Lawyers

What is an E-2 Visa?

The E-2 Visa is a non-immigrant visa specifically designed for nationals of 32 treaty countries to be admitted to the US when investing a substantial amount of capital in an American enterprise.

The list of treaty countries is listed in State’s Foreign Affairs Manual, Chapter 41.51, Exhibit 1.

Unlike a most non-immigrant visas, as long as it can be proved that the business established by the applicant in the US is still up and running, the USCIS does not put a limit on the number of times the applicant can extend their visa.

Who can apply for E2? Conditions for applying for E-2.

Requirements for enterprises: The enterprise applying for E-2 must have a substantial capital investment (usually not less than $100,000) in the business account, not just a small amount of funds to maintain the investor’s subsistence. In other words, the USCIS will use information such as the amount, source, and application of the capital to determine if the E-2 applicant comes to the US to develop and direct the enterprise bona fide, or if it is a fake shell company set up for the sole purpose of immigration. A complete business plan is also a compelling supporting material.

Requirements for applicants: E-2 applicants should be owners of qualifying enterprises or employees engaging in duties of an executive or supervisory character. The USCIS will examine the applicant’s capacity to operate and manage the enterprise.<br>
International requirements: The USCIS also requires that the E-2 treaty investor must be a national of a treaty country to the US. If the applicant is an employee of the treaty investor, he or she must be the same nationality as their employer.

Application Procedure

E-2 has a simple application procedure that does not require additional submission of applications. If you are abroad, you can apply for an E-2 Visa with the US Embassy and Consulate. If you are in the US, you may file a Form I-129 to the USCIS for adjustment of status.