E2 Visa – Requirements, Eligibility and Benefits
The E2 Treaty Investor Visa is a U.S. non-immigrant visa suitable for individuals who make an investment in a commercial enterprise in the United States.
The E2 visa allows you to start or purchase a business in the US, live in the United States, buy a house and work for your business.
As E2 Visa Lawyers in Miami Florida USA, we have experience on the subject and we share our knowledge regarding E2 Visa for all those interested in getting one with the help of an experienced E2 Visa Lawyer.
As E2 Visa Lawyers in Miami, Florida, USA we use our expertise to advise you on all aspects of business immigration, capital raising and daily business operations to business growth strategies.
In order to qualify for an E-2 Treaty Investor Visa, the Investor must meet certain minimum requirements.
Overview:
- What is E2 Visa?
- What are the benefits of E2 Visa?
- What are the E2 Visa Requirements?
- What is the process of getting an E2 Visa?
- How to Apply for E2 Visa?
- Do I need a business plan for E2 Visa?
- Can I bring my family with E2 Visa?
- What are possible E2 Visa Interview Questions?
- What is the E2 Visa Processing Time?
- Who is eligible for E2 Visa?
- What is the E2 Visa Minimum Investment Amount?
- How long can I stay in the US on an E2 Visa?
- E2 Employee Visa
- Why should you work with an E2 visa lawyer?
- How to go from an E2 Visa to a Green Card?
- How to renew or extend an E2 visa?
- How many employees do you need for E2 Visa?
- Conclusion
1. What is E2 Visa?
The E2 Visa for USA is a nonimmigrant visa for investors, entrepreneurs and people looking to run a business in the United States. To qualify for an E2 visa, you can start a business in the US, purchase a business or franchise or otherwise invest in an existing US business.
In addition, the E2 Visa allows foreign investors to bring essential employees of to the US on an E2 Visa to help them run the business in the US.
The E2 Visa is a nonimmigrant visa meaning that it does not allow you to permanently immigrate to the USA and does not automatically lead to or qualify you for a Green Card (permanent residency). You can find out how to go from an E2 visa to a Green Card in below.
The E2 Investor Visa allows a national of a treaty country to temporarily come to the United States together with their spouses and children to live and work. The E2 visa is available only to people who citizens of certain countries that have an E2 treaty with the United States.
The E2 Investor Visa allows the investor or entrepreneurs and their spouse and children to travel outside of the United States multiple times.
The E2 Visa can be renewed indefinitely as long as you continue to meet the E2 visa requirements and the E2 business continues to operate.
2. What are the benefits of E2 Visa?
The E2 visa has many benefits for investors and entrepreneurs including:
• You can live and work in the US full time
• E2 visa is multi entry and you and your family (spouse and children) can travel internationally
• You can bring your spouse and children under the age of 21 on an E2 Visa
• Your spouse on E2 visa has an unrestricted right to work in the US; the spouse can work for any company in the US, full-time or part-time and even start their own company
• Your children can attend US schools, colleges and universities and are not required to obtain a F-1 student visa
• You can renew or extend your E2 visa as many times as you wish and can live and do business in the US indefinitely
While there are not many disadvantages to the E2 visa, some of the E2 visa disadvantages include:
• E2 Visa is available only to citizens of certain countries which have a treaty of commerce and navigation with the United States; the most current and complete list of E2 Visa countries can be found here
• You as an investor or E2 employee can work only for the E2 business
• You and your family are granted 2-years of status each time you enter the US; this should not be confused with the validity of E2 Visa in the passport
Do you want to know more about benefits of E2 Visa?
3. What are the E2 Visa Requirements?
To qualify for an E2 visa you must meet the following E2 visa requirements:
- The investor is a citizen of one of the E2 Treaty Countries
- The investor has invested or is in the process of investing in a US business
- The business is real and operating
- The investment is substantial
- The business is not marginal
- The applicant is in a position to develop and direct the business
- The applicant intends to depart the United States when the E2 status ends
A. The investor is a citizen of one of the E2 Treaty Countries
You must be a national of a country with an E2 treaty with the United States. Your nationality is determined by your citizenship. In cases of dual or multiple citizenships of E2 treaty countries, you can apply under any citizenship you hold.
As of September 2022, you must be a citizen of one of the following E2 Treaty Countries to qualify for an E2 visa.
