Everything You Need to Know About the U.S. E-2 Visa and Tips for Successful Investment for Visa Approval

The U.S. E-2 visa is a non-immigrant visa granted to individual investors or companies investing from treaty countries with the United States. The investment can be in any industry or business sector, such as tourism, information technology, marketing, etc.

As experienced immigration professionals, ImmiPath will share comprehensive information about the E-2 visa, helping you gain a clearer understanding. See it now!

1. What is the U.S. E-2 Visa?

The U.S. E-2 visa is a non-immigrant investor visa that allows citizens of a treaty country to live and work in the United States by investing in a new or existing U.S. business.

Under the E-2 visa, investors have the opportunity to start a business in the U.S. as a foreign entrepreneur. This visa is only available to investors from specific treaty countries, including Australia, the United Kingdom, Mexico, Taiwan, and Ethiopia.

The investment can be made in any business activity in the U.S., and the investor is allowed to work and live in the U.S., although their activities are limited to the specific business.

E-2 visa holders can travel freely in and out of the U.S., and the investor’s dependents are also covered under the E-2 treaty. They may be allowed to work in the U.S. through an employment authorization.

The U.S. E-2 visa is a non-immigrant visa based on investment.

2. What are the Requirements for the U.S. E-2 Visa

To qualify for the E-2 visa, you must meet several criteria, including:

• Individual Investors: You must be a citizen of a treaty country that has an investment treaty with the U.S.
• Corporate Applicants: If the applicant is a company, it must be at least 50% owned by nationals of a treaty country.
• Employees of the Company: If a company is sending employees with E-2 visas, the employees must be citizens of a treaty country and hold a supervisory, managerial, executive, or essential skills position.
• Investment Requirements: The investor (individual or company) must intend to invest a substantial amount of capital in a bona fide existing or new business. A bona fide business is one that is actively producing goods or services and generating profits.
• Profit Requirements: The investor (individual or company) must demonstrate that the business will generate more than just enough income to provide a living for the investor and their family. New businesses are exempt from this requirement for the first five years but must meet this requirement afterward.
• Business Growth: The investor (individual or company) must have the goal of further developing the business through the investment.
• Funds Transfer: The investor (individual or company) must deposit funds into a bank account or escrow until the visa is approved.
• Intention to Return: The investor must intend to return to their home country after the work is completed.

By meeting these criteria, you qualify to apply for the E-2 visa. However, this does not guarantee automatic issuance. You must apply, and if approved, entry into the U.S. will be subject to inspection by immigration officials at the port of entry.

If you do not meet these requirements but still apply for an E-2 visa, you risk being denied.

It is also recommended that the investment be between $100,000 and $200,000 in an existing or new business, although sometimes smaller investments may qualify. Additionally, the investment should be expected to create employment, at least for 3 to 4 people.

You need to meet certain conditions to apply for an E-2 visa.

3. How Can You Apply for an E-2 Visa?

There are two ways to apply for an E-2 visa:

• From Within the U.S.
• From Outside the U.S.

3.1 Applying for an E-2 Visa from Within the U.S.

Individuals who are legally present in the U.S. can change their status to E-2 by filing Form I-129. 

Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). The application must include evidence of nationality, the investment, and the intent to return.

If you are an individual investor, you must file the petition yourself. If you are an employee of a company, your employer must file Form I-129 on your behalf.

Once processed, USCIS will either approve or deny your application. If approved, you will receive Form I-797, Notice of Action, confirming the approval.

3.2 Applying for an E-2 Visa from Outside the U.S.

If you are outside the U.S., you must apply for the E-2 visa through the U.S. Embassy in your country of residence. Here are the steps you need to follow to apply for the E-2 visa:

There are many ways to apply for a US E-2 visa.

– Step 1: Register by Submitting Form DS-160, Nonimmigrant Visa Application

This form requires you to provide information about yourself and the purpose of your visit to the U.S.

After completing it, you will receive a confirmation page and a code that you need to bring with you to the interview.

– Step 2: Pay the Application Fee

The application fee for the E-2 visa is $205. You may also need to pay additional fees, such as visa issuance fees or reciprocity fees, depending on your country. After paying all your fees, be sure to keep the receipts, as you will need them later.

