USA – E2 Visa
What is the E2 Visa?
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 visas
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
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 you operational control.
- The investment amount is generally more than $100,000, but in exceptional cases, the 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 you for the next five years of you staying in the US.
- The employee needs to demonstrate their managerial expertise.
- The employee 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
- DOS Form DS-160, Non-immigrant Visa application
- DOS Form DS-156E, Non-immigrant Treaty Trader / Investor application
- Business plan outlining future investment scheme
- The employee 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).
Visa ProcessStep 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 the authorities 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
How do I Get a Green Card with EB-1C when I am on my E2 Visa?
- 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.
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
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.
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.