The E2 Visa treaty countries currently are:
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E2 Treaty Countries |
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Albania |
Finland |
New Zealand |
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Argentina |
France |
Norway |
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Armenia |
Georgia |
Oman |
|
Australia |
Germany |
Pakistan |
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Austria |
Grenada |
Panama |
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Azerbaijan |
Honduras |
Paraguay |
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Bahrain |
Ireland |
Philippines |
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Bangladesh |
Israel |
Poland |
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Belgium |
Italy |
Romania |
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Bolivia |
Jamaica |
Senegal |
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Bosnia and Herzegovina |
Japan |
Serbia |
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Bulgaria |
Jordan |
Singapore |
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Cameroon |
Kazakhstan |
Slovak Republic |
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Canada |
South Korea |
Slovenia |
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Chile |
Kosovo |
Spain |
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China (Taiwan) |
Kyrgyzstan |
Sri Lanka |
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Colombia |
Latvia |
Suriname |
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Congo (Brazzaville) |
Liberia |
Sweden |
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Congo (Kinshasa) |
Lithuania |
Switzerland |
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Costa Rica |
Luxembourg |
Thailand |
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Croatia |
North Macedonia |
Togo |
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Czech Republic |
Mexico |
Trinidad & Tobago |
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Denmark |
Moldova |
Tunisia |
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Ecuador |
Mongolia |
Turkey |
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Egypt |
Montenegro |
Ukraine |
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Estonia |
Morocco |
United Kingdom |
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Ethiopia |
Netherlands |
Yugoslavia |
Some major countries that do not have an E2 treaty with the United States include:
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Brazil |
Greece |
Peru |
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China |
India |
Russia |
B. The investor has invested or is in the process of investing in a US business at the time of application for E2 Visa
The most important point is that the investor has irrevocably committed the funds to the investment at the time of application.
In practice, funds or assets are irrevocably committed when the investor is in such a position that he or she will lose the investment if the E2 Visa is not approved.
For investors purchasing a business or a franchise business in the United States, conditioning the purchase and payment of purchase price on the successful issuance of an E2 Investor Visa can qualify as an irrevocable investment. This depends on how the business purchase transaction is structured. To do it properly it is important to work with am experienced business immigration attorney who can structure the transaction to meet all E2 Visa requirements and ensure the success of an E2 Visa application.
In addition to the investment funds being irrevocably committed, the funds must be spent only on those transactions that count as investment because not every financial arrangement constitutes an investment for E2 Visa purposes.
Moreover, the funds must come from legitimate sources and the investor must show that he or she is in possession and control of the investment funds or assets.
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, however, can be an acceptable source of funds for E2 visa but only in specific situations.
C. The US business is real and operating
A real and operating US business produces a certain product or service. For example, a real and active business can be a restaurant, bar, yoga studio, pilates and aerobics, hairdresser, marketing agency, car and limousine services, travel agency and others.
However, investing in land, stocks and bonds is not a real and operating business. The special case is the real estate management or property management companies that can qualify for an E2 Investor Visa only under certain circumstances.
D. The investment is substantial
To qualify for an E2 visa the investor must invest a substantial amount of capital in a US business. The amount of the investment is determined on case by case basis and is based on the type of business the E2 investor intends to do in the US.
There is no set amount of money that an investor must spend in order to obtain an E2 Visa. The rule of thumb is that $100,000 constitutes a substantial investment for an E2 Visa but this is not a requirement nor a guarantee that the E2 Investor Visa is approved.
For example, if the investor intends to engage in real estate development in Florida and build a hotel, then $100,000 is not a substantial amount because the cost for a hotel development project in the United States far exceeds $100,000. For such projects investments in the millions of dollars would be an adequate investment. However, if the investor plans to open a fruit stand in Miami, Florida, then less than $100,000 can be considered a substantial investment for an E2 Visa.
E. The business is not marginal
The US business must be in a position to generate a substantial amount of income for the investor and his or her family.
The business must have the capacity to ultimately hire employees and contribute to the US economy.
For a startup, an E2 business plan is required to show that the US business is not marginal. The E2 business plan is not a traditional business plan and must meet US immigration guidelines, standards and requirements.
F. The applicant is in a position to develop and direct the US business
The investor must have a controlling interest in the US company and must be in a position to develop and direct the US business either through the investor’s ownership interest or other business corporate structure.
As an investor you must own at least 50% of the US business and have a position in the business that allows you to actively participate in developing and directing the business.
The investor cannot be a passive investor in the US company and must be actively directing the activities of the business.
For example, the investor cannot invest the funds for E2 visa with a business partner and have his or her business partner manage the entire company without any involvement from the E2 Investor.
