For more information:

E-2 Treaty Investors | USCIS

Overview:

  1. What is the E-2 visa?
  2. What are the benefits of an E-2 visa?
  3. What are the E-2 visa requirements?
  4. What is the process of getting an E-2 visa?

1. What is the E-2 visa?

The E-2 visa is a nonimmigrant visa for investors, business owners, and those seeking to operate a business in the United States. You keep your original nationality, but E-2 visa holders and their family members may renew their visas, and live, and work, in the United States for as long as the business is operational and complies with E-2 visa requirements.

2. What are the benefits of an E-2 visa?

  • Your spouse and unmarried, dependent children under the age of 21 may also be eligible for an E-2 visa.
    • Your spouse can apply for work authorization.
    • Your children can attend school.
  • An E-2 visa is not subject to a minimum investment requirement.
    • Your investment just needs to be in proportion to the size of the business.
  • Your E-2 visa can be extended an unlimited number of times.
    • As long as your for-profit United States business is running successfully, you are eligible for E-2 status
  • Unlike other nonimmigrant visas, you can obtain an E-2 visa without maintaining a foreign residence

3. What are the E-2 visa requirements?

  • You, the partnership, or corporate entity, funding the United States company, must be a citizen of a nation with whom the United States has an E-2 treaty.
    • At least 50% of the United States company must be owned by someone from an E-2 treaty nation
    • Seventy-nine nations have qualifying E-2 treaties with the United States (Brazil, China, India, and Russia DO NOT have qualifying treaties)
      • Albania
      • Argentina
      • Armenia
      • Australia
      • Austria
      • Azerbaijan
      • Bahrain
      • Bangladesh
      • Belgium
      • Bolivia
      • Bosnia and Herzegovina
      • Bulgaria
      • Cameroon
      • Canada
      • Chile
      • Colombia
      • Costa Rica
      • Croatia
      • Czech Republic
      • Democratic Republic of the Congo
      • Denmark
      • Ecuador
      • Egypt
      • Estonia
      • Ethiopia
      • Finland
      • France
      • Georgia
      • Germany
      • Grenada
      • Honduras
      • Ireland
      • Israel
      • Italy
      • Jamaica
      • Japan
      • Jordan
      • Kazakhstan
      • Kosovo
      • Kyrgyzstan
      • Latvia
      • Liberia
      • Lithuania
      • Luxembourg
      • Mexico
      • Moldova
      • Mongolia
      • Montenegro
      • Morocco
      • The Netherlands
      • New Zealand
      • Norway
      • Oman
      • Pakistan
      • Panama
      • Paraguay
      • Philippines
      • Poland
      • Republic of the Congo
      • Romania
      • Serbia
      • Senegal
      • Singapore
      • Slovak Republic
      • Slovenia
      • South Korea
      • Spain
      • Sri Lanka
      • Suriname
      • Sweden
      • Switzerland
      • Taiwan
      • Thailand
      • Togo
      • Trinidad and Tobago
      • Tunisia
      • Turkey
      • Ukraine
      • United Kingdom
  • You must make a substantial investment in a for-profit United States company.
    • You cannot apply for an E-2 visa until you’ve already invested money into the United States company
    • There is no specific minimum amount you have to invest, but it must be enough to ensure your company can operate properly.
      • You don’t have to make the entire investment at once. Generally, financing 25-30% is okay.
      • Of course, the more you are willing and able to invest, the more the consulate will like your application
    • The investment must be used for the operation of the company
      • it cannot sit in a slush fund or a bank account
      • investing in residential real estate or the stock market does not count, either
    • You must have control of the funds you are using to make the investment
    • You must be willing to use and risk losing your own money
    • The United States company must be able to or should become able to, maintain at least your own family at a basic standard of living
    • You, or a company you own in your home nation, must own at least 50% of the United States company, or have managerial control over it.
      • If you share 50/50 control or ownership with someone else of your same nationality, you must both have all the rights and responsibilities of managers
    • You must be able to prove that your United States company already makes, or can make enough in the future, to support employees beyond yourself at a basic standard of living
      • These employees can come from your home nation
        • They are also eligible for an E-2 visa if they are willing to hold stakes in the business, have executive or supervisory skills, or are capable of specialized skills necessary to the operation of the business.
  • The company must have legal standing in its state of operation
  • You must be in the United States to manage and expand your E-2 business.
    • You may only work for the United States business that sponsors your visa

E. USCIS may require additional documentation to show that the applicant has been domiciled in the treaty country for a continuous period of at least 3 years at any point before applying for E-2.

