E2 Visa – Requirements, Eligibility and Benefits

Here, our lawyers answer some of the most frequently asked questions about E2 visa requirements, eligibility and benefits. This visa is one of the most sought after visas for the United States because it provides many opportunities for investors and entrepreneurs seeking to live, work, and raise a family in the United States

The E2 visa is for foreign investors from treaty countries who invest in a business in the United States. Employees from the same treaty country as the investor are also eligible to apply.

The E2 visa allows you to manage and grow your investment, purchase a house and other assets, while residing in the United States. You can also bring your spouse and children to the US.

To qualify for an E2 visa you can:

Below our experienced E2 visa lawyers in Miami Florida USA, provide a comprehensive overview of the E2 visa requirements, eligibility, benefits and application process, and answer a series of frequently asked questions.

FAQs:

1. What is E2 Visa? 

The E2 visa is a nonimmigrant visa for investors, entrepreneurs and individuals who want to do business in the United States. To qualify, you can start a business, purchase an existing business or invest in a franchise in the United States.

Additionally, investors must be citizens of countries that have a treaty with the United States. Investors can also bring essential employees of the same nationality to assist them in managing and operating the business.

E2 visas are typically issued for many years and can be renewed indefinitely as long as you continue to meet the requirements. E2 visa holders can travel outside the United States as needed.

The E2 visa does not directly lead to permanent residency (green card). However, you can obtain a green card through various immigrant visa categories.

2. What are the benefits of E2 Visa?

3. What are the downsides of E2 Visa?

While E2 visa offers numerous advantages, there are some disadvantages:

Do you want to know more about the benefits of E2 Visa?

E2 VISA LAWYER

4. What are the E2 Visa Requirements?

To qualify for E2 visa you must meet the following requirements:

A. Investor is a citizen of an E2 treaty country

• To qualify for E2 visa, you must be a citizen of a treaty country, regardless of whether you became a citizen through birth or naturalization. If you are a citizen of multiple E2 countries, you can apply using any of your citizenships. Currently, there are over 80 countries that have a treaty with the United States.

• If you are a citizen of a country that is not included on the E2 treaty countries list, you do not qualify for E2 visa.

As of 2024, the E2 treaty countries are: 

Countries that do not have an E2 treaty:

Brazil	Greece	Peru
China	India	Russia

B. Investor has invested or is in the process of investing in a US business

• To qualify for E2 visa, investors must irrevocably commit the funds or assets invested to the US business. In addition, the investment must be at risk, meaning that you stand to lose the investment if the business fails or the visa is denied.

• In practice, funds are irrevocably committed when the investment has been made and the business is either operating or is very close to starting its operations.

• For investors purchasing a business or a franchise in the United States, the purchase price usually qualifies as irrevocable investment. However, the success of this approach depends on how the business purchase transaction is structured.

• Holding the purchase price in escrow contingent upon the issuance of the E2 visa can qualify as irrevocable investment. To ensure compliance with the regulations and increase your chances of approval, it is important to work with an experienced business immigration lawyer who can structure the transaction.

• For investors starting a business, expending funds on business expenses associated with the establishment of the business qualifies as irrevocable investment.

• However, the invested funds must be used only on expenditures that count as investment. Any investment in purchasing or leasing office space or other premises, paying marketing and technology expenses, salary and wages or purchasing equipment, inventory and professional services counts as an investment. Keep in mind that not all financial transactions constitute investment for E2 visa purposes.

• Moreover, your funds must come from lawful sources and you must in possession and control of the invested funds.  

• The source of the funds can include inheritance, gifts, sale of real estate property, sale of intellectual property, sale of a business, prizes and others. Loans can also be an acceptable source of funds but only in specific situations. Check out our article on using loans to obtain an E2 visa.

Sources of E2 investment:

• While cash is the most common form of investment, it is not the only way of qualifying for the E2 visa.

• You can also contribute equipment, inventory, digital assets, cryptocurrencies and even intangible assets such as intellectual property to satisfy the investment requirement.

C. Business is real and active

To be real and active, the business must produce and sell goods or or service. For example, a real and active business can be a restaurant, bar, yoga studio, gym, hairdresser, marketing agency, yacht rental service, travel agency and others.

However, non-profit organizations and investments in land, stocks and bonds are not considered real and active businesses.

Investments in real estate, such as real estate management or property management companies may qualify for E2 investor visa under certain circumstance.