However, the investor can enter into a partnership or joint venture with another individual, company or franchise to assist with running the E2 visa business while still being in a position to develop and direct the business.
G. The 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 and not stay in the US illegally. However, you can still apply for an E2 visa renewal if you choose to do so. This requirement does not prohibit you from applying for an E2 visa renewal.
Do you want to invest in USA and get an E2 Visa?
4. What is the process of getting an E2 Visa?
First, the E2 Investor or entrepreneur must decide whether to start a new business in the United States, purchase a business or franchise, become a partner in a business in the United States or form a joint venture. In addition, the E2 investor must also choose the industry and the commercial activity the business undertakes in the US.
Second, the investor or entrepreneur should work with an experienced E2 Visa lawyer to make sure the business meets the E2 Visa requirements and prepare the E2 Visa application.
As part of the E2 Visa application, the investor usually needs additional assistance with business formation, asset purchase agreements, joint venture agreements, financing, mortgage, real estate purchase, franchise agreement, franchise disclosure documents, E2 business plan and others.
Third, after the E2 Visa application is submitted, the US Consulate or Embassy abroad reviews the application and invites the applicant for an interview. The amount of time each US Consulate allocates for review of E2 Visa applications before the interview depends on the treaty country and the volume of visas filed at that specific US post.
On the day of the E2 Visa interview the E2 investor or entrepreneur should know the details of their entire E2 application, including the business plan prepared for the E2 Visa. In general, the E2 Visa interview can take anywhere from 10 minutes to an hour or more depending on the complexity of the E2 case, the E2 business and the background and individual circumstances of each person.
Do you need help with your E2 Visa?
5. How to Apply for E2 Visa?
You have two options to apply for E2 visa:
- If you are in the United States on a different visa, then you can request a change of status to E2 visa while in the United States. To apply for E2 visa status while in the US you need to file Form I-129 with supporting documents to USCIS. In the case of E2 visa for employees, if the employee is in the United States on another nonimmigrant visa, the E2 employer can file Form I-129 on behalf of the E2 employee.
- If you are outside of the United States and want to apply for E2 visa, then you can file the E2 visa application with the US Consulate abroad. For E2 visa applications at US Consulates you do not need to file Form I-129. In this case, the processing of the E2 visa application and the E2 visa interview takes place at US consulate abroad.
6. Do I need a business plan for E2 Visa?
You need to submit a comprehensive 5-year business plan with your E2 visa application when you invest in start-up business or business circumstances require a business plan.
However, you are not required to submit a 5-year business plan for the E2 visa when you purchase a business.
The government examines your business plan to determine the likelihood of success of the E2 business. We work with various E2 visa business plan service providers to ensure your success in obtaining the E2 visa. To learn more about a what a business plan for E2 visa needs to cover, visit our E2 visa business plan page.
7. Can I bring my family with E2 Visa?
Yes, you can bring your spouse and unmarried children under 21 to the US with E2 visa. Your spouse and children must apply for E2 dependent visas and can stay in United States for the duration of their authorized stay.
The spouse and children are not required to hold the same nationality as the principal E2 visa holder.
Your spouse can work in the United States with E2 visa incident to status and is not required to get a work permit. Your spouse can also study in the US with an E2 visa and attend schools and universities.
Your children are not authorized to work but can study and attend any school in the United States on an E2 visa.
8. What are possible E2 Visa Interview Questions?
From our experience applicants should be prepared to answer the following E2 Visa Interview Questions:
• What business are you investing in?
• Why are you applying for an E2 Visa?
• What makes you qualified to run the E2 business?
• What happens to your investment if the E2 Visa is denied?
• What do you plan to do after the expiration of the E2 Visa?
• What is the source of your E2 Visa funds?
• How many workers do you plan to hire for the E2 Visa and when will you hire?
• How do you plan to develop the E2 business?
• Are you bringing your family with you?
The E2 Visa interview questions can vary based on the individual circumstances of each investor, business owner, entrepreneur or E2 employee and no applicant gets asked the same E2 Visa questions.
The person applying for the E2 visa may not necessarily be asked these questions during the E2 visa interview but you can expect similar E2 visa interview questions.
There is no E2 visa interview when you apply for E2 visa status with USCIS.
9. What is the E2 Visa processing time?
On average, the E2 visa processing time varies between 2 weeks to 5 months at US Embassies and Consulates around the world.
The E2 visa applications and initial registration of the E2 business can be processed at US Embassies and Consulates abroad or in certain cases in the United States with USCIS.
