Are you planning to enter the U.S. as a foreign investor? An E2 visa lawyer at Naya Immigration can guide you through the complex and ever-changing requirements of getting an E2 visa.
The U.S. government provides foreign nationals with the opportunity to invest their money in U.S.-based businesses in exchange for getting an investor visa. This benefits everyone: Business-minded individuals from around the world can enter and live in the United States while helping the U.S. economy grow and creating new job opportunities for U.S. workers.
However, getting any investor visa, including an E2 visa, is no easy task. Foreign nationals interested in obtaining an E2 visa need to go through a complex application process and prove that they meet an extensive list of eligibility requirements.
At Naya Immigration, we have the skills and expertise to help E2 visa applicants overcome the legal hurdles in their pursuit of the American dream.
Our team works with foreign entrepreneurs, investors, and companies across the United States, Europe, and Asia-Pacific. Naya Immigration is a trusted name in immigration law and a law firm with a reputation for providing exceptional and unparalleled client service.
Do you need help in obtaining an E2 visa? Our team at Naya Immigration can guide you through the E2 visa application process step by step so you can bring your investment dreams to life.
E2 Visa: What Is It?
An E2 visa is a non-immigrant visa (meaning it permits foreign nationals to enter the U.S. on a temporary basis without the intention to live permanently in the country) that allows investors from specific foreign countries — known as “treaty countries” — to make substantial investments in existing businesses or create a new U.S.-based business.
E2 visas also permit foreign nationals to work with U.S. businesses in which at least 50% of the corporate owners are nationals of the treaty country (the “Fifty Percent Rule” pursuant to 9 FAM 402.9-4(B)).
As of the time of publication, the list of E2 treaty countries included 81 countries. You can see the full, current list of E2 treaty countries on the official website of the U.S. Department of State.
Benefits of an E2 Visa
As a foreign national who obtains an E2 visa, you can enjoy a number of benefits, including but not limited to:
- Travel freely in and out of the U.S.
- Legally reside and work in the U.S.
- Stay in the U.S. indefinitely by renewing the E2 visa (as long as you continue to meet the eligibility requirements).
- Enjoy certain tax benefits.
- Bring your spouse and unmarried children (under the age of 21) with you.
- Your children can study in the U.S.
- Your spouse can work in the U.S. without the need for additional work authorization.
- There is no requirement to prove that your business has created or has the potential to create a specific number of jobs.
E2 visas also have some limitations to consider. While the U.S. Citizenship and Immigration Services (USCIS) does not impose any travel restrictions on E2 visa holders, this visa does not lead to a green card or lawful permanent residency.
E2 Visa Requirements
The requirements for getting an E2 visa are strict. According to the USCIS, foreign investors who wish to apply for an E2 visa must meet the following eligibility criteria:
- Be a national of a treaty country;
- Invest a substantial amount in an existing business or set up a new business in the U.S.;
- Invest in a bona fide enterprise;
- The funds must be in a bank account and irrevocably committed;
- The investment must not be marginal (in other words, it must create new jobs for U.S. workers and contribute to the economy)
- The investment must be sufficient to have a significant impact on the economy;
- Have control over the funds; and
- You must direct or develop the business or commercial enterprise for which the E2 visa is granted.
There is no minimum investment amount to constitute “substantial.” As a rule of thumb, the investment must be at least $75,000 to qualify for the E2 visa, though the amount may be different depending on the investor’s specific situation.
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E2 Visa Application Procedure
Before applying for an E2 visa, the foreign investor must first establish that their investment meets the requirements imposed by U.S. immigration law. This may necessitate a consultation with an E2 visa lawyer. Once your lawyer determines that you meet the eligibility requirements, you can proceed with the E2 visa application process, which differs depending on whether you are applying abroad or from within the U.S.
1. Filing an E2 Visa Application from Within the U.S.
If you are lawfully in the United States, you can apply to change your status to become an E2 visa holder. This requires you to fill out Form I-129 (Petition for a Nonimmigrant Worker) and submit it to the USCIS.
The application must include proof of investment, nationality, and intent to depart the U.S.
2. Filing an E2 Visa Application Outside of the U.S.
When filing abroad, the foreign investor must submit Form DS-160 (Online Nonimmigrant Visa Application) online and pay the application fee.
As part of the application process, you must submit proof of investment, nationality, and other evidence that supports your visa application. You must also provide proof of your intent to return to your country when the authorized stay comes to an end. The final stage of the application process is to schedule and attend a visa interview at a U.S. embassy or consulate in your country.
Note: For all E2 filings received after Dec. 23, 2022, the applicant may be requested to provide additional documentation regarding obtaining the nationality of the treaty country.
E2 Visa Lawyer FAQs
Applying for an E2 visa involves complex procedures and requires substantial documentation. There is a lot of confusion regarding the application process, which is why we decided to address some of the most frequently asked questions about E2 visas in the FAQ section below.
What is an E2 investor visa?
The E2 visa allows nationals or citizens of treaty countries to travel and live in the U.S. after investing a substantial amount of capital in existing U.S. businesses or setting up new ones. An E2 visa holder is only permitted to work in the U.S. in the business for which the visa was granted.
How do I apply for an E2 visa?
Foreign nationals can apply for an E2 investor visa through the USCIS if they are already within the U.S. or through a U.S. embassy or consulate if outside the U.S.
What documentation do you need for an E2 Visa?
The list of documents a foreign investor needs when applying for an E2 visa varies from one application to another and depends on the applicant’s specific situation. Generally, required documents include a valid passport, two photographs of each person listed in the application, proof of investment, the application fee receipt, and a completed Form DS-160 (when applying abroad) or Form I-129 (when applying within the U.S.), among others.
What is the E2 processing time?
On average, the processing time for E2 visas ranges from one to six months. However, applicants can speed up the process by choosing premium processing. This is a service where you can receive faster processing for a higher fee.
How long could I stay in the United States with an E2 investor visa?
E2 visas are governed by the agreement between the U.S. and the specific treaty country, which is why the time for which the visa may be granted varies from one country to another. Generally, E2 visa holders are allowed to stay in the U.S. for a maximum of two years regardless of how long the visa is valid.
If a holder departs the U.S. and then returns while their visa is still valid, they will generally be granted a two-year readmission period upon their reentry.
What is the role of an E2 visa lawyer?
As a foreign investor, there is an extensive list of requirements you have to meet to obtain an E2 visa. An E2 visa lawyer can explain the nuances and requirements involved and advise you on your options for investment and immigration to the U.S.
Your lawyer will also help you gather the necessary documents for your visa application, ensure that all forms are completed accurately without mistakes, submit forms, communicate with the immigration authorities on your behalf, and take other steps that increase your odds of getting your E2 visa application approved.
Didn’t find your question in this section? Contact Naya Immigration and ask your questions during a consultation.
Get Help from an E2 Visa Lawyer at Naya Immigration
Filing an E2 visa application requires careful attention to detail and a thorough understanding of the relevant laws. At Naya Immigration, we take an individualized approach to preparing a client’s application.
When working with our E2 visa lawyers, you can focus on building your business and increasing your profits while we take care of the paperwork and the bureaucratic intricacies of the immigration system.
Our team will provide you with tailored legal support and knowledgeable guidance throughout the application process to ensure that the information provided demonstrates your eligibility. Contact our office today to schedule a case review.
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