USA – E2 Visa
What is the E2 visa?
The E2 treaty investor visa is a non-immigrant visa that allows you to live and work in the US as an investor or entrepreneur to develop your business or acquire a business or franchise. It also enables the entry of employees with executive, management and essential skills for this business.
In larger businesses, management and executive-level employees can apply for this visa instead of the owners. Employees that are also nationals of the same E2 visa country as the investor may also qualify for an E2 visa.
Benefits of E2 visa for US immigration
The amount that you're expected to invest is relatively low.
You can freely travel to and from the United States.
You can start your own business, purchase an existing business or a franchise in the US.
You don't need to maintain a foreign residence to qualify for an E2 visa.
There's no annual cap on how many visas can be issued.
E2 visa involves one-step processing in a consulate, and the USCIS is not involved in the initial process.
This visa also gives you potential tax benefits over permanent residents.
The processing time is quicker in comparison to other vias.
Your E2 visa status can transition to a
Green Card at a later stage.
You can keep renewing your visa as long as you have a business in the US.
Your employees will also be eligible for an E2 visa.
Your spouse and children under the age of 21 also qualify for the visa. With the E2 visa, your spouse can work, and your children can study in the US.
E2 Visa Qualifications
How you can qualify for the E2 visa
Only citizens of these 80 countries can apply for this visa because of an E2 treaty with the USA. They are:
- Bosnia and Herzegovina
- Congo (Brazzaville)
- Congo (Kinshasa)
- Costa Rica
- Czech Republic
- New Zealand
- Slovak Republic
- South Korea
- Sri Lanka
- Trinidad & Tobago
- United Kingdom
Citizens of China, India, and more than 100 other countries that don’t have a treaty can petition this visa with an approach where you first become a citizen of a country an E-2 treaty country (like Grenada, Turkey or Montenegro through citizenship by investment) and then as a Citizen of an E-2 treaty country, apply for the E-2 visa with a qualifying investment/business.
Nysa Global has helped people from non-E2 Treaty Countries obtain E-2 Visas through third-country citizenship. Contact us today to understand how we can help you.
There are a few other requirements that need to be fulfilled for the E2 visa:
- As an investor, you have to demonstrate that you are entering the US to run or develop a business — this is done by showing a minimum 50% stake in the business or a significant managerial or leadership position that gives them operational control.
- The investment amount is generally more than $100,000, but in exceptional cases, USCIS can consider applications with amounts as low as $50,000.
- To qualify as an ‘investment,’ it is necessary to show a risk of loss of capital and that the funds have not been generated through illegal means, even indirectly. (For that reason, you cannot simply invest in real estate.)
- This investment can be used to fund a new start-up or an existing company. This business should have its own office, and can’t be a business run from the investor’s home.
- This business should employ a minimum of three to five people.
- It should show the potential of generating sufficient income to provide for the visa holder for the next five years of their entering the US.
Since it’s crucial to choose a business that is compliant with E2 visa rules, Nysa Global can help you find the right business opportunity for your E2 visa, which meets the regulations.
Our experts will also help you evaluate if you need to shift to an EB-5 investor green card instead of an E2 visa.
- As an employee, you need to demonstrate your managerial expertise.
- As an employee, you should have specialised knowledge of the business, which may be difficult to find in the US.
- The business should demonstrate that the employee is necessary for running the business.
Not Sure Where to Begin? Let Experts at Nysa Global Help You.
USA E2 Visa Guidance
Everything you need to know about the USA E2 Visa Guidance, from eligibility factors, application process to timeline associated and much more.
- DOS Form DS-160, Non-immigrant Visa application
- DOS Form DS-156E, Non-immigrant Treaty trader / Investor application
- Business Plan outlining future investment scheme
Other documents required are those that prove:
- You will be employed in a supervisory or executive capacity or possess highly specialised skills essential to the efficient operation of the firm.