The E2 visa processing time at US Consulates includes the time it takes the US Consulate staff to review the E2 visa application and schedule you for the interview appointment. After the E2 visa is approved, the processing time to receive your passport with the E2 visa is 3 to 5 days. However, at certain US Consulates, the passport with your E2 visa is available for pick up the same day.
The processing time for E2 applications submitted with USCIS in the United States is 15 calendar days if you select premium processing service or 4 to 6 months if you select regular processing.
Please be advised that the E2 visa processing times below can change, and updates can be found on the webpage of the US Embassy of each country.
1. The E2 visa processing time for Albania is 7 days.
2. The E2 visa processing time for Argentina is 3 weeks. The initial E2 visa application or renewal package must be sent for review at least 3 weeks before the interview appointment.
3. The E2 visa processing time for Armenia is 2-4 weeks for initial E2 applications at the US Embassy in Yerevan.
4. The E2 visa processing time for Australia is approximately 4 weeks at US Consulates in Sydney, Melbourne and Perth.
5. The E2 visa processing time for Austria is between 2 to 4 weeks at the US Embassy in Vienna.
6. The E2 visa processing time for Azerbaijan is 14 days before the interview.
7. The E2 visa processing time for Bahrain is up to 1 week.
8. The E2 visa processing time for Bangladesh is on average 4 weeks at the US Embassy in Dhaka.
9. The current E2 visa 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. The E2 visa processing time for Bosnia and Herzegovina is 1 week at the US Embassy in Sarajevo.
12. The E2 visa processing time for Bulgaria is approximately 1 week at the US Embassy in Sofia.
13. The E2 visa processing time for Cameroon is up to 1 week at the US Embassy in Yaounde.
14. The E2 visa processing time for Toronto is between 4 to 6 months. Initial E2 visa applications and E2 renewals are processed at the US Consulate in Toronto.
15. The E2 visa processing time for Chile is about 1 week.
16. The E2 visa processing time for China (Taiwan) is between 2 to 4 weeks.
17. The E2 visa processing time for Colombia is approximately 2 to 4 weeks at the US Embassy in Bogota.
18. The E2 visa processing time for Congo (Brazzaville) is up to 1 week.
19. The E2 visa processing time for Congo (Kinshasa) is up to 1 week.
20. The E2 visa processing time for Costa Rica is about 1 week at the US Embassy in San Jose.
21. The E2 visa processing time for Croatia is approximately 1 week at the US Embassy in Zagreb.
22. The E2 visa processing time for the Czech Republic is between 2 to 3 weeks before the interview appointment. The visa processing times vary according to the time of the year and the workload at the US Embassy in Prague.
23. The E2 visa processing time for Denmark, not including Greenland, is approximately 1 week. After review, the US Embassy in Copenhagen notifies the E2 visa applicant to schedule an interview.
24. As of 2012, Ecuador no longer accepts E2 applications except for renewing applicants until May 18, 2028.
25. The E2 visa processing time for Egypt is about 1 week at the US Embassy in Cairo.
26. The E2 visa processing time for Estonia is approximately 1 week at the US Embassy in Tallinn.
27. The E2 visa processing time for Ethiopia is approximately 1 week at the US Embassy in Addis Ababa.
28. The E2 visa processing time for Finland is about 1 week. After receiving the E2 visa package and reviewing the application, the US Consulate in Helsinki contacts the applicant to schedule an interview.
29. The E2 visa processing time for France, including Martinique, Guadeloupe, French Guiana and Reunion, is 2 to 3 weeks.
30. The E2 visa processing time for Georgia is approximately 1 week at the UE Embassy in Tbilisi.
31. The E2 visa processing time for Germany is about 4 weeks.
32. The E2 visa processing time for Grenada is approximately 2-3 weeks.
33. The E2 visa processing time for Honduras is between 2 to 3 weeks at the US Embassy in Tegucigalpa
34. Iran is no longer eligible for an E2 visa.
35. The E2 visa processing time for Ireland is on average between 6 to 8 weeks.
36. The E2 visa processing time for Israel is approximately 1 week.
37. The E2 visa processing time for Italy is a minimum of 5 weeks.
38. The E2 visa processing time for Jamaica is about 1 week.
39. The E2 visa processing time for Japan, including Bonin Islands and tThe Ryukyu Islands, is between 3 to 4 weeks.
40. The E2 visa processing time for Jordan is on average 1 week.
41. The E2 visa processing time for Kazakhstan is approximately 2 weeks at the US Embassy in Nur-Sultan or US Consulate General in Almaty.
