • Treaty investor information.
  • Business plan.
  • Proof of investment funds.
  • Documents related to business ownership and structure.
  1. Consulate/Embassy Appointment:

Schedule an appointment at the U.S. consulate or embassy in your home country for the visa interview. Be prepared to pay the visa application fee.

  1. Visa Interview:

Attend the visa interview at the designated U.S. consulate or embassy. Be prepared to discuss your business, investment, and other relevant details. Provide clear and concise answers.

  1. Dependent Documentation:

If applicable, prepare documentation for dependents (spouse and unmarried children under 21) who will accompany you. This may include marriage certificates, birth certificates, and other relevant documents.

  1. Compliance with U.S. Tax Laws:

Be aware of U.S. tax laws and ensure that you comply with them. Consult with a tax professional to understand your obligations.

  1. Legal Counsel:

Consider working with an experienced immigration attorney. They can provide valuable guidance, review your application, and ensure that you meet all requirements.

  1. Maintain Communication:

Stay in communication with the U.S. consulate or embassy throughout the application process. Be responsive to any requests for additional information or documentation.

  1. Plan for Arrival:

Once the E-2 visa is approved, plan for your arrival in the U.S. and the commencement of your business activities.

Best to work with an immigration attorney who can also guide you on e2 visa to green card

Remember that the specific requirements and procedures may vary, and it’s important to stay informed about any updates or changes in U.S. immigration policies. Seeking professional advice, especially from an immigration attorney, can greatly enhance the success of your E-2 visa application.

Free initial E2 Visa consultations available
Call: 310 943 6352

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