E2 Visa Requirements

 

There are certain requirements for E2 Visa, such as a minimum investment and a specific list of countries that have an E2 treaty with the United States. Learn everything you need to know here.

E2 Visa Requirements

An E-2 Treaty Investor Visa is a non-immigrant work visa reserved for entrepreneurs of nations that have a treaty of commerce and navigation with the United States. It enables foreign investors, as well as immediate family members and key employees, to freely travel and work within the U.S. based on a “substantial” financial investment in a bona fide business enterprise.

When choosing to file a petition for an E-2 Investor Visa, it is important to have a thorough understanding of the requirements for obtaining it. Here, our experts at E-2VisaWorld guide you through the requirements for E2 Visa to set you on the path toward bringing your investment abroad.

E2 Visa Minimum Investment Requirements

To qualify for an E-2 Visa, you must have made or actively be in the process of making a considerable financial investment in a US enterprise. However, there are a number of additional requirements that this investment must meet.

Additional requirements include a substantial investment, and the investment should generate profits to support a living not just for the beneficiary. Although the amount the U.S. government considers substantial is not predetermined, you must prove that the investment is sufficient to guarantee the successful operation of the business enterprise. You can prove the investment is substantial by using corresponding personal or business bank statements.

In addition, money should be invested in an active U.S. business enterprise, and the funds must have a legitimate origin.

E2 Visa USA Minimum Investment

Here is a brief summary of the additional E-2 Visa investment requirements as set out by the United States Citizenship and Immigration Services (USCIS):

  • The financial investment should be substantial: Your financial investment in the business enterprise should be sufficient to ensure the successful operation of the enterprise for a considerable period of time. While the amount of money required to be considered substantial depends upon the type and size of the business, our expert consultants recommend that you invest a minimum of $80,000 USD for a greater chance of having your application be accepted.
  • The financial investment is in a bona fide operating business enterprise: The financial investment must be held in a business venture that offers a legitimate service or product. A simple real estate investment, for example, does not qualify. Several documents such as tax returns, bank statements, or contracts with vendors or customers of the business enterprise can demonstrate that the business is bona fide.
  • The financial investment should not be marginal: The underlying objective of the treaty investor visa is to create jobs for US employees. To satisfy this objective, the enterprise must have a present and future capacity to create earnings that will not only cover the living expenses of the financier and their household but also have a significant impact on the US economy. Making a business plan that shows the growth of the business enterprise in the next five years or planning to hire additional employees in the future can be used to demonstrate that a business is not marginal.

Our multilingual team of consultants has extensive experience counseling international companies and individuals in establishing and developing their presence in the United States, as well as special expertise in US immigration law. We have helped hundreds of companies worldwide to successfully land their businesses in the US.Our clients are as diverse, but all of them share a desire for a better life and a hunger to pursue the American Dream. When you place your future in the US in our hands, you can rest assured that you will receive nothing less than the specialized and attentive counsel you deserve.

E2 Visa Requirement Overview for Investors

If the investment meets the requirements above, the investor still needs to meet a number of additional requirements to qualify for an E-2 Visa. For example, it must be proved that the sole purpose for entering the country is to run or develop the business enterprise. However, the most fundamental of these requirements is that the treaty investor must be a citizen from a country with an E-2 qualifying treaty with the US, also known as a treaty country. A full list of these countries can be found here. Some of the nations on this list include Australia, Argentina, Canada, Colombia, Egypt, Ethiopia, France, Germany, Italy, Japan, Mexico, South Korea, and the United Kingdom.

 

Applicant Requirements for E2 Visa

There are two additional requirements for getting an E-2 Visa as a treaty investor:

  • The person interested in investing should be coming to the US to develop and direct an enterprise that she or he either owns or that is at least 50% owned by other nationals of their treaty country of citizenship.
  • This person needs to intend to leave the US when his or her period of work in the US is finished. The candidate will likely be asked to prove to the US consulate their plans to eventually leave the United States.

If you are still unsure about whether you may apply for an E-2 Investor Visa, you can complete our E-2 eligibility survey or directly contact our team. If we determine that you are eligible, we’ll expertly guide you through each step of the application process. We are prepared to help you explore your investor and business visa options with professionalism, diligence, and determination. Our E-2VisaWorld team of highly skilled consultants, business and immigration law experts, will give their best to finish this process with you successfully.

E2 Visa USA Requirements for Employees & Family

In addition to the treaty investor, key employees and immediate family members may also be eligible for the E-2 Visa. 

The E-2 Visa requirements for an employee include:

  • Be of the same nationality as the employer
  • Satisfy the meaning of an “employee” under the relevant law
  • Either remain in an executive or supervisory role within the E-2 business or hold unique qualifications if employed in a lesser capacity

An “executive role” describes a position in which you have the authority to influence policy and affect the direction of the business. A “supervisory role” is one in which you have total managerial authority over the business. What would be deemed a “unique qualification” will depend on the specific circumstances, but it will generally need to be vital to the successful operation of the business and cannot be sufficiently filled by a US worker. Like many of the requirements, this is largely subjective and situational, so please reach out to our lawyers to determine whether your or your employee’s position meets these E-2 Visa USA requirements.

Spouses and unmarried kids (under the age of 21) of the E-2 treaty investor or employee may also apply for an E-2 Visa along with the primary E-2 candidate. Unlike employees, there are no citizenship requirements for family members. The duration of the stay is the same for these individuals as for the primary applicant. Spouses can obtain an Employment Authorization Document utilizing Form I-765 and kids can study within the U.S. as long as they meet the age and marital status requirements.

E2 Visa Renewal Requirements

The E-2 Visa is initially issued for a five-year duration. With the help of our E-2 Visa lawyers, you can acquire E-2 status extensions for up to two years at a time from the USCIS. Given that there is no limit on the number of extensions you can get, you can remain in the US for an indefinite period of time as long as you meet the initial requirements.

 

E2 Requirements for Renewal

Below are the basic E-2 Visa renewal requirements the investor should comply with:

  • Supply evidence of compliance with E-2 terms.
  • Reveal proof of being physically present throughout the time of the extension application
  • Prove that he or she will leave the U.S. and return to their home country once the E 2 status has been terminated

The investor does not need to wait until the initial visa has expired for renewal — in fact, you may automatically be granted an extension of two years upon returning to the US if you travel abroad as an E-2 investor.

Learn More About E2 Investor Visa Requirements

If you need help applying for an E-2 Visa, the legal representatives at E-2VisaWorld can help you to file based upon the USCIS and U.S. Department of State standards. With years of experience helping foreign investors get their start in the US, we are distinctly qualified to assist you with your particular E-2 case.

By filling out our contact form, you can schedule a consultation with a trusted E2 Visas lawyer, where we’ll discuss which strategy will best fit your case and help guide you on the road to success. If we determine that you do not meet the requirements for an E-2 Visa, we will recommend more appropriate non-immigrant status options and guide you through each step of the process.

No matter which path you take, we’re here to help you get there. The sooner you take the leap to speak with an E -2 Visa lawyer, the sooner you’ll begin to reap the benefits of bringing your investment to the United States. Contact us today to get started.

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If you need personalized and professional assistance applying for an E-2 Investor Visa or an E-1 Trader Visa for the United States, reach out to our team of legal experts using this form and we’ll get back to you promptly.