42. The E2 visa processing time for South Korea is approximately 1 to 2 weeks at the US Embassy in Seoul.
43. The E2 visa processing time for Kosovo is about 2 to 3 weeks at the US Embassy in Pristina.
44. The E2 visa processing time for Kyrgyzstan is approximately 2-3 weeks at the US Embassy in Bishkek.
45. The E2 visa processing time for Latvia is about 1 week at the US Embassy in Riga.
46. The E2 visa processing has been suspended at the US Embassy in Liberia.
47. The E2 visa processing time for Lithuania is approximately 1 week at the US Embassy in Vilnius.
48. The E2 visa processing time for Luxembourg is between 2 to 3 weeks at the US Embassy in Luxembourg.
49. The E2 visa processing time for North Macedonia is approximately 2-3 weeks at the US Embassy in Skopje.
50. The E2 visa processing time for Mexico is 3-5 months at the US Consulate General in Ciudad Juarez.
51. The E2 visa processing time for Moldova is about 1 week at the US Embassy in Chisinau.
52. The E2 visa processing time for Mongolia is approximately 1 week at the US Embassy in Ulaanbaatar.
53. The E2 visa processing time for Montenegro is on average 1 week at the US Embassy in Podgorica.
54. The E2 visa processing time for Morocco is about 1 week.
55. The E2 visa processing time for the Netherlands, including Aruba and Netherlands Antilles, is 12 weeks or more (minimum 3 months).
56. The E2 visa processing time for New Zealand is approximately 3 weeks.
57. The E2 visa processing time for Norway, not including Svalbard Spitzbergen, on average for first-time company registration is 6 weeks.
58. The E2 visa processing time for Oman is about 1 week.
59. The E2 visa processing time for Pakistan is between 2 to 4 weeks.
60. The E2 visa processing time for Panama is approximately 2 to 3 weeks at the US Embassy in Panama City.
61. The E2 visa processing time for Paraguay is 1 week at the US Embassy in Asuncion.
62. The E2 visa processing time for the Philippines is approximately 2 weeks at the US Embassy in Manila.
63. The E2 visa processing time for Poland is between 1 to 2 weeks.
64. The E2 visa processing time for Romania is 15 business days (2-3 weeks) at the US Embassy in Bucharest.
65. The E2 visa processing time for Senegal is approximately 4 weeks at the US Embassy in Dakar.
66. The E2 visa processing time for Serbia is 2-3 weeks at the US Embassy in Belgrade.
67. The E2 visa processing time for Singapore is approximately 2 weeks.
68. The E2 visa processing time for Slovakia is about 1 week at the US Embassy in Bratislava.
69. The E2 visa processing time for Slovenia is on average 1 week at the US Embassy in Ljubljana.
70. The E2 visa processing time for Spain is on average 5 weeks.
71. The E2 visa processing time for Sri Lanka is about 1 week at the US Embassy in Colombo.
72. The E2 visa processing time for Suriname is approximately 1 week.
73. The E2 visa processing time for Sweden is 60 days (8 weeks) on average to review applications before the interview.
74. The E2 visa processing time for Switzerland is about 2 months (8 weeks) at the US Embassy in Bern.
75. The E2 visa processing time for Thailand is about 15 business days (2-3 weeks).
76. The E2 visa processing time for Togo is about 1 week.
77. The E2 visa processing time for Trinidad & Tobago is approximately 1 week at the US Embassy in Port of Spain.
78. The E2 visa processing time for Tunisia is between 6 to 8 weeks at the US Embassy in Tunis.
79. The E2 visa processing time for Turkey is approximately 6 to 8 weeks.
80. The E2 visa processing time for Ukraine is on average 90 days (3 months) at the US Embassy in Kyiv.
81. The E2 visa processing time for The United Kingdom, a British territory in Europe, the British Isles, the Channel Islands and Gibraltar and not including The Republic of Ireland, is approximately 45 days (6 to 8 weeks).
10. Who is eligible for E2 Visa?
Investors, entrepreneurs and people who are nationals of E2 treaty countries are eligible for E2 visa. To be eligible for E2 visa you must be a national of a country with which the United States maintains a Treaty.
If the principal applicant for E2 visa does not have a passport from one of these countries, then he or she does not qualify for an E2 visa. Even more, you are a permanent resident of an E2 visa country but not a national then you are not eligible for an E2 visa since you are not a citizen.