– Step 3: Schedule a Visa Interview

All applicants aged 13 to 80 must attend a visa interview at the U.S. Embassy to complete the application process. You should schedule your interview as early as possible to avoid long wait times due to the high volume of work at the U.S. Embassy. When you schedule your interview, you will receive an appointment letter, which you need to bring with you to the embassy.

– Step 4: Prepare Your Document File

Your document file must be completed by the date of your interview. Here is a list of the necessary documents for the E-2 visa:

• Submitted Form DS-160, Nonimmigrant Visa Application
• Your valid passport
• Two photographs that comply with U.S. visa photo requirements
• Receipt proving you have paid the $205 fee
• Form DS-156E, Treaty Investor Application – If you are an executive/ manager/ essential employee
• Evidence showing your intent to return to your home country, such as:
  • Proof of property ownership
  • Lease agreements, etc.
  • Evidence that the business you are investing in is legitimate (real), such as:
  • Business licenses and registration documents
  • Financial statements
  • Office lease agreements
  • Organizational charts
  • Tax returns
  • Bank statements
  • Contracts with employees and clients, etc.
  • Evidence that your investment is substantial, such as:
  • Personal or business bank statements
  • Licenses or registration documents for your business if you are starting one
  • Business plan

– Step 5: Attend Your Scheduled Interview

You will be interviewed by a U.S. Embassy official about your purpose and intentions for coming to the U.S. The interviewer will also ask about your intention to return to your home country, which you must prove. If there are doubts that you intend to stay in the U.S. permanently, your application may be denied.

After you submit your application and complete the interview, the U.S. Embassy will provide you with the result during the interview session.

4. What is the Processing Time for E-2 Visa?

If you’re applying for an E-2 visa as a company, the processing time typically ranges from 4 to 6 weeks. For employees, the processing time is generally around 2 weeks.

However, processing times can vary depending on the workload at the U.S. Embassy. If you do not receive a response within these timeframes, it does not necessarily mean that your visa application has been denied.

5. Frequently Asked Questions about E-2 Visas

5.1. What are the E-2 Treaty Countries?

Here is a list of E-2 Treaty Countries:

• Albania
• Argentina
• Armenia
• Austria
• Azerbaijan
• Bahrain
• Bangladesh
• Belgium
• Bolivia
• Bosnia and Herzegovina
• Bulgaria
• Cameroon
• Canada
• Chile
• China (only for Hong Kong SAR)
• Colombia
• Republic of Congo
• Costa Rica
• Croatia
• Czech Republic
• Denmark
• Ecuador
• Egypt
• Estonia
• Ethiopia
• Finland
• France
• Georgia
• Germany
• Grenada
• Honduras
• Iran (note: the Treaty of Amity with Iran ended on January 24, 2020)
• Ireland
• Israel
• Italy
• Jamaica
• Japan
• Jordan
• Kazakhstan
• Kosovo
• Kyrgyzstan
• Latvia
• Liberia
• Lithuania
• Luxembourg
• Mexico
• Moldova
• Mongolia
• Montenegro
• Morocco
• Netherlands
• New Zealand
• North Macedonia
• Norway
• Oman
• Pakistan
• Panama
• Paraguay
• Philippines
• Poland
• Romania
• Senegal
• Serbia
• Singapore
• Slovakia
• Slovenia
• South Korea
• Spain
• Sri Lanka
• Suriname
• Sweden
• Switzerland
• Thailand
• Trinidad and Tobago
• Tunisia
• Turkey
• Ukraine

Please note that the Treaty of Amity and Economic Relations with Iran expired on January 24, 2020, making Iranian citizens ineligible for the E-2 visa.

5.2. How long can I stay in the U.S. as an E-2 Treaty Investor?

The initial validity of the E-2 visa is up to 2 years. During this time, the visa holder can continue to develop the company they have invested in. As the initial period nears expiration, the E-2 visa holder can apply for an extension.

