How to Apply for an E2 Visa in the United States

Are you looking to move to the United States and apply for an E2 Visa? An E2 Visa is a type of visa that allows a foreign national to enter and work in the United States to develop and direct an enterprise in which they have invested. In this blog post, we will discuss the steps needed to apply for an E2 Visa in the United States successfully.

  USA Immigration   Jun 4, 2023   0   1365  Add to Reading List
How to Apply for an E2 Visa in the United States

Are you looking to apply for an E2 Visa in the United States? An E2 Visa is an excellent option for entrepreneurs and investors who wish to stay and work in the United States. This blog post will provide all the information you need to know to apply for an E2 Visa. In addition, we will walk you through the application process, provide tips for success, and explain the requirements for obtaining an E2 Visa.

Meanwhile, the EB-2 visa is the second highest skilled visa in the U.S. government's list of eligible jobs. The EB-2 key is designed for highly trained engineering, computer science, and business management professionals with a bachelor's degree or equivalent. It only applies to occupations that require a high skill level and have significant commercial potential. To qualify for an EB-2 visa, you need to meet several requirements, such as:
Have at least a Bachelor's degree from a recognized university. Have at least two years of experience Working in the same industry, company, or field as your foreign college degree. If you want to work in the U.S. on an immigrant visa, below are some tips on how to get one:

What is  E2 Visa

The E2 Visa, also known as the Treaty Investor Visa, is a visa program available to foreign citizens from countries with a trade treaty with the United States. The E2 Visa allows foreign investors to work and live in the United States for a specified period, typically up to five years. The E2 Visa requires that the investor has invested or is in the process of investing a significant amount of capital in a U.S. business and has control over the funds and decision-making power.
 
The E2 Visa program is designed to allow foreign nationals to work and live in the United States while making a significant investment in a U.S. business venture. To qualify, applicants must meet specific eligibility criteria, complete an application form, provide supporting documents, and attend an interview with a consular official. Those granted an E2 Visa can remain in the United States for up to five years, after which they may be required to renew their visa or leave the country.

To apply for an E2 Visa, applicants must complete an application form available through the Department of State website. The application must include proof of investment, evidence of the applicant’s nationality, financial resources to support the business venture, proof that the business is being actively managed, and other information depending on the type of business. Once the application has been submitted, applicants may be required to attend an interview with U.S. officials at a consulate or embassy abroad. After completing the interview and all documents are in order, applicants will receive their visas. 

Choose the correct visa.

Choosing the right visa is an important step for anyone who wishes to come to the United States. When it comes to applying for an E2 Visa (also known as a Treaty Investor Visa), there are several things to consider. First, it is essential to understand the application process and requirements to ensure that you choose the correct visa for your situation.
An E2 Visa is a non-immigrant visa available to individuals from certain countries who wish to invest in or start a business in the United States. This type of visa requires a substantial investment and is limited to nationals of countries with a treaty of commerce and navigation with the United States. To apply for an E2 Visa, applicants must demonstrate that they have invested, or are in the process of investing, a substantial amount of capital into a bona fide enterprise. They must also prove that the investment was made to create or develop an American business and that they have control over that investment.
To be eligible for an E2 Treaty Investor Visa Application, applicants must provide evidence of the following:
• Their citizenship in a treaty country
• Evidence of their qualifying investment
• The nature of their proposed business
• Proof of the applicant’s ability to control and manage the investment
• Evidence that the investment funds are from a legitimate source
Once applicants have established their eligibility and provided the required evidence, they can proceed with the application process. The application process includes filling out the appropriate forms, gathering additional documents, scheduling an interview at the U.S. embassy or consulate, and submitting all documents along with the filing fee. If successful, the applicant will receive their E2 Visa, allowing them to pursue their entrepreneurial dreams in the United States.

Eligibility Criteria for the E2 visa?