There are currently about 80 countries that have an E2 Treaty with the United States. The E2 Visa is based on reciprocity and the list of E2 treaty countries can change at any time with some countries being added to the list and others being taken off the list. Moreover, the terms of the E2 Visa for each country change frequently and the E2 Visa Lawyers can provide updated terms.
Currently, the E2 treaty countries are Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, North Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine and The United Kingdom.
For a complete list of countries that qualify for an E-2 Investor Visa, please visit the U.S. Department of State’s Treaty Countries List.
Are you eligible for E2 Visa?
11. What Is the E2 Visa Minimum Investment Amount?
There is no minimum investment amount to obtain an E2 Visa. Our experience shows that it is best to invest at least $100,000 to qualify for an E2 Visa but in no case you should invest less than $50,000.
Our experienced E2 Visa Lawyer can tell you that in order to qualify for the E2 visa, you must invest or be in the process of investing a substantial amount of capital in a business in the United States.
A substantial amount is a subjective threshold that depends on the nature of the business, the total investment compared to the total cost of purchasing an established business in the specific sector or establishing a new one and the financial commitment required to ensure the successful operation of the enterprise.
For capital intensive businesses the E2 visa minimum investment amount can be in the hundreds of thousands or millions of dollars while for businesses that are not capital intensive the E2 visa minimum investment can be around $100,000 or less.
But the most important point is that the E2 visa minimum investment must be large enough to ensure that the investor will successfully develop and direct the enterprise.
If, however, the investor purchased an existing business, then our experienced E2 visa Lawyer in the USA will tell you that the cost is generally, its purchase price, which is normally considered to be the fair market value.
What Is The Best Advice that an Experienced E2 Visa Lawyer Gives Clients Regarding Their E2 Visa Investment?
The capital invested must be placed at risk in the U.S. business to generate a profit and must be subject to loss if the investment fails.
Simply having investment funds in a bank account is not sufficient to show that the investment capital has been placed at risk for E2 Visa purposes.
Moreover, being in the stage of signing contracts or looking for suitable locations and property is not sufficient to qualify for the E2 visa.
Also, inheriting a business does not constitute an investment for purposes of E2 visa eligibility.
From our best E2 Visa Lawyers point of view, the E2 visa rules and regulations regarding the funds invested in the US company are intended to ensure that the E2 investor or entrepreneur is unquestionably committed to the success of the business in the United States and the business is not simply a gamble.
Further, the investment funds must not have been obtained, directly or indirectly, from criminal activity. At this point, the presence of an E2 Investor Visa Lawyer is almost mandatory, especially when the client is not sure how to prove that the source of funds is compliant with immigration standards.
Finally, the Investor or Entrepreneur must intent to develop and direct the U.S. company in which he or she invests. For E2 Visa purposes, the Investor or Entrepreneur cannot be a passive investor in a US enterprise and must show that he or she owns at least 50% of the enterprise or possesses operational control through a managerial position or other corporate devices.
A smaller business that is a joint venture may also qualify as an E2 enterprise and at least 50% of the enterprise must be owned by a citizen of the treaty country.
Certain employees of an Investor or Entrepreneur or a qualifying organization may also be eligible for E2 Visas.
12. How Long Can I Stay in the US on an E2 Visa?
We advise you to ask for the advice of an experienced E2 Visa Lawyer because in general the E2 Visa is valid for 3 months to 5 years depending on your country’s treaty with the United States. The E2 visa validity depends on your specific country.
The E2 Investor Visa can be renewed for the same length of stay and there are no limits as to how many times an Investor or Entrepreneur can renew the E2 Visa.
For example, the maximum length for which an E2 Investor Visa can be issued to an applicant who is a citizen of Mexico is four years according to new adjustments to the E2 Visa terms in 2020.
However, in the case of citizens of most European countries, the E2 Visa is valid and issued for 2 to 5 years.
If your E2 visa is successfully approved for 5 years, it does not mean that you can stay in the United States for 5 years at a time.
Your status determines how long you can stay in the US on an E2 visa and not the validity of your visa. With an E2 visa, you receive 2 years of status each time you enter the United States. To stay longer in the US, you can leave the US and re-enter to receive an additional 2 years of status.
The validity period for E2 Visa for nationals of Treaty countries is continuously revised and we recommend those interested to continue monitoring any updates or contact an experienced E2 Visa Lawyer.
13. E2 Employee Visa
The E2 Employee Visa is an E2 Visa for executive, supervisory and special skills employees of the E2 business.
The E2 Employee Visa is obtained through employment with an E2 business and is available only to those employees of the company who share the same nationality as the E2 business enterprise and will be employed in an executive, supervisory or specialized skill position.