5.3. Can my dependents join me when I have an E-2 visa?

Yes, the E-2 visa allows dependents to accompany the primary visa holder. Dependents include the spouse and unmarried children under 21 years old. They can apply for E-2 visas either at the same time as the primary visa holder or afterward.

With an E-2 visa, dependents are allowed to attend school, and the spouse is permitted to work. To work, the spouse must obtain an Employment Authorization Document (EAD) by filing Form I-765.

The validity of E-2 dependent visas is the same as that of the primary visa holder. However, if dependents wish to extend their visa, they must apply for an extension by filing Form I-539, Application to Extend/Change Nonimmigrant Status. Dependents do not automatically extend their status if they leave the U.S. and return.

In addition, dependents on an E-2 visa can change their status if the primary visa holder changes status. If the primary visa holder receives a green card, the dependents are also eligible to apply for permanent residency.

5.4. How long does it take to transition from an E-2 visa to a green card?

The time required to transition from an E-2 visa to a green card can vary significantly depending on the option you choose. If you opt for an EB-1, EB-5, EB-3 employment-based green card, or a family-sponsored petition, it can take anywhere from six months to over a year to obtain a green card. If you choose to adjust your status under a dual intent visa category, it might take several years.

5.5. Can I bring my family with me on an E-2 visa?

Yes, you can bring your spouse and unmarried children under 21 years old to the U.S. with an E-2 visa. Your spouse and children will need to apply for E-2 dependent visas and can stay in the U.S. for the duration of the visa.

Your spouse can work in the U.S. under the E-2 visa status without needing a separate work permit. They can also study at any educational institution in the U.S.

Your children cannot work but are allowed to study and attend school in the U.S. with an E-2 visa.

5.6. What questions might be asked during an E-2 visa interview?

According to ImmiPath’s experience, applicants should be prepared to answer the following E-2 visa interview questions:

• What business sector are you investing in?
• Why are you applying for an E-2 visa?
• What qualifies you to run the E-2 business?
• What will happen to your investment if the E-2 visa is denied?
• What do you plan to do once your E-2 visa expires?
• What is the source of your E-2 visa funds?
• How many employees do you plan to hire for the E-2 business, and when will you hire them?
• How do you plan to grow the E-2 business?
• Are you bringing family members with you?

E-2 visa interview questions may vary based on the individual circumstances of each investor, business owner, entrepreneur, or E-2 employee, and no two applicants are guaranteed to be asked the same questions.

While you may not be asked all these questions during your E-2 visa interview, it’s helpful to prepare for similar questions.

6. Best Advice from ImmiPath for Clients Regarding E-2 Visa Investment

Investment funds must be at risk in a business operation in the U.S. to generate profit and should be subject to loss if the investment fails.

Simply having the investment funds in a bank account is not sufficient to demonstrate that the funds have been placed at risk for E-2 visa purposes.

Furthermore, being in the process of signing contracts or searching for suitable locations and assets is not enough to qualify for an E-2 visa.

Additionally, inheriting a business does not constitute an investment for E-2 visa eligibility.

According to our top U.S. E-2 visa lawyers, the E-2 visa rules and regulations regarding investment funds in a U.S. company ensure that the investor or E-2 entrepreneur is genuinely committed to the success of the business in the U.S., not just taking a gamble.

Moreover, investment funds must not be obtained, directly or indirectly, from criminal activities. At this point, the presence of an E-2 Investor Visa Lawyer is almost mandatory, especially when clients are uncertain about how to prove that the source of funds complies with immigration standards.

Finally, the Investor or Entrepreneur must intend to develop and direct the U.S. company they invest in.

For E-2 visa purposes, the Investor or Entrepreneur cannot be a passive investor in a U.S. business and must demonstrate that they own at least 50% of the business or have control over the operation through a management position or other means.

A smaller business venture can also qualify as an E-2 business, and at least 50% of the business must be owned by a citizen of the treaty country.

Some employees of the Investor or Entrepreneur or an eligible organization can also qualify for the E-2 visa.

If you have any questions about U.S. immigration under the E-2 visa, please comment below. The ImmiPath advisory team will assist you in obtaining the U.S. E-2 visa and choosing the most suitable path to the U.S.