E-2 Visa Lawyer

What is An E-2 Visa?

The E-2 treaty investor visa is designed for foreign entrepreneurs seeking to make a substantial business investment in the United States. The E-2 visa is available to nationals of eighty-two specific countries that maintain a treaty of friendship, commerce and navigation with the United States are eligible for the E-2 visa. This is a non-immigrant visa that can be renewed as many times as needed provided all business investment related requirements are maintained.

The E-2 Treaty Investor visa is an ideal solution for investors looking for a visa with no minimum investment amount and no limit on visa renewals. E-2 investors may purchase a franchise, open a new business, or purchase/revitalize an existing business. Although there is no overall, specific investment amount for an E-2 visa, the amount invested must be within normal parameters relative to E-2 investors intended business or industry. In addition, the invested amount must be put at risk, meaning that the funds must be shown to be utilized with object of generating a profit. It is not enough to simply show that the required funds are in a bank account, they must be actively being used to establish and develop the business. E-2 investors and their families may reside in the US as long as their business is operational, generating a profit and all other eligibility requirements are maintained.

While the E-2 visa does not lead directly to permanent residency, E-2 investors may have options to convert their E-2 status to U.S. permanent residence. It is important to discuss all possible aspects of the E-2 visa and other immigration options with an immigration attorney at the outset of the process.

What are the e-2 countries

There are currently 82 countries and territories that maintain a treaty of commerce and navigation with the US and whose nationals are eligible for an E-2 visa. Nationals from these countries who are interested in an E-2 visa should review the specific E-2 regulations that pertain to their countries, as some nationals from specific territories and areas of their respective country may or may not be eligible. Countries that may subsequently establish such treaties with the United States would be added to the list.

What are the steps to the E-2 Investor Visa Process?

There are numerous benefits to securing a E-2 visa. Foreigners granted the visa will be able to enter the US on an exchange visitor status to engage in the activity they have been granted permission for. Dependents can also stay in the US as long as the E-2 status is maintained. Dependents also have the opportunity to attend school. Dependents can apply for employment authorization to work in the US. It is important to note here that the employment authorization will not be granted to the dependent if the income is necessary to financially support the primary E-2 applicant. E-2 applicants also have the opportunity to extend their E-2 visas to continue their activity. Foreigners who take part in the E-2 visa program often receive notable educational, cultural, and training benefits through this program. E-2 participants often successfully apply this knowledge and capabilities to enhance their work and contribute to overall industry improvements in their home countries. The E-2 visa program is a solid success and of significant benefit for individuals who take part.

How to choose a business for an E-2 investment

Selecting the right business is essential for acquiring an E-2 visa. An investor may start a new business or purchase an existing business. An investor should make sure to select a business entity type that best suits their knowledge, skills and capabilities. Investors must have at least 50% ownership of the chosen business.  While there is no set minimum dollar amount for an E-2 business investment, the investment capital committed must be substantial and sufficient to ensure the successful operation of the enterprise. 

Many investors choose to purchase a franchise because of the convenience of purchasing a business with existing business plans, operational support and associated guidance/training. Before purchasing, however, franchises must be evaluated carefully to determine their profitability. The franchise parent company should also be thoroughly vetted prior to purchasing. 

Some investors prefer a more hands-on approach and decide to use their own vision to create a new business. Investors should always conduct due diligence, perform U.S. market research and determine feasibility prior to committing to a new business venture. This process is important because it will also help to assess the requisite investment amount for the E-2 visa. Since the intended business must be financially successful and generate a profit to secure and maintain the E-2 visa, it is critical for investors to do a complete business analysis prior to starting their new venture. 

How to Make the Business Investment

E-2 applicants must already possess the funds to invest in the intended business and the applicant must be able to fully commit them to the business. To be eligible for an E-2 visa, investment funds must be put “at risk” in a commercial sense. In other words, all – or most – of the business assets must be purchased prior to applying for the E-2 visa. This may include purchasing or leasing office space, buying equipment and inventory, and/or entering into service agreements necessary for successful marketing and business operations. Essentially, the investment must be subject to total or partial loss and investors must have sole control of the funds. Loans secured with the assets of the investment enterprise are not allowed. 

Generally, it is recommended that investors have the financial ability to invest $100,000 into their chosen E-2 business. However, the amount may be more or less, depending on the exact nature of the investor’s enterprise. Typically, at lease 90% of the total investment should be made by the time of application for the E-2 visa. In addition, speculative or idle investments do not qualify. For example, uncommitted funds in a bank account, or similar security, are not considered “invested” for E-2 purposes.  

E-2 investors must provide source of funding for their investment funds. This evidence must show that the investment funds came from a legitimate, legal (non-criminal) means. It is recommended that E-2 investors make expenditure from a single account, preferably a business account set up at a US Bank; the use of cash should be avoided. E-2 investors should maintain accurate records of all business-related expenditures. Purchase receipts, contracts, and bank transfers will all be included in the E-2 immigration case/application to account for the full investment amount. 

