An E2 Visa is a nonimmigrant visa which allows foreign investors from treaty countries to make a substantial investment in an existing business, business franchise, or create a new business in the U.S. It also allows foreign nationals to work with a U.S. business owned by at least 50% of foreign nationals of the treaty country.
It may be applied in the U.S. through the United States Citizenship and Immigration Services (USCIS) if you are already lawfully staying in the U.S. and the law allows for a change of status or through a U.S. Embassy or Consulate abroad if you are outside the U.S.
The E2 Visa requirements are strict, and only those who qualify can obtain this visa. In general, you must meet the following to qualify for the visa:
You must be a national of an E2 treaty country;
You must invest a substantial amount in an existing business, franchise business, or create a new business in the U.S;
You must invest in a bona fide enterprise;
Your funds must be irrevocably committed and in a bank account;
Your investment must not be marginal, which means that its income should not only provide a living for you and your family, but also create employment for U.S. workers and contribute to the U.S. economy;
Your investment must have a significant economic impact;
You should have control over the funds; and
You must come to the U.S. to direct or develop the commercial enterprise or business in which you have invested.
The treaty investor must be a national of an E2 treaty country, which is a country that maintains a treaty of commerce and navigation or a bilateral agreement with the U.S. or is otherwise rendered qualified by law. In a company, nationality is determined by the nationality of the individual owners of the business and is required that at least 50% of the business is owned by nationals of the treaty country.
If a foreign national employee has the same nationality as that of the foreign investor of the E2 enterprise, they are also qualified for an E2 Visa. Their employment must be in an executive and or supervisory capacity or they possess special qualifications essential to the operations of the enterprise.
There are benefits that you can enjoy when you obtain an E2 Visa. Here are some of them:
You can legally work and reside in the U.S;
You can stay in the U.S. indefinitely through renewals as long as you still meet the requirements;
Your spouse and unmarried children under the age of 21 can go with you;
Your spouse can work in the U.S. without securing additional work authorization;
Your children can study in the U.S;
You can travel freely inside and outside the U.S;
Your investment does not have to be cash;
You don't have to invest a minimum amount of capital;
You don't need to prove that your business created a minimum number of jobs; and
You can take advantage of certain tax benefits.
Click here for a list of countries that have an active E1 treaty with the United States.
Please take note that since the E2 Treaty Investor Visa is a nonimmigrant visa, you can't obtain permanent residency through it. If you're planning to obtain a green card or acquire permanent resident status, you must apply for an immigrant visa.
There are two ways to obtain an E2 Visa:
First, you can apply through a U.S. Embassy or Consulate abroad if you are abroad. Please take note that consular procedures and processing times may vary depending on your choice of consulate. You have three consular options:
The consulate where you lawfully reside;
The consulate in your home country; and
The consulate where you are visiting may sometimes be willing to adjudicate the application.
Second, you also have the option to obtain E2 status by filing a Change of Status within the U.S.
To obtain an E2 Visa, you must submit your application to the U.S. Embassy or Consulate in your home country. Your E2 Visa lawyer will ensure that you and your business qualify and comply with all the requirements. This includes the submission of relevant documents and the payment of the proper E2 Visa costs.
Since most E2 Visa applications are processed by consular officers, you also need to know the Foreign Affairs Manual (FAM). This manual contains the U.S. State Department's instructions to consular officers when processing E2 Visa applications. This can help you during your visa application.
One of the requirements in qualifying for an E2 Visa is that you have invested a substantial amount of capital. However, there is no required minimum investment amount. To be considered substantial, the investment capital is proportioned to the overall size and operations of the business. For example, an investment that's substantial for a small shop is unlikely to be substantial for a larger business.
While there is no minimum amount of investment, the consular officers are guided to look for an investment of $100,000.
Moreover, it is part of the E2 Visa requirement that your investment funds are considered "at-risk". The qualifying investment funds include the following:
Secured loans from your assets;
Cash reserves in a business account;
Unsecured loans; and
Inventory, property, or equipment you have contributed.
Meanwhile, the non-qualifying investments include:
Loans or mortgage debt secured by the enterprise assets;
Loans in which the lender has recourse against the business;
Cash held in personal bank accounts.
The validity period of your E2 Visa depends on your nationality and can range from 3 months to 5 years. For example, countries such as Egypt and Bangladesh have a validity period of 3 months while those from Italy and UK may receive 5 years.
This means that you have 3 months or 5 years from the date of issuance to enter the U.S.
Meanwhile, the period of stay for an E2 Visa is for 2 years which gives you time to prove the viability of your business or investment in the U.S. After that, the visa can be extended or renewed indefinitely as long as you meet the requirements.
As we have said, your spouse and unmarried children under the age of 21 can go with you to the U.S. based on your valid E2 Visa. Your spouse can apply for work in the U.S. without the need to secure an Employment Authorization Document (EAD).
The USCIS has issued a policy announcement clarifying that spouses are considered employment authorized based on their valid E nonimmigrant status.