4. What is the process of getting an E-2 visa?

  • If you are outside the United States
    • You will send your paperwork to the United States Consulate or Embassy of your home nation.
    • It is strongly recommended you hire an immigration lawyer
    • It will take you a month or so to gather your supporting documents.
      • You need to show who you are:
        • Your passport, or a copy of the biographical page of your passport
        • Valid visa photo
        • Visa application fee receipts
        • Visa appointment letter
        • Birth certificate
        • School records
      • You need to provide documents showing your willingness to take a financial risk, and your ability to support yourself and your United States company until it can operate at a profit. For example:
        • Business bank account with a large balance
        • Proof of income
        • Business loan secured by applicant’s assets
        • Unsecured business loan with investor’s signature
        • Purchases, such as land, equipment, or a lease of office space,
    • Your immigration lawyer will then need about two weeks to look over the documents to make sure they’re written and arranged in the way that particular consulate requests.
    • The consul takes six to eight weeks to look over your documents and research your qualifications
      • If they have any questions or want more information, this will increase the length of time
    • About a week after your application is accepted, you schedule an appointment for a visa interview.
      • Your lawyer will help you prepare answers to questions regarding your investment, source of funds, etc.
  • If your interview goes well, you should receive your E-2 visa within a week.
    • The E-2 visa is physically attached to your passport.
    • Your visa will be valid for five years
      • You can travel freely in and out of the United States as long as your visa is valid.
        • Upon each entry into the United States, your visa is renewed for another 2 years. 

It takes about 3 months, from start to finish, with no delays, to get an E-2 visa

  • To change your status if you are already inside the United States:
    • Only nonimmigrants who are legally residing in the US can apply for a Change of Status.
    • You will not be eligible for a Change of Status while you are abroad.
    • You should consult with an experienced immigration lawyer before filing for a change of status.
    • Your lawyer Files a change of status petition: Form I-129: The Petition for a Nonimmigrant Worker: on your behalf: https://www.uscis.gov/sites/default/files/document/forms/i-129.pdf
  • Consular Processing/Change of Status

You can apply to USCIS to convert your status to E-2 if you are already in the country. It takes two to three months to update your status through USCIS. You have the option of paying an additional $2,500.00 for premium processing to expedite the procedure. As a result, the processing period will be shortened to 15 calendar days. This procedure could be slowed or delayed by a request for further evidence.

The length of the original visa depends on America’s agreement with the investor’s country of origin. A new company will have a shorter duration for its visas. The government wants to study whether a business is trying to succeed. Some people start fake businesses to buy their way into America. The shorter visa protects the government against such attempts.

Applying for a Change of Status to E-2 Status:

If you’re already in the United States in some other valid non-immigrant status, you may be eligible to do what is called a change of status. A change of status is the process of going from one non-immigrant status to another non-immigrant status. By doing a change of status, you do not get an E-2 visa, instead, you get E-2 status.

With E-2 status, you have all the same rights to work for and operate your business in the United States. The main difference has to do with travel because if you leave the United States, you lose your E-2 status. To travel in and out of the U.S. you will need an E-2 visa. To do an E-2 change of status, your immigration lawyer will file Form I-129 with USCIS. Along with your Form I-129, your immigration lawyer will file all the supporting documents showing that you satisfy the E-2 visa requirements.

The entire change of status process takes place in the United States through USCIS. You do not need to leave the United States or do an interview.

E-2 visa processing time (Change of Status)

Here is a breakdown of the E-2 processing time if you are doing an E-2 change of status:

One of the benefits of doing a change of status through USCIS is that USCIS offers a premium processing service for an additional fee (currently $2,500). If you elect to do premium processing, USCIS must review your petition and issue a response within 15 days.

Keep in mind, premium processing only requires USCIS to issue the initial response within 15 days. So if the initial response is a Request for Evidence, USCIS is no longer required to issue a response within the 15-day timeline.

Total E-2 visa processing time (change of status):

  • Regular processing: About 2 to 3 months (with no RFEs)
  • Premium Processing: 15 days (with no RFEs)