Completing the Five-year E-2 Visa Business Plan

A solid business plan is an essential part of the E-2 treaty investor visa process.  E-2 investors are required to submit a five-year business plan with their E-2 visa application. Investors should work with a professional business plan writer who is familiar with E-2 investment businesses and processes. These professionals can help to ensure that the business plan meets U.S. government standards. The business plan should include, but is not limited to, a detailed description of the chosen enterprise, market data, the investor’s role in company operations, plans for expansion, and five years of projected financial data. The business plan should show a fiscal trajectory, within normal parameters, for a growing business within the specific industry and within the time frame. The five-year business plan should be well-organized, aesthetically pleasing, and should contain accurate market data and financial projections. The business plan should convince the U.S. immigration service that the company will thrive and that realistic business objectives can be achieved. An immigration lawyer with E-2 experience can assist in reviewing the business plan to determine whether it meets U.S. Immigration requirements.  

How to Prepare the E-2 Case

Preparing the E-2 case or application is a critical step in the process. Investors should work closely with an immigration lawyer to collect required documents for their case and provide all necessary information to complete the required immigration forms. The decision of where to apply and what forms and documents are required, will depend on a variety of factors unique to each case. If the individual is located in the United States, they will need to file a change of status through USCIS using Form I-129. If the individual is outside of the US, they will need to do visa processing at the US Embassy in their respective country using Form DS-160 for visa processing abroad. 

Investors will also need to provide biographical and civil documents for themselves and their family members who plan to accompany them as E-2 dependents. This includes copies of passports, family relationship documents — such as marriage and birth certificates — bank statements, tax and financial records, the investor’s CV and academic transcript, and other documents. Detailed financial documents will be required to explain source of investment funds, which must be of traceable, legitimate, and non-criminal origin. Proving the legitimate source of cash funds can be very difficult, and in some cases, even impossible. Investors should, therefore, avoid using cash or other untraceable funds. An experienced attorney can help guide the investor through this stage of the process and inform the investor if any documents are missing and/or if they need to make any changes to their E-2 business plan, company structure, or investment amounts.

Completing Visa Processing & the Interview Process

Once the application is completed and submitted, the applicant will have to complete visa processing and an interview process. The manner and location of these steps will differ depending on the specifics of the individual case. When working with an attorney, the immigration attorney will submit the E-2 case to USCIS if the investor is in the US and is, therefore, changing his or her non-immigrant status. USCIS typically adjudicates E-2 cases within 3-4 months. Cases can be expedited by paying an additional premium processing fee. If using premium processing a decision on the case will be rendered within 15 calendar days. If the investor chooses to change their status inside the U.S., they should wait at least 90 days after entry to begin the application process. It is important to keep in mind that if an applicant is in the U.S. on a B-1/B-2 visitor visa with family members, they are not permitted to work, and children are not allowed to attend school, until change of status has been granted.

If the investor is applying for an E-2 visa from abroad then the visa application is done online and the application is sent to the US Embassy where the visa processing and interview will be conducted. For the interview, applicants must bring a copy of their complete E-2 file, valid passports for all family members, updated financial documents, original civil documents, online visa application confirmation, and other embassy-specific items, which should be prepared in advance. At the visa interview, the applicant will be asked about their qualifications to run their chosen business. The investor will also be asked for details about the business enterprise as well as about future business plans. The interview will help the consular officer determine eligibility. Consular processing typically takes around 4-6 weeks from the time the online application is submitted, until the non-immigrant visa interview date. Wait times for E-2 treaty investor visa interviews vary by Embassy and may vary by season. Consular processing applicants should be aware that each U.S. Embassy has slightly different requirements for E-2 applicants and processing procedure may vary between countries. Working with an attorney can help to ensure that all embassy-specific requirements are met.

Both the USCIS and U.S. Embassies often request additional evidence before issuing a final approval of E-2 treaty investor applications. It is essential to provide all requested information and documentation within the designated timeframe.

Traveling to the U.S. For An E-2 Visa

If applying for an E-2 visa abroad, the investor will receive a non-immigrant visa upon approval of the application. After the E-2 visa is issued, the investor and their family members must travel to the U.S. within the validity period of the E-2 visa. The visa validity period ranges from 90 days to five years. The length of time an E-2 visa is issued for is determined by the reciprocity schedule between the U.S. and the investor’s country. Once the investor and family members have entered the U.S., they will receive a two-year authorized stay in E-2 status to operate the E-2 business. An investor and dependents can renew their E-2 status with USCIS indefinitely, as long as the business is operating successfully. An investor may re-enter the U.S multiple times with a valid, unexpired E-2 visa, which will automatically renew the two-year authorized stay upon each arrival to the U.S. However, not all countries provide multi-year, multi-entry E-2 visas so investors are advised to make note of their country’s visa reciprocity details. If an investor leaves the U.S. without a valid E-2 visa, they must re-apply for a new visa at a U.S. Embassy or consulate abroad.

If applying for an E-2 visa in the US, the applicant will receive E-2 status, which does not include authorization for exit and re-entry into the U.S. Investors who change to E-2 status from inside the U.S. through the U.S. Department of Homeland Security must apply for an E-2 visa abroad with the U.S. Department of State if they wish to travel outside the U.S. and re-enter as an E-2 investor.

E-2 investors should keep accurate financial records and business documents to demonstrate that the E-2 business is operating successfully in order to renew the E-2 status when applicable. The adjudicating officer will determine if the E-2 renewal is required after one or two years.