You should consult with an experienced E2 visa lawyer to assist you with businesses based on investment in real estate.

D. Investment is substantial

To qualify for an E2 visa, your investment in the business must be substantial. The investment amount varies depending on the nature of the business and is determined on a case-by-case basis.

There is no minimum amount of money that you are required to invest for an E2 visa.

Generally, an investment of $100,000 or more is considered substantial, but lower amounts are also acceptable. However, investing $100,000 is not a mandatory and does not guarantee visa approval.

Our E2 visa lawyers have had successful E-2 visa applications with investments as low as $50,000.

To determine if the E2 investment is substantial, consular officers apply a proportionality test by comparing your actual investment in the business with the overall cost the business. The cost of an existing business is typically its purchase price. The cost of a startup is the actual cost to bring the business to the point of being operational.

For example, if you want to build a manufacturing facility in Texas, a nursing home in Ohio or a resort in Colorado, then $100,000 is not a substantial investment because the cost of establishing these businesses is significantly higher. These projects require investments of millions of dollars.

However, if you want to open a fruit stand in Miami, Florida, an online business in California or a consulting firm in New York, an investment of less than $100,000 can be considered substantial for E2 visa.  

E. Business is not marginal

The E2 business must be more than marginal. This means that it must be able to generate enough income to provide more than a minimal living for the investor and their family.

According to regulations, the business must have the present or future capacity to generate sufficient income to support the investor and their family, hire employees or make a significant contribution to the US economy within five years of starting operations.

You can prove that the E2 business is not marginal in two ways:

F. Applicant is in a position to develop and direct the US business

The investor must be in a position to develop and direct the E2 business. This means that the investor either owns at least 50% of the business or has control of the business through managerial control or other corporate device.

As an investor, you can satisfy this requirement by showing that you own at least 50% of the E2 business and are in a leadership position.

If a foreign business entity owns at least 50% of the E2 business, it must show that it develops and directs the E2 business.

If you do not own at least 50% of the business, you can satisfy this requirement by showing that you have managerial control of the business.

However, you can also enter into an equal partnership or joint venture with another individual, business or franchise while still being in a position to develop and direct the business.

If you and your business partner each own 50 percent of an E2 business, or you are an equal shareholder in a joint venture or partnership, you can satisfy the “develop and direct” requirement by showing that you each retain full management rights and responsibilities.

You cannot be a passive investor in an E2 business. You must be actively directing the activities of the business. For example, you cannot invest in an E2 business with a partner and have your partner manage the entire business without any involvement from your side.

E2 employees do not need to show that they are entering the United States to direct and develop the E2 business.

G. Applicant intends to depart the United States when the E2 status ends

You must intend to leave the United States when the E2 status ends.

However, this requirement does not preclude you from renewing your E2 visa or obtaining a green card. In fact, the E-2 regulations state that you can even sell your house and all your possessions in your home country and still meet this requirement.

The “intend to depart” requirement refers to your intent to obtain a green card through consular processing at a US consulate abroad rather than through adjustment of status within the United States.

You can satisfy the “intent to depart” requirement by signing a statement stating that you intend to depart the United States when the E2 status ends.

Do you want to invest in USA and get an E2 Visa?

E2 VISA LAWYER

5. What is the E2 visa process?

Do you need help with your E2 Visa?

E2 VISA LAWYER

6. How to apply for E2 visa? 

There are two ways to apply for E2 visa:

7. Do I need a business plan for E2 visa?

You must submit a comprehensive 5-year business plan with your E2 application when you invest in a start-up business or business circumstances require a business plan.

You are not required to submit a 5-year business plan when you purchase a business.   

The government examines your business plan to determine the viability of your E2 business.

We work with experienced business plan service providers to ensure your success in obtaining the E2 visa. For a comprehensive overview of the essential components of an E2 visa business plan, visit our dedicated E2 business plan page.   

8. Can I bring my family with E2 Visa? 

Yes, you can bring your spouse and unmarried children under 21 to the United States with an E2 visa. Your spouse and children receive E2 dependent visas which allow them to live in United States for the duration of your authorized stay.

However, you cannot bring your parents or other in-laws to accompany the principal visa holder.

To qualify for E2 visa, your spouse and children do not have to hold the same nationality as you. In fact, they are not subject to any nationality restrictions. This means that even if they do not hold the citizenship of an E2 treaty country, they can still obtain E2 dependent visas.