- Possession and control of investment funds (bank records, financial statements, loans, savings, or promissory notes)
- Remittance to the US (bank drafts, transfers, exchange permits or receipts.)
- Establishment of business in the US (articles of incorporation, partnership agreement, organisation and staffing charts, shares, titles, contracts, receipts, licenses or leases.)
- Nationality of the investors (passports, articles of incorporation of parent company or stock exchange listings.)
- Investment in the US (titles, receipts, contracts, loans or bank statements.)
- Substantiality (financial statements, audits, US corporate or business tax returns.)
- Enterprise is not marginal (payroll records, IRS Form 941, personal tax returns, evidence of other personal assets and income)
- Business is an actual, operating enterprise (annual reports, catalogues, sales literature, news articles, and other evidence as appropriate)
To understand the list of documents in detail and to know what exactly would apply to your case, get in touch with an expert today!
Step 1: Consult an immigration expert and set up your E2 company.
Step 2: Open a bank account for your company.
Step 3: Transfer investment funds into that bank account.
Step 4: Start using these funds.
Step 5: Apply for your visa after making sure you have all the necessary documents.
After you've submitted your application, it takes 6 to 8 weeks for them to review your documentation.
The length of time review varies on the particular consulate or embassy you've chosen.
After your application is accepted, a visa interview will be scheduled within a week.
If your visa is approved, it will be issued within a week.
On an average, the processing time is three months, but this can vary depending on the consulate you're applying from.
E2 Visa Cost
Your E2 visa processing fee will depend on whether you are changing status from inside the US or applying through consular processing outside the US.
- I-129 petition: $460
- I-539 form: $370
- Premium processing fee (optional): $1,440
- DS-160 visa application fee: $205
- Visa issuance fee: This depends on your country
Costs and fees will differ on a case-to-case basis. Please get in touch with us to get a customised quote and understand the actual expenditure involved.
E2 Visa Validity
E2 visas are valid for five years, and you're allowed unlimited two-year renewals as long as you fulfil the visa requirements.
Path to Permanent Residency
Since the E2 investor visa doesn’t automatically lead to a Green Card, you can instead obtain an EB-2 National Interest Waiver, participate in the EB-5 Investor Program or the EB1-C program if that’s your ultimate goal.
How do I get a Green Card with EB1-C when I am on my E2?
If you’re on an E2 visa and you have an affiliate business that is outside the US, you may qualify for an EB1-C green card visa category if you fulfil these requirements:
- There is a qualifying corporate relationship between the foreign company and the US company.
- The US company has been doing business for at least one year.
- The employee must have worked outside of the US with the foreign company (as an executive or manager) for one continuous year(within the last three years) on a full-time basis.
- The E2 Visa employee has been offered a full-time position by the US company to work as an executive or manager.
- The US company can pay the proposed wage.
Nysa Globals’ experts can help you understand if you meet these requirements and what you must do to qualify for a Green Card under the EB-1C. Get in touch with us.
What Sets Us Apart
As pioneers in the field of immigration, we’ve brought many firsts to India, especially the Expedited EB-5 Program for USA.
What Our Clients Say
UK Innovator Visa Guidance
Both the L1 visa and the E2 visa authorise you to work in the US. With an L1 visa, you can only work for your US company petitioner. With an E2 visa, you must work for your E2 business. You cannot be a passive investor.
Yes you can, as long as you employ other people. As the principal applicant, you should be going to the USA to develop your business. Accountants, IT consultants, doctors, lawyers, etc, can obtain E2 and E1 visa status to enable themselves to practice their profession in the USA as long as they eventually create employment for other people as well.
You can opt for the L1 intra company visa or opt for H1B speciality occupation visa. Though the EB-5 Immigrant Investor is an option that eventually leads to US permanent residency, this visa is costly and time-consuming to obtain.
Though there is no minimum level of trade or investment to qualify, a lower amount of trade or investment means there are less chances of you getting the visa. The amount necessary will also depend on the type of business or trade you’re engaged in.