The 3 classes of employees that can get an E2 Employee Visa are:
- Executive Employee
- Supervisory Employee
- Employee with skills essential to the E2 business
14. Why should you work with an E2 Visa Lawyer?
The U.S. laws, rules and regulations for E2 visa are complex because these rules are intended to ensure that the investor is unquestionably committed to the success of the business. Moreover, certain business transactions involving E2 investors must be compliant with U.S. immigration standards and E2 visa regulations for the investor to meet the legal requirements for the E2 visa.
To qualify for an E2 visa, investors are advised to work with an experienced E2 visa lawyer on their case to represent them before the United States Citizenship and Immigration Services (USCIS) and at the U.S. Embassies and Consulates.
In the United States, the only individuals who are qualified to advise clients on US laws, including immigration laws are attorneys and lawyers licensed to practice law in the United States. Individuals who are not qualified as lawyers through membership in a US state bar are not authorized to practice law in the United States and interpret and advise clients about US law. Moreover, clients benefit from confidentiality and attorney-client privilege which is the most important privilege afforded under US laws.
As a result, an experienced E2 Visa Lawyer can assist foreign Investors, Business Owners and Entrepreneurs with long-term business and immigration planning, preparing the E2 visa application and documents, requesting other immigration benefits and providing guidance in making the investment compliant with E2 Visa regulations.
Finally because the E2 Visa exists at the intersection between business corporate and immigration law, an E-2 Visa Lawyer must be able to understand complex business and immigration concepts and our E-2 Visa Lawyers have the required background and experience in business and finance to provide competent legal advice in the area of E2 Visas and other business visas.
15. How to go from an E2 Visa to a Green Card?
After obtaining an E2 visa, the next step is to transition from an E2 visa to a green card and for those interested, there are a couple of options including the EB-5 program we briefly discussed above and the EB-2 National Interest Waiver.
The options to go from E2 visa to green card are:
- EB-5 Investor Visa
- EB-2 NIW
- EB-1
- Employer-sponsored EB-2 and EB-3 green card
- Family-sponsored green card
EB-5 Investor Visa
Foreign investors can go from the E2 visa to green card by investing under the EB5 investor visa program which is an immigrant visa.
To qualify for the EB-5 immigrant investor visa and change status from E2 to EB-5, the foreign investor must make an investment of a minimum of $800,000 in a commercial enterprise principally doing business in a targeted employment area or in a regional center-associated infrastructure projector or $1,050,000 in a US business located in an urban area. The business must create at least 10 full-time jobs.
For troubled businesses, the EB-5 investor can maintain the number of employees that previously worked there.
In practice, the E2 investor can make an additional investment into the E2 business to qualify for the EB-5 and the amount of the initial investment to get the E2 visa, and all additional capital invested into the business may count toward the minimum investment amount to get an EB-5 visa.
In addition, the jobs created through the initial E2 investment may count toward the 10 jobs required for the EB-5 investor green card.
For example, if you invest $100,000 into an E2 business that provides cleaning and maintenance services and after you obtain the E2 visa you decide to expand your business from rural Miami to other parts of Florida and Georgia and apply for an EB-5, the amount of your initial investment counts towards the EB-5 investment requirement. The minimum investment in rural areas for an EB-5 visa is $800,000. This means that you now need to invest an additional $700,000 into your E2 business to be able to qualify for an EB-5 green card.
In other words, you can apply for the EB-5 investor green card with the same business you applied for the E2 visa.
EB-1 Visa
The EB-1 immigrant visa is available to a foreign individual who 1) possesses extraordinary ability in the arts, sciences, athletics, education or business, 2) is an outstanding professor or researcher or 3) is a multinational manager or executive.
The EB-1 visa category for multinational manager or executive can be an effective route for those foreign investors who have worked for the foreign business entity in a managerial or executive position for at least 1 year in the prior 3 years. In addition, the EB-1 visa category for individuals who possess extraordinary ability can be a potential route to a green card.
EB-2 Visa National Interest Waiver
If the foreign investor is interested in going from an E2 treaty investor visa to a green card, the EB-2 National Interest Waiver (NIW) can be an option.
The EB-2 NIW is available to foreign individuals who have exceptional ability or hold an advanced degree and whose employment in the United States would greatly benefit the country. Advanced degree professionals or individuals with exceptional abilities are generally eligible.
Do you need to go from E2 Visa to Green Card?
Employer-sponsored green card
Another way to go from an E2 treaty investor visa to a green card is to have a US company sponsor the foreign investor or his or her spouse for a green card.