Your spouse can work in the United States and does not need to obtain a separate work permit. With an E2 visa, the spouse can also study in the US and attend schools and universities. 

Your children are not authorized to work. Children can study and attend any school in the United States on an E2 visa. 

9. Can child on E2 Visa work? 

No, children cannot work in the United States on E2 visa. Under the E2 regulations, children are not authorized to work in the US but they can study and attend public or private schools and universities.

Regarding volunteering, children on E2 visa can participate in unpaid volunteer activities as long as such activities do not constitute unauthorized employment. However, before engaging in any volunteering activities, it is important to consider the nature and structure of the activity to ensure compliance with immigration laws.

USCIS defines unauthorized employment as any service or labor performed for an employer within the United States by a foreign national who is not authorized to accept employment or who exceeds the scope or period of their employment authorization.

10. Can an E2 visa holder get a social security number (SSN)? 

Yes, the E2 investor and their spouse can get a social security number (SSN). However, children cannot get a SSN because they are not authorized to work in the United States.

For your children, you can obtain an ITIN (Individual Taxpayer Identification Number) to claim them as dependents on your IRS income tax return and obtain health insurance. For more information on how to get an ITIN, contact U.S. Internal Revenue Service or your accountant or tax professional. 

All E2 visa holders except children are required to apply for SSNs individually. To obtain the SSN, you must establish your identity and prove your valid immigration status. 

To apply for a SSN, the E2 investor and their spouse can submit a request for a social security number online with the Social Security Administration. Following the online submission, they must visit their local Social Security Office within 45 days to present the required documentation and complete the application process in person.

Upon verification of eligibility, the Social Security Office will mail the SSN card to the address provided. To learn more, visit the Social Security Administration website. Applying for a SSN and card is free. 

11. What are common E2 visa interview questions? 

The E2 visa interview is a crucial step in securing your visa approval. To be successful, you should be prepared to answer the following E2 visa interview questions:

While these questions are examples of common interview questions, you may not necessarily be asked the same questions during your interview. However, you should expect to answer similar questions.

Keep in mind that the E2 interview questions are tailored to the specific circumstances of each applicant, and as a result you are not asked the same set of question as another applicant.

E2 visa interview questions also vary based on whether you are applying as an investor, E2 spouse or E2 employee.

If you apply for an E2 visa in the United States through change of status with USCIS, you do not need to attend an E2 interview.

12. What is the E2 Visa processing time?

The processing time for an E2 visa varies from two weeks to five months depending on the specific US Embassy where the application is filed. This includes the time it takes for the US consular officers to review your application and schedule your interview.

If your visa application is approved, you can typically receive your passport with the E2 visa stamp within three to five business days. In some cases, you may be able to pick up your passport the same day as your interview.

You can file your E2 application at a US Embassy abroad or directly with USCIS in the United States.

Here is a breakdown of the E2 visa processing timeline:

If you apply for E2 visa within the United States, the processing time at USCIS is 15 calendar days with premium processing, or approximately 2 months with regular processing. For the most up-to-date processing times at USCIS, please consult USCIS website.

E2 visa processing time around the world

Please note that the processing times at US Embassies are subject to change. For the most accurate and up-to-date information, please consult the website of the specific US Embassy.

The E2 visa processing time for all E2 countries is:

1. Processing time for Albania is 7 days.   
2. Processing time for Argentina is 3 weeks. The initial application or renewal must be sent for review at least 3 weeks before the interview appointment.  
3. Processing time for Armenia is 2-4 weeks for initial E2 applications at the US Embassy in Yerevan.
4. Processing time for Australia is approximately 4 weeks at US Consulates in Sydney, Melbourne and Perth.
5. Processing time for Austria is between 2 to 4 weeks at the US Embassy in Vienna.   
6. Processing time for Azerbaijan is 14 days before the interview.
7. Processing time for Bahrain is up to 1 week.
8. Processing time for Bangladesh is on average 4 weeks at the US Embassy in Dhaka.
9. The current processing time for Belgium is on average 10 weeks (2 to 3 months) to review the E2 application and supporting documents.  
10. As of 2012, Bolivia no longer accepts E2 applications except for renewing applicants until June 10, 2022.
11. Processing time for Bosnia and Herzegovina is 1 week at the US Embassy in Sarajevo.  
12. Processing time for Bulgaria is approximately 3 months at the US Embassy in Sofia.
13. Processing time for Cameroon is up to 1 week at the US Embassy in Yaounde.  
14. E2 visa processing time for Toronto, Canada is between 4 to 6 months. Initial E2 applications and renewals are processed at the US Consulate in Toronto. 
15. Processing time for Chile is about 1 week.
16. Processing time for China (Taiwan) is between 2 to 4 weeks.
17. Processing time for Colombia is approximately 2 to 4 weeks at the US Embassy in Bogota.
18. Processing time for Congo (Brazzaville) is up to 1 week.  
19. Processing time for Congo (Kinshasa) is up to 1 week.  
20. Processing time for Costa Rica is about 1 week at the US Embassy in San Jose.
21. Processing time for Croatia is approximately 1 week at the US Embassy in Zagreb.
22. Processing time for the Czech Republic is between 2 to 3 weeks before the interview appointment. The visa processing times vary based on the time of year and the current workload at the US Embassy in Prague.
23. Processing time for Denmark, not including Greenland, is approximately 1 week. After review, the US Embassy in Copenhagen notifies the applicant to schedule an interview.
24. As of 2012, Ecuador no longer accepts E2 applications except for renewing applicants until May 18, 2028.
25. Processing time for Egypt is about 1 week at the US Embassy in Cairo.
26. Processing time for Estonia is approximately 1 week at the US Embassy in Tallinn.
27. Processing time for Ethiopia is approximately 1 week at the US Embassy in Addis Ababa.
28. Processing time for Finland is about 1 week. Upon receiving and reviewing the E2 application, the US Consulate in Helsinki contacts the applicant to schedule an interview.
29. Processing time for France, including Martinique, Guadeloupe, French Guiana and Reunion is 2 to 3 weeks.
30. Processing time for Georgia is approximately 1 week at the US Embassy in Tbilisi.
31. Processing time for Germany is about 4 weeks.
32. Processing time for Grenada is approximately 2-3 weeks.
33. Processing time for Honduras is between 2 to 3 weeks at the US Embassy in Tegucigalpa
34. Iran is no longer eligible for E2.
35. Processing time for Ireland is on average between 6 to 8 weeks.
36. Processing time for Israel is approximately 1 week.
37. Processing time for Italy is a minimum of 5 weeks.
38. Processing time for Jamaica is about 1 week.  
39. Processing time for Japan, including Bonin Islands and the Ryukyu Islands is between 3 to 4 weeks.
40. Processing time for Jordan is on average 1 week.
41. Processing time for Kazakhstan is approximately 2 weeks at the US Embassy in Nur-Sultan or US Consulate General in Almaty.
42. Processing time for South Korea is approximately 1 to 2 weeks at the US Embassy in Seoul.
43. Processing time for Kosovo is about 2 to 3 weeks at the US Embassy in Pristina.
44. Processing time for Kyrgyzstan is approximately 2-3 weeks at the US Embassy in Bishkek.
45. Processing time for Latvia is about 1 week at the US Embassy in Riga.  
46. E2 processing has been suspended at the US Embassy in Liberia.
47. Processing time for Lithuania is approximately 1 week at the US Embassy in Vilnius.
48. Processing time for Luxembourg is between 2 to 3 weeks at the US Embassy in Luxembourg.
49. Processing time for North Macedonia is approximately 2-3 weeks at the US Embassy in Skopje.
50. Processing time for Mexico is 3-5 months at the US Consulate General in Ciudad Juarez.
51. Processing time for Moldova is about 1 week at the US Embassy in Chisinau.  
52. Processing time for Mongolia is approximately 1 week at the US Embassy in Ulaanbaatar.  
53. Processing time for Montenegro is on average 1 week at the US Embassy in Podgorica.
54. Processing time for Morocco is about 1 week.  
55. Processing time for the Netherlands, including Aruba and Netherlands Antilles, is 12 weeks or more (minimum 3 months).
56. Processing time for New Zealand is approximately 3 weeks.
57. Processing time for Norway, not including Svalbard Spitzbergen, is 6 weeks on average for first-time company registration.
58. Processing time for Oman is about 1 week.
59. Processing time for Pakistan is between 2 to 4 weeks.  
60. Processing time for Panama is approximately 2 to 3 weeks at the US Embassy in Panama City.
61. Processing time for Paraguay is 1 week at the US Embassy in Asuncion.
62. Processing time for the Philippines is approximately 2 weeks at the US Embassy in Manila.
63. Processing time for Poland is between 1 to 2 weeks.
64. Processing time for Portugal is between 1 to 2 weeks.   
65. Processing time for Romania is 15 business days at the US Embassy in Bucharest.
66. Processing time for Senegal is approximately 4 weeks at the US Embassy in Dakar.
67. Processing time for Serbia is 2-3 weeks at the US Embassy in Belgrade.
68. Processing time for Singapore is approximately 2 weeks.  
69. Processing time for Slovakia is about 1 week at the US Embassy in Bratislava.
70. Processing time for Slovenia is on average 1 month at the US Embassy in Ljubljana.
71. Processing time for Spain is on average 5 weeks.
72. Processing time for Sri Lanka is about 1 week at the US Embassy in Colombo.  
73. Processing time for Suriname is approximately 1 week.
74. Processing time for Sweden is 60 days (8 weeks) on average to review applications before the interview.
75. Processing time for Switzerland is about 2 months (8 weeks) at the US Embassy in Bern.
76. Processing time for Thailand is about 15 business days (2-3 weeks).
77. Processing time for Togo is about 1 week.
78. Processing time for Trinidad & Tobago is approximately 1 week at the US Embassy in Port of Spain.
79. Processing time for Tunisia is between 6 to 8 weeks at the US Embassy in Tunis.
80. Processing time for Turkey is approximately 6 to 8 weeks.
81. Processing time for Ukraine depends on the US Embassy that accepts E2 applications from third country nationals. US Embassy Switzerland, Portugal and Canada accept E2 applications from Ukrainian nationals. The US Embassy in Kyiv is not processing E2 applications due to the war in Ukraine.
82. Processing time for the United Kingdom, the British Isles, the Channel Islands and Gibraltar is approximately 45 days (6 to 8 weeks) not including the Republic of Ireland.

