Author: Lauren A. Vizar

What is the E-2 Treaty Investor visa and how can it allow you to live and work in the United States? Vizar Law will help you to gain insights into the E-2 visa process both from abroad and within the U.S. By delving into the requirements, benefits, potential problems, and processing times associated with this visa, you will be better equipped with the knowledge needed to navigate the intricacies of the application journey. Whether you are a prospective investor or a business owner looking to expand your operations, embarking on the E-2 visa process can be an exciting yet challenging endeavor.

What is the E-2 Treaty Investor Visa?

Citizens and residents from countries who share a trade treaty agreement with the United States may be granted a temporary (non-immigrant) visa to start or invest in an already established business in the U.S. The full list of those countries are listed here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

The E-2 visa allows the recipient to enter the U.S. for the purpose of managing the investment and working to achieve the business objectives of the investment. Although there are no minimum or maximum requirements for the amount of the investment, USCIS has generally approved investments with a minimum of $100,000. The investment must be substantial in relation to the specific business and sufficient to accomplish the business objectives of the planned venture. An experienced attorney will be able to tell you whether your investment is substantial according to USCIS guidelines.

The investor may bring their immediate family members (spouse and unmarried children under age 21) with them as derivatives on the E-2 visa. The spouse and children of an E-2 investor may study in the U.S. The spouse of an E-2 investor may also work but the children cannot work. After the age of 21, children derivatives will age out but may be permitted to change their status to F-1 (student). A separate application must be submitted for each family member seeking to follow the E-2 primary visa holder.

The E-2 Visa Process from Abroad and within the U.S.

The E-2 visa process is a crucial aspect for individuals seeking to invest in the United States. Whether you are applying for the visa from abroad or already within the U.S., understanding the process is essential.

When applying for the E-2 visa from abroad, the first step is to gather all the necessary documents and information required for the application. This includes a completed Form DS-160, passport-sized photographs, a valid passport, and evidence of the at least 50% ownership in the business, the ability of the business to support the business plan, and the substantial investment that will be made in a U.S. business. Generally, an E-2 applicant should have at least the following documents:

1. Valid Passport

2. Completed DS-160 application

3. Business formation documents

4. Business tax returns (if using an existing business) and bank statements

5. Business plan for the invested funds

6. Proof of investment funds transferred to business

7. Proof of source of investment funds

It is important to note that the business plan can make the difference between an approval or denial of the E-2 visa. A well drafted business plan is often the key for the E-2. An applicant should seek the advice of an experienced attorney when creating the business plan for the invested funds.

Once the application is complete, it must be submitted to the nearest U.S. embassy or consulate for review and processing. It is advisable to consult with an immigration attorney to ensure all the requirements are met and to maximize the chances of a successful application.

For individuals already within the U.S., the process of obtaining an E-2 visa is slightly different. They must first have a qualifying nonimmigrant status, such as being a student or on a temporary work visa. After identifying a suitable investment opportunity and gathering the necessary documentation, the applicant can submit the Form I-129, Petition for Nonimmigrant Worker, to the United States Citizenship and Immigration Services (USCIS). The USCIS will then review the application and conduct an interview with the applicant to determine their eligibility for the E-2 visa. Importantly, once the I-129 is filed with USCIS, the E-2 can only be obtained while remaining within the U.S. and cannot be applied for at a U.S. embassy or consulate abroad. If an applicant applies from within the U.S., they are granted E-2 status rather than an E-2 visa.

Requirements, Benefits, and Potential Problems of the E-2 Visa

To obtain an E-2 visa, there are certain requirements that applicants must fulfill. The investment must be active, meaning the applicant must have control and be in a position to develop and direct the business.

However, the benefits of the E-2 visa are numerous. It allows individuals to enter and work in the United States to manage and develop their investment. The visa is typically granted for a period of up to five years, with the option to extend it as long as the business remains active. E-2 visa holders can also bring their spouse and children under the age of 21 to the U.S., who may also obtain work authorization during their stay.

It is important to acknowledge potential problems that may arise during the application process. These can include strict requirements for proving the source of funds for the investment, the need to prove that the investment is not marginal but significant, and the requirement to show a credible business plan. It is crucial for applicants to thoroughly understand and address these potential challenges to increase the chances of a successful E-2 visa application.

E-2 Visa Processing Times: What to Expect and How to Navigate the Process

When it comes to E-2 visa processing times, it is vital to be well-informed and prepared. The processing time for an E-2 visa can vary depending on several factors such as the workload of the U.S. embassy or consulate, the complexity of the case, and the country of origin. On average, it may take several weeks to a few months to complete the E-2 visa process. However, it is important to note that it is possible to expedite the process in certain cases, such as when there is a need for urgent business travel.

To navigate the E-2 visa process efficiently, applicants should work closely with an experienced immigration attorney who can guide them through the entire process. Professionals, like Vizar Law, PLLC, can ensure that all required documents are submitted accurately and on time, minimizing delays and potential problems. Additionally, staying updated on the current processing times for E-2 visas in specific countries can help individuals plan their timelines more effectively and avoid unnecessary delays. By being proactive and well-prepared, applicants can navigate the E-2 visa process smoothly and increase their chances of a successful outcome.