The U.S. is a hub of business, infrastructure, and cultural enthusiasm. However, it is quite complicated to visit the U.S. if you are a non-immigrant. To simplify this complexity, there are several visas available through which you can visit the U.S. for tourism, study, business, or work purposes.
Such a visa that allows you to visit the U.S. for a short period is E2 Visa. this visa is specifically for those wishing to invest in the U.S. or explore investment opportunities there.
This blog sheds light on E2 Visa and guides you through its requirements, application process, and associated costs.
An Overview of E2 Visa
E2 Visa is commonly referred to as Treaty Trader and Investor Visa. it is a type of visa that allows investors or employees from treaty countries to live and work in the U.S. To be eligible for this visa, an investor should invest a significant amount in the U.S. The investor can work in the U.S. in the business they have invested in. Furthermore, if a company makes the investment, the managing director or any other employee of the investing company can work in the U.S. on an E2 visa.
To qualify for an E2 visa, the investor’s country should have a special trade agreement with the U.S.
Key Benefits of E2 Visa
E2 visas offer several benefits to investors and treaty countries. Here are some of them.
- There is no minimum investment requirement for an E2 visa. For investment purposes, the investment should be “substantial”. A substantial investment is one that includes the total cost of either purchasing an established business or establishing a new one.
- It offers ample investing opportunities to the investors and allows them to acquire or start a new business in the U.S.
- An E2 visa is valid for 5 years if approved and can be renewed from time to time.
- E2 visa offers multiple entry to the visa holder.
- E2 visa allows the dependents of the visa holder, including spouses or children below the age of 21 years, to travel to the United States with them.
Essential Requirements of E2 Visa
An application for obtaining an E2 visa must satisfy the following conditions:
1. Citizenship form a Treaty Country
The applicant applying for the visa should be a member of the treaty country i.e., with which the U.S. has a special trade agreement.
2. Substantial Investment
The applicant must have invested a substantial amount in the U.S. The investment can be made to an existing business, to start a new business, or to expand an existing business. The amount of the investment depends on the nature and value of the business in which the investor wants to invest.
3. Active Business
The E2 visa is meant for active or profit-making business. It is not for investors who want to invest in real estate or other non-profit organizations.
4. Ownership and Control
To be eligible for an E2 visa, the investor should at least own half of the company or must have more than 50% equity. If the investor has less than 50% shares, then they must prove that they have control of the business through a managerial or equivalent position.
5. Intent to Depart
The investor must intend to depart the U.S. when their E2 visa expires.
How to Apply for an E2 Visa?
There are two different methods of applying for an E2 visa. First, when you apply within the U.S., and second, when you apply from outside the U.S. Let’s see what the visa process is in both cases.
When You Apply Within U.S.
When you are applying for an E-2 visa within the U.S., you need to follow these simple steps:
- Ensure that you are a member of the treaty country and fulfill all E-2 visa requirements.
- File Form I-129 (Petition for a Nonimmigrant Worker).
- Gather all relevant documents, including business documents, proof of investment, business idea or plan, and sources of funds, and attend the interview.
- Within a few days, you will receive the decision. If your visa is approved, your status will change to an E2 visa. If not, then you can reapply.
When You Apply from Outside the U.S.
When you are applying for an E2 visa from outside the U.S., you can follow the procedure given below:
- Ensure that you are a member of the treaty country and fulfill all the necessary requirements for an E2 visa.
- File Form DS-160 (Online Nonimmigrant Visa Application).
- Submit your application with relevant documents. The counselor will review your application and schedule an interview.
- Attend the interview and be prepared to discuss your purpose of the visit and investment plan.
- If you clear the interview, you will receive your visa application. If not, then you can reapply or ask the reason for refusal from the Embassy.
Cost Considerations and Processing Time
To apply for an E2 visa, an applicant must fill out a DS-160 Form and submit all the relevant documents, including identity proof, passport, and travel itinerary. DS-160 is an online form for non-immigrants who are seeking a temporary visit to the U.S. The cost of applying for a DS-160 form is $185. Besides, if you are seeking a visa to work in the U.S., you must file Form I-129: Petition for a nonimmigrant worker. The cost of filing form I-129 is $1,015 and an additional fee of $510 (if applicable for small employers or Nonprofits). Apart from these costs, there are other costs like processing fees, application fees, and consultation fees, which depend on the application and circumstances of the applicant.
An applicant can easily apply for an E2 visa. The visa processing time is also shorter. It takes a couple of months to get your E2 visa. However, if there is any issue or mistake in the application form, it can take much longer time or even your visa can get rejected. However, in such cases, you can consult with expert immigration lawyers and get your visa application process faster.
Unlock Opportunities: Simplify the E2 Visa Application Process
Applying for an E2 visa is quite simple when you are from the treaty country and fulfill all the relevant requirements. You just need to file Form I-129 if you are applying for the visa within the U.S. and Form DS-160 if you are applying from outside the U.S. Once you have applied for the visa, you need to wait a couple of months to receive your visa.
If there is any complexity or your visa application gets rejected, you can contact Di Martino Law Group to solve these little problems. Besides, the firm will guide you throughout the process and make it easy for you to visit the U.S.
Frequently Asked Questions
1. Can you invest in any type of business for an E2 visa?
Yes, but it must be a legitimate, active, and for-profit business. Passive investments (like real estate rentals) do not qualify.
2. Can you buy a franchise with an E-2 Visa?
Yes! Franchises are a popular option for E-2 investors since they provide a structured business model.
3. Can you renew your E-2 Visa?
Yes! There is no limit to renewals as long as your business remains active and meets visa requirements.
4. Can your spouse work in the U.S. on an E-2 Visa?
Yes! E-2 spouses can apply for a work permit (EAD) and work in any industry.