13. Who is eligible for E2 Visa? 

To be eligible for E2 visa, you must be a national of a country that has a treaty with the United States. This means that individual investors and entrepreneurs must be nationals of E2 treaty countries.

To determine nationality, individual investors and businesses must meet certain E2 nationality criteria.

E2 Nationality Criteria

Dual Nationality

Permanent residence

E2 Treaty Countries

E2 investor visas are based on agreements between the U.S. and other countries. Because of this, the list of countries whose citizens can apply can change, and the specific requirements for each country may also be updated from time to time.

To navigate this, an experienced E2 visa lawyer can provide you with up-to-date information on treaty country status, visa terms, and application procedures, ensuring compliance with the latest regulations.

Are you eligible for E2 Visa?

E2 VISA LAWYER

14. What is the E2 visa minimum investment amount?

While there is no minimum investment amount required to obtain an E2 visa, our experience suggests that it is advisable to invest about $100,000. Investments lower than $100,000 can qualify, and we have had success with investments as low as $50,000 in cases where the business shows strong potential for success. However, you should avoid investing less than $50,000. 

To qualify for the E2 visa, you must invest, or be in the process of investing, a substantial amount of capital in a US business.  

A substantial amount refers to an investment that is proportionate to the nature of the business, the overall cost of purchasing an existing business or establishing a new one, and the financial commitment required to ensure the success of the business.

For capital intensive businesses, the E2 visa minimum investment amount can range from hundreds of thousands to millions of dollars.

Conversely, for businesses that are not capital intensive, investments of $100,000 or less may be sufficient.

Ultimately, the investment must be large enough to ensure the success of the E2 business.

When purchasing an existing business, the investment amount typically corresponds to the purchase price, which is normally considered to be the fair market value. 

When establishing a new business, the investment amount corresponds to the total cost associated with establishing the business.

Our experienced E2 visa lawyers can provide tailored guidance on the investment requirements specific to your business and help you determine the appropriate investment level for your application.

At risk Investment

The capital invested must be placed at risk in the US business in the hope of generating a financial return. Moreover, the investment must be subject to total or partial loss if the business fails.

Simply depositing funds into a bank account is not sufficient to show that the investment is at risk and does not meet the investment requirement.

Moreover, being in the preliminary stage of signing contracts or searching for suitable locations and properties does not meet the investment requirement.

Similarly, inheriting a business does not constitute an investment for purposes of E2 visa.

The E2 visa regulations governing the investment of funds are designed to ensure that the investor is committed to the success of the business and is not simply a gamble.

Furthermore, the investment funds must not be derived, directly or indirectly, from criminal activities. If you have any doubts about proving that the source of funds complies with US immigration laws, it is recommended that you engage an experienced E2 visa lawyer to guide you.