To be eligible for an E2 visa, there are several criteria that you must meet, such as:

  • If you are an individual investor, you must be the national of a country with an investment treaty with the US.
  • If the applicant is a company, it must be owned at least 50% by a treaty investment country.
  • If a company is sending an employee with an E2 visa, the employee must be a national of a treaty investment country and be in a supervisory, managerial, executive, or specialized knowledge position (essential employee).
  • The investor (individual or company) must intend to invest a substantial amount of capital in an existing or new bona fide business. A bona fide company is an honest company that produces products or services and is profitable.
  • The investor (individual or company) must ensure that the business generates more profit than making a living. New companies are exempt from the requirement of marginal profit but should meet this requirement within five years.
  • The investor (individual or company) must aim to develop the business further through that investment.
  • The investor (individual or company) must place the funds in a bank account or an agent until their visa is approved.
  • The investor must intend to return to their home country once their work is completed.

By meeting these criteria, you qualify and are eligible to apply for the E2 visa. However, you will still be granted the visa. You must apply for it, and if approved, your entry into the US will depend on the immigration officials at the port of entry.

However, you must meet these requirements and still apply for the E2 visa to avoid rejection.

It is also recommended that the investment be between $100,000 to $200,000 in an existing or new business, although a smaller investment qualifies sometimes. In addition, the investment should be expected to increase employment, at least for 3 to 4 people.

What are the E2 Treaty Countries?

Here is the list of the E2 Treaty Countries:

  • Albania
  • Argentina
  • Armenia
  • Austria
  • Azerbaijan
  • Bahrain
  • Bangladesh
  • Belgium
  • Bolivia
  • Bosnia and Herzegovina
  • Bulgaria
  • Cameroon
  • Canada
  • Chile
  • China
  • Colombia
  • Republic of the Congo
  • Costa Rica
  • Croatia
  • Czechia
  • Denmark
  • Ecuador
  • Egypt
  • Estonia
  • Ethiopia
  • Finland
  • France
  • Georgia
  • Germany
  • Grenada
  • Honduras
  • Iran
  • Ireland
  • Israel
  • Italy
  • Jamaica
  • Japan
  • Jordan
  • Kazakhstan
  • Kosovo
  • Kyrgyzstan
  • Latvia
  • Liberia
  • Lithuania
  • Luxembourg
  • Mexico
  • Moldova
  • Mongolia
  • Montenegro
  • Morocco
  • Netherlands
  • New Zealand
  • North Macedonia
  • Norway
  • Oman
  • Pakistan
  • Panama
  • Paraguay
  • Philippines
  • Poland
  • Romania
  • Senegal
  • Serbia
  • Singapore
  • Slovakia
  • Slovenia
  • South Korea
  • Spain
  • Sri Lanka
  • Suriname
  • Sweden
  • Switzerland
  • Thailand
  • Togo
  • Trinidad and Tobago
  • Tunisia
  • Turkey
  • Ukraine

On January 24, 2020, the 1995 Treaty of Amity, Economic Relations, and Consular Rights with Iran ended. Iran's nationals are, therefore, no longer eligible for the E2 visa.

What are the Advantages of an E2 Visa

  • The E2 Visa, also known as the Treaty Investor Visa, is an excellent option for foreign entrepreneurs looking to establish a business in the United States.
  • The most significant benefit of the E2 Visa is the ability to legally establish and operate a business in the United States. With an E2 Visa, you can own and operate your business in the U.S. and take advantage of the many business opportunities available; you can bring your immediate family to the U.S. on an E2 Visa.
  • In addition to operating a business in the U.S., those with an E2 visa can apply for permanent residence after two years of operation. The application process is much faster than applying for other types of visas, such as H1B.
  • Another advantage of the E2 Visa is that there are no quotas or caps on the number of visas issued yearly. Anyone who meets the eligibility and requirements for an E2 Visa can be approved for one. Furthermore, holders of an E2 Visa are not required to pay Social Security or Medicare taxes.
  • E2 Visa holders can also travel in and out of the United States without restrictions. This makes it easier to manage operations in multiple countries. It also allows entrepreneurs to travel to meet with potential clients or suppliers without worrying about visas expiring abroad. 
  • it is a much better option for entering the US than with the EB5 investor Green Card, which requires people to invest more than $500,000 in the US and generate employment for at least ten people.
  • Finally, if you are approved for an E2 Visa, you may also be eligible to bring some employees to help run your business. This is highly beneficial if you want to expand your business operations or hire workers with specialized skills. 
  • Overall, the E2 Visa – Treaty Investor Visa Application, Eligibility, and Requirements provide many advantages to foreign entrepreneurs looking to establish a business in the United States. With this visa, you can own and operate a business, bring your family members with you, apply for permanent residence, and even bring employees with specialized skills.