To get a green card through a company sponsorship, a US employer must file a PERM Labor Certification with the US Department of Labor (DOL). Once the PERM Labor Certification is approved then the foreign investor can qualify 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 US workers are available for the sponsored position.
Family-sponsored green card
Investors can be sponsored by family or close relatives who are US citizens or green cardholders.
Transitioning from an E2 treaty 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 through your company.
16. How to renew or extend an E2 visa during Covid?
What do you need to know when filing for an E2 visa renewal or extension?
If your E2 visa is expiring soon or you simply want to learn and prepare ahead of time for when that time comes, it is important to know that once the expiration date on your visa comes due, you need to renew or extend the E2 visa if you want to continue to live and work in the United States.
To extend your E2 visa you must file for renewal before the time of expiration of your visa as stated in your passport.
Please keep in mind that you must also remain compliant and renew your E2 status every 2 years as stated in the I-94 record.
However, as you will see below there are situations when you must file for an E2 investor visa renewal or extension even though your visa is still valid in order to renew your E2 status, and has been the case during COVID-19 and due to restrictions on travel.
The E2 visas are granted initially for a certain amount of time depending on your country of citizenship and the strength of the business model, and can range from anywhere between 3 months to 5 years maximum. Occasionally, the US consulates abroad issue the initial E2 visa for less than the maximum period allowed because the E2 businesses can be volatile.
However, if the business is successful, the US Consulates abroad renew the E2 visa for the maximum amount of time. This is for example the case with the UK where the initial E2 visa is generally issued for 3 years (maximum period is 5 years) and if the business succeeds then the E2 visa is renewed for 5 years.
E2 Visa renewal or extension?
Where should you file for renewal or extension of your E2 visa?
When your E2 visa is expiring, you can file for renewal or extension of your visa at the US Embassies and Consulates abroad or directly with the USCIS if you are in the US.
In the case that you have a valid E2 visa that is not expiring and you are in the US and cannot leave the country to obtain automatic 2-year readmission on E2 status due to COVID, the restrictions on travel, the closure of the US Embassies and Consulates abroad or for any other reason, you must file to renew or extend the E2 visa directly with USCIS as if you are filing a new E2 application.
The E2 visa can be renewed at the US Embassy or Consulate abroad or directly with USCIS.
If you are in the US and you do not intend to leave and your E2 visa is expiring, you can file for renewal or extension directly with USCIS no more than 6 months before the expiration date.
If USCIS approves your E2 application for renewal, then you can be granted an additional 2-years. Similarly, you can file subsequent applications with USCIS and renew you E2 status every 2-years indefinitely.
However, it is important to keep in mind that if your E2 status is renewed through USCIS, once you leave the US for pleasure or business, you cannot re-enter without a valid E2 visa (unexpired). In this case, once you leave the US you must plan accordingly because you must apply for renewal of the E2 visa at a US Embassy or Consulate abroad and go through the application and E2 interview to get a new E2 visa in your passport.
Likewise, if you are in the US with a valid E2 visa that is not expiring but your 2-year E2 status on your I-94 is expiring and you cannot leave the US and re-enter before the expiration date, then you must file to renew or extend the E2 status directly with USCIS. You must file for E2 status renewal or extension before the due date on your I-94 and no more than 6 months before expiration in order to remain in legal E2 status. The same applies if you are in the US with an E2 visa that is expiring soon and you cannot leave due to COVID related issues or for other reasons.
17. How many employees do you need for E2 Visa?
You do need to hire any employees when you apply for an E2 visa for a startup business. However, if you want to improve your chances of getting the E2 visa approved, you can hire 1 to 2 employees part-time or full-time.
When you purchase a business, the number of employees you need for E2 visa depends on the nature of the business and your plans to invest further but you should have few employees to run the business.
18. How can our best E2 Visa Lawyers at Malescu Law assist you?
Our experienced business and immigration lawyers in Miami, Florida USA can determine if the E2 visa is right for you, review all other visa options, inform you about the E2 visa process and legal requirements, guide you through the E2 visa investment, assist you with the necessary documents and prepare all the required E2 visa documentation for the U.S. Consulate or the United States Citizenship and Immigration Services (USCIS).
For more information about the E2 Investor Visa or to speak to our best E2 Visa Lawyers in Miami, Florida USA, contact us now. We speak English, Romanian, Bulgarian, Russian and Spanish.
E2 visa lawyers: Malescu Law P.A. Immigration Lawyers