Finally, the investor or entrepreneur must develop and direct the business in which they invest. They cannot be a passive investor in the E2 business and must show that they own at least 50% of the enterprise or possesses operational control through a managerial position or other corporate devices.

Small joint ventures may also qualify as E2 businesses, provided that at least 50% is owned by a citizen of a treaty country.

15. How Long Can I Stay in the US on an E2 Visa?

You can stay in the United States indefinitely through unlimited visa renewals or two-years status extensions, provided that you continue to meet the E2 requirements. There is no cap on the number of renewals or extensions you can apply for.

E2 Visas are valid for a period ranging from three months to five years depending on your nationality.

For example, the maximum validity period for an E2 investor visa issued to a Mexican citizen is four years based on updated visa terms effective as of 2020. Conversely, for citizens of most European countries, the E2 visa validity is two to five years, with certain exceptions.

However, even if your E2 visa is valid for five years, it does not mean that you can stay in the United States for the entire five year period without interruption.

Your E2 status, not the visa validity, determines how long you can stay in the United States.

Each time you enter the US with an E2 visa, you are granted two years of status. This means you can remain in the country for two consecutive years during a single stay. To extend your stay, you can either request a status extension from USCIS or depart from the United States and re-enter to receive an additional two years of status.

E2 investor visas can be renewed indefinitely, allowing investors and entrepreneurs to maintain their status in the United States for an extended period.

16. E2 employee visa

To obtain an E2 employee visa, you need a job offer from an E2 business. This visa category is designed for executive, supervisory and specialized skills workers. To learn more, visit E2 visa for employees.

E2 employees do not need to show that they are entering the United States to develop and direct the E2 business.

To qualify for an E2 employee visa, you must:

The three types of employees eligible for E2 employee visa are:

[9 FAM 402.9-7].

17. Why work with an E2 visa lawyer?

The E2 visa laws and regulations are complex because they are designed to ensure that investors are committed to the success of the business. Moreover, investors must ensure that specific business transactions, such as loans or business purchases, align with both US immigration standards and E2 visa regulations.

In the United States, only lawyers licensed to practice law in the United States are legally authorized to provide legal advice on US laws, including immigration laws.

Individuals who are not admitted in any of the US state bars, are not authorized to practice law in the United States or interpret or advise clients.

Moreover, clients who seek legal counsel from licensed attorneys benefit from confidentiality and attorney-client privilege, which is a fundamental protection under US laws.

In addition, an experienced E2 visa lawyer can provide valuable support to foreign investors, business owners and entrepreneurs, including:

The E2 visa is at the intersection of business and immigration law. Navigating E-2 visas requires expertise in both corporate law and immigration regulations.

Our expert E2 visa attorneys in the United States have the requisite expertise in business and finance necessary to provide you comprehensive and competent legal advice. We go beyond basic legal counsel to ensure you make informed decisions about the E2 visa and other business visa options.

18. How to go from E2 visa to green card? 

After obtaining an E2 visa, the next step is to transition to a green card. Going from an E2 to a green card is not an automatic process and requires careful planning. 

Here’s a breakdown of green card options to go from E2 visa to green card:

1. EB-5 Investor Visa
2. EB-2 NIW 
3. EB-1C and EB-1A 
4. Employer-sponsored PERM EB-2 and EB-3
5. Family-sponsored green card 
6. Diversity Visa Lottery

EB-5 Investor Visa

Foreign investors can go from the E2 visa to a green card by investing in the EB5 investor program.

To qualify for the EB-5 immigrant investor program and go from an E2 visa to an EB-5 green card, foreign investors must make an investment of at least $800,000 in a commercial enterprise primarily operating within a targeted employment area. Alternatively, they can invest $1,050,000 in a business located in an urban or low-unemployment area (non-TEA). In both cases, the business must create at least 10 full-time jobs.

For troubled businesses, EB-5 investors can preserve the existing employment levels, eliminating the requirement to create 10 additional full-time jobs. In this case, investors can focus on preserving the existing jobs.

In practice, E2 investors can make additional investments into their E2 business to meet the investment threshold for the EB-5 green card. This includes the initial E2 investment and any subsequent investments made to grow the E2 business. In other words, you can apply for the EB-5 green card using the same business for which you obtained an E2 visa.

Importantly, jobs created through the initial E2 investment can count towards the 10 jobs required for the EB-5 green card.