How to Apply for the E2 Visa?

To apply for an E2 Visa, you must fill out Form I-129, the Petition for Nonimmigrant Workers. This form should include detailed information about the proposed business venture, including financial statements, business plans, and other relevant documents. Additionally, you will need to provide proof of your nationality or citizenship and evidence of funds to support the investment.
Once you submit your application and all supporting documentation, you must present an E2 - Treaty Investor Visa Application with the USCIS. This application includes detailed information about the investor, including their background, income, and other relevant information. In addition to the application, you must also provide evidence that you are eligible for the visa, such as proof of citizenship and qualifications for the investment.
After reviewing your application, you must schedule an interview with a consular officer at a U.S. embassy or consulate. The discussion will be used to verify your identity and make sure that all the information on your application is correct. If everything checks out, you may be granted a visa and can proceed with the final steps of the visa process.
It is important to note that the E2 visa does not guarantee entry into the United States. Each applicant’s case will be reviewed individually, and decisions will be made case-by-case basis. However, with the proper paperwork and preparation, getting approved for an E2 Visa and moving to the United States as an investor is possible.

Required Documents for an E2 Visa

The document file must be completed on the day of the interview. Here is the list of required documents for the E2 visa:

  • Filed Form DS-160, Nonimmigrant Visa Application.
  • Your valid passport.
  • Two photographs that comply with the US visa Photo Requirements
  • The receipt that proves you have made the payment of $205.
  • Form DS-156E, Nonimmigrant Treaty Trader/Treaty Investor Application – If you are an Executive/Manager/Essential employee.
  • Proof that you intend to return to your home country, such as:
    • Property deeds
    • Apartment lease, etc.
  • Proof that the business you will invest in is real (bona fide), such as:
    • Business licenses and registration documents
    • Financial statements
    • Office lease agreements
    • Organizational chart
    • Tax returns
    • Bank statements
    • Contracts with employees and customers, etc.
  • Proof that your investment is substantial, such as:
    • Your personal or business bank statements
    • License or registration documents for your business if you are starting it
    • Business plan

How long is the E2 visa to be processed?

The processing period for an employee seeking an E2 visa is around two weeks, compared to 4 to 6 weeks for a corporation. Nevertheless, the processing time varies depending on the workload of the US Embassy. So, it doesn't necessarily indicate that your visa application was only accepted if you hear back within specific time constraints.

How Can I Extend My Stay in the United States?

As a treaty investor, you have two options for extending your stay in the United States.

Traveling outside the US and returning is one option to prolong your stay. This will result in another two years of automatic renewal. The other option is to ask for an extension with USCIS. Form I-539, Application to Extend or Change Status, can be used to request an extension. The extensions are given for two years, and the investor may request as many times as they choose. Just so you know, attachments will be allowed, provided the visa holder remains eligible for the E2 visa and shows a desire to return home.

In addition to extensions, E2 visa holders can alter their status if they become eligible for another form of visa. For example, if a person finds a job that will sponsor them, they can apply for an H1B visa.

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Conclusion

The E2 Treaty Investor Visa provides a unique pathway for foreign investors to immigrate to the United States and participate in the U.S. economy. This visa is highly sought after, as it offers various benefits, including bringing dependents, the potential to adjust status to permanent residence, and authorization to work in the United States. To be eligible for an E2 visa, applicants must meet certain criteria including, but not limited to, investment capital requirements, having the treaty country's nationality, being an honest and operating business in the United States, and having control over the funds invested in the business. So, when applying for an E2 Visa, it is essential to research the eligibility and requirements for E2 Treaty Investor Visas to ensure you have a thorough understanding of the process and can meet all necessary conditions. With the right preparation and information, applicants should be able to confidently apply for an E2 Visa and enjoy the many benefits that this visa has to offer.