For example, if you invest $100,000 into an E2 business providing cleaning and maintenance services and later expand you business from rural Miami to other parts of Florida and Georgia, your initial investment can be applied towards the EB-5 investment requirement. The minimum investment in rural areas for an EB-5 green card is $800,000, meaning you need to invest an additional $700,000 into your E2 business to qualify for an EB-5 green card.

Alternatively, investors can maintain their existing E2 business while simultaneously investing in EB-5 regional center projects. For a discussion about the risks associated with EB-5 investments, visit Is EB5 risky?.

EB-1 Visa

EB-1 visa is available to:

• Individuals who possesses extraordinary ability in the arts, sciences, athletics, education or business
• Outstanding professors or researchers or
• Multinational managers or executives

The EB-1C visa category for multinational manager or executive is a viable path to permanent residency for E2 investors who have held managerial or executive positions at a related foreign entity for at least one year in the prior three years.

In addition, the EB-1A visa category for individuals who possess extraordinary abilities in the arts, sciences, athletics, education or business serves as a potential route to a green card.  

EB-2 Visa National Interest Waiver

For E2 investors seeking to transition from an E2 investor visa to a green card, the EB-2 National Interest Waiver (NIW) is an option.

The EB-2 NIW is for individuals who hold an advanced degree or posses exceptional ability and whose employment in the United States would significantly benefit the nation. Both advanced degree holders or individuals with exceptional abilities are eligible for this visa category.  

Do you want to go from E2 visa to green card?

E2 VISA LAWYER

Employer-sponsored green card

Another way to go from an E2 investor visa to a green card is to have a US company sponsor the investor or their spouse for a green card.

To obtain a green card through employment, a US employer must first file a PERM Labor Certification with the US Department of Labor (DOL). Upon approval of the PERM Labor Certification, the investor becomes eligible for a green card through employment.

Keep in mind that the PERM Labor Certification requires the US employer to go through an extensive recruitment process to ensure that no qualified US workers are available for the sponsored position.

Family-sponsored green card

Family members or close relatives who hold US citizenship or green cards can sponsor E2 investors for permanent residency.

E2 holders can obtain a green card through marriage to a US citizen or permanent resident.

Transitioning from an E2 investor visa to a green card is a complex process with many intricacies. Hiring an experienced business immigration attorney can save time and money as you work towards a green card.

19. How to renew or extend an E2 visa? 

If you want to continue to live and work in the United States, you must renew or extend your E2 visa before it expires. If your visa is expiring soon or you simply want to plan ahead, it is important to be aware of this requirement.

To renew your E2 visa, you must initiate the renewal process before the expiration date of your visa. Remember to also maintain and extend your E2 status every two years, as per the I-94 record. To check your I-94, visit the I-94 Official Website.

Despite your visa’s validity, there are instances when you must apply for an E2 status extension in the United States to maintain your status even if your visa is still valid. Such situations arose in the past due to travel restrictions during the COVID-19 pandemic.

The initial validity of your E2 visa varies based on your country of nationality and the robustness of your business. Occasionally, US Embassies issue visas for a shorter period than the maximum allowed due to the inherent volatility of E2 businesses.

If the business is successful, US Embassies tend to renew E2 visas for the maximum period allowed under the specific E2 treaty. This is for example the case with UK where initial E2 visas are generally granted for three years (maximum period is five years) and if the business succeeds then the E2 visa is renewed for 5 years.

E2 Visa renewal or extension?

E2 VISA LAWYER

Where to apply to renew or extend your E2 visa?

Upon expiration of your E2 visa, you can apply for renewal or extension at the US Embassies and Consulates abroad or directly with USCIS, if you are currently residing in the United States.

If your valid E2 visa is not expiring and you are unable to depart the US to obtain an automatic two-year re-entry, you must file for E2 status extension directly with USCIS, following the same procedures as a new E2 application

If you are in the US and you do not intend to leave and your E2 visa is expiring, you can apply for renewal or extension directly with USCIS up to six months before the expiration date of your I-94.

Whenever USCIS approves your E2 renewal application, you are granted an additional two year extension. This process can be repeated indefinitely, allowing you to maintain your E2 status for extended periods.

However, please note that if you renew your E2 status through USCIS and you depart the United States, you need to obtain a valid visa to reenter the US. This means, you must apply for a new E2 visa at a U.S. Embassy or Consulate abroad. US Embassies and Consulates are not bound by decisions made by USCIS when adjudicating visa applications.

20. How many employees do you need for E2 Visa? 

You do not need to hire any employees when applying for an E2 visa for a startup business. However, if you want to improve your chances of approval, you can hire one to two employees either part-time or full-time. 

To renew your E2 visa, you generally need to hire three to five employees by year five.

When you purchase an existing business, the number of employees required for an E2 visa depends on the nature and size of the business. Nevertheless, you should have few employees to operate the business and generate revenue.

21. Do E2 visa holders pay taxes? 

Yes, E2 visa holders generally pay taxes in the United States. They must file federal tax returns on all qualifying income with the Internal Revenue Service (IRS). Depending on the state, they may also have state tax obligations. You should contact a certified public accountant (CPA) to discuss your tax obligations.   

22. Are E2 visa holders resident aliens?

Yes, E2 visa holders can be resident aliens for tax purposes. However, resident alien does not mean permanent resident of the United States (green card holder). Resident alien is a term used to indicate tax residency in the United States; it is not used to indicate immigration residency.

According to IRS, you are considered a resident alien for a calendar year if you meet the green card test (you become a permanent resident) or the substantial presence test (you spend certain number of days in US).

For immigration purposes however, E2 holders remain nonimmigrants and as a result they are not permanent residents (green card holder) unless and until they obtain a green card.

So, as an E2 holder, you can be a resident alien for tax purposes while not a permanent resident.

23. Can I bring my parents on E2 visa?

No, you cannot bring your parents on E2 visa. However, in certain circumstances your parents may qualify for an E2 investor visa or employee, or another visa. 

24. E2 visa investment examples 

To learn more about successful E2 investments and businesses, visit our most recent E2 visa success stories.

25. Do E2 visa holders have any travel restrictions?

No, E2 visa holders do not have any travel restrictions. With an E2 visa, you can travel as many times as needed without seeking special permission.

You can also spend time outside the United States, provided that you have an intention to return and your business continues to operate. The duration of your stay abroad is not subject to any specific restrictions.

Additionally, you are free to travel to any country as there are no restrictions regarding the countries you can visit while holding an E2 visa.

If you have any questions about travel restrictions or have any travel related concerns, you should consult with an immigration lawyer.

26. Can I buy a business for an E2 visa?

Yes, you can buy a business for an E2 visa. In fact, buying an existing business can be a great way to qualify for an E-2 visa, as it shows that you have made a substantial investment in the United States, you are hiring US employees and your business is likely to succeed. 

27. Can E2 visa holder apply for green card? 

Yes, an E2 visa holder can apply for a green card. However, contrary to misconceptions, owning an E2 business does not automatically qualify you for a green card. Instead, you need to identify suitable green card options based on your particular situation. 

There are several different green card categories you may be eligible for:

28. Can I buy a house with E2 Visa?

Yes. You can buy a house in the US regardless of your immigration status. However, owning a house by itself does not qualify you for the E2 visa. You cannot use the purchase of a house to qualify for E2 visa as owning a house does not constitute business activity.

However, if already have an E2 visa and would like to buy a house, then you can.

29. Can E2 Visa holder get mortgage?

Yes. E2 visa holder can get a mortgage loan to buy property in the United States, whether it is for a residential or commercial property.

Please note that some lenders, particularly large banks such as Wells Fargo, Bank of America and the likes, do not offer mortgages to E2 visa holders. However, smaller lenders, regional banks and non-traditional lenders typically do. To get started on obtaining a loan, E2 visa holders should contact a mortgage lender to discuss their options.

30. Can I bring people with my E2 visa?

Yes. Investors and their employees can bring two categories of people to the United States with E2 visa:

31. How can our best E2 Visa Lawyers assist you?

For a successful E2 application, investors are encouraged to work with an experienced E2 visa lawyer who can represent them throughout the process, including at USCIS and US Embassies and Consulates.

Our experienced business and immigration lawyers in Miami, Florida USA are here to simplify your visa process. We guide you every step of the way, from evaluating your eligibility to preparing your application and necessary documents to meet all E2 requirements.

Together with our immigration lawyers, you can explore all available visa options and gain expert advice on making a successful E-2 investment.

For more information about the E2 visa or to consult with our best E2 visa lawyers in Miami, Florida USA, contact us now or schedule a consultation. 

Malescu Law PA: E2 visa lawyers & Immigration Lawyers