E-2 Investment Visa

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E-2 Investor Visa

What Is an E-2 Investment Visa?

The E-2 Treaty Investor Visa is a nonimmigrant visa category that allows individuals from certain treaty countries to enter the United States for the purpose of investing a substantial amount of capital in a U.S. business. 

Am I Eligible for an E-2 Investment Visa?

To determine if you are eligible for an E-2 Investment Visa, you need to meet several criteria. Here are the key requirements:

  1. Nationality: You must be a national of a country that has a qualifying treaty of commerce and navigation or a bilateral investment treaty with the United States. Not all countries have such treaties, so check whether your home country is on the list of eligible countries. Please the related section on this page for a list of E-2 treaty trader countries.

  2. Substantial Investment: You must make a substantial investment in a U.S. business. While there is no specific dollar amount set by the U.S. government, the investment must be substantial enough to ensure the success and viability of the enterprise. The investment should also be at risk, meaning there is a potential for financial loss.

  3. Ownership and Control: You must have at least 50% ownership of the U.S. enterprise, or you must demonstrate operational control through a managerial position or other corporate devices. The goal is to show that you have the ability to develop and direct the business.

  4. Development of the Business: The investment should be made with the purpose of developing and directing the business. The business should be more than marginal, meaning it should have the capacity to generate income and create job opportunities for U.S. workers.

  5. Source of Funds: You must demonstrate that the funds for the investment come from a legitimate source. USCIS typically requires documentation to trace the source of funds and to ensure that they were obtained lawfully.

  6. Treaty Investor Employee: If you are not the principal investor but an employee, you must have the same nationality as the principal investor and be employed in a supervisory or executive capacity, or possess skills that are essential to the business.

  7. Duration of Stay: The initial period of stay on an E-2 visa is generally up to two years, with the possibility of extensions as long as the business operations and the investment continue to meet the eligibility criteria.

E1 and E-2 Investor Visa Treaty Countries

Please click the following link for list of countries that have E-1 and E-2 Investor Treaties with the US.

List of E-1 and E-2 Treaty Visa Countries

How Can I Apply for E-2 Investor Visa at the Consulate?

The E-2 Visa application process involves several steps, and it’s important to follow them carefully. Here’s a general overview of the process  for an E-2 visa at the US Consulate:

  1. Determine Eligibility:

    • Ensure that you meet the eligibility criteria for the E-2 Visa, including being a national of a treaty country, making a substantial investment, having ownership or control of the business, and intending to develop and direct the enterprise.

  2. Create a Business Plan:

    • Develop a comprehensive business plan that outlines the nature of the business, the investment amount, job creation plans, and the overall strategy for the success of the enterprise.

  3. Investment and Business Setup:

    • Make the substantial investment in a U.S. business. This could involve setting up a new business or purchasing an existing one. Ensure that the business is consistent with the requirements of the E-2 Visa.

  4. Gather Documentation:

    • Collect all necessary documentation to support your E-2 Visa application. This may include:
      • Passport and visa application forms.
      • Evidence of nationality.
      • Business plan and details of the investment.
      • Financial records demonstrating the source of funds.
      • Lease agreements or property documents.
      • Corporate documents indicating ownership or control.
      • Employment and job creation plans.
  5. Complete Form DS-160:
        • Fill out the Online Nonimmigrant Visa Application (Form DS-160). You will receive a confirmation receipt with a barcode, which you should keep for the visa interview.
  6. Pay the Visa Fee:
    • Pay the non-refundable visa application fee. The fee amount can vary and is subject to change, so check the U.S. embassy or consulate website for the most up-to-date information.

  8. Schedule a Visa Interview:

    • Schedule an appointment for a visa interview at the U.S. embassy or consulate in your home country. Wait times for interview appointments can vary, so it’s advisable to schedule the interview well in advance.

  9. Attend the Visa Interview:

    • Attend the visa interview at the U.S. embassy or consulate. Be prepared to discuss your business, investment, and other relevant details. Bring all required documents, including the confirmation receipt of Form DS-160.

  10. Wait for Visa Processing:

    • After the interview, the consular officer will determine whether to approve or deny the visa. If approved, the officer will provide information on how to pick up the visa.

  11. Travel to the U.S.:

    • Once you have the E-2 Visa, you can travel to the United States. The visa is typically issued for an initial period, and you can apply for extensions as needed.

How Can I File a Change of Status to E-2 in the US?

If you are in the US in a lawful status, such as on a B1 status, you can file a change of status(COS) with the USCIS. Here is a general overview of the process:

  1.  Check Eligibility:

    • Ensure that you meet the eligibility criteria for the E-2 Visa, including being a national of a treaty country, making a substantial investment, having ownership or control of the business, and intending to develop and direct the enterprise.

  2. Maintain Legal Status:

    • You must be in the United States under a valid nonimmigrant status when filing for a change of status. If you have overstayed your current status, you may not be eligible for a change of status, and other options like consular processing may be necessary.

  3. Create a Business Plan:

    • Develop a comprehensive business plan that outlines the nature of the business, the investment amount, job creation plans, and the overall strategy for the success of the enterprise.

  4. Investment and Business Setup:

    • Make the substantial investment in a U.S. business. This could involve setting up a new business or purchasing an existing one. Ensure that the business is consistent with the requirements of the E-2 Visa.

  5. Complete Form I-129:

    • File Form I-129, Petition for a Nonimmigrant Worker, with the USCIS. Include the appropriate filing fee and any required supporting documentation. The I-129 form is used for a variety of nonimmigrant classifications, so be sure to select the E-2 classification.

  6. Supporting Documentation:

    • Include all necessary supporting documents with your Form I-129. This may include a comprehensive business plan, evidence of the substantial investment, ownership or control documents, financial records, and other relevant materials. See the section above for the business plan, investment, and business setup process.

  7. Include a Cover Letter:

    • Provide a cover letter explaining the purpose of the petition, the basis for the change of status, and any other pertinent information.

  8. Submit Filing Fee:

    • Pay the required filing fee for Form I-129. Check the USCIS website for the most up-to-date fee information.

  9. Premium Processing (Optional):

    • Consider using premium processing if a faster decision is needed. This is an optional service that requires an additional fee. It expedites the processing time to 15 calendar days.

  10. Biometric Services (if applicable):

    • Depending on your age and other factors, you may be required to attend a biometrics appointment to provide fingerprints, photographs, and a signature.

  11. Wait for USCIS Decision:

    • USCIS will review your petition and supporting documents. If additional information is needed, they may issue a Request for Evidence (RFE). Once the review is complete, USCIS will either approve or deny the petition.

  12. Receive Approval Notice:

    • If your change of status is approved, USCIS will issue Form I-797, Notice of Action, indicating the approval and the new status.

  13. Adhere to New Status:

    • Once your change of status is approved, you are required to adhere to the conditions of the E-2 visa. This includes engaging in the approved investment and maintaining the qualifying relationship with the U.S. business.

How Can I Extend My E-2 Visa Status?

To extend your E-2 visa status in the United States, you’ll need to file a petition with the USCIS. Here is a general guide on how to extend your E-2 visa:

  1. Eligibility Check:

    • Ensure that you continue to meet the eligibility criteria for the E-2 visa, including maintaining the substantial investment in the U.S. business, having ownership or control, and actively participating in developing and directing the business.

  2. File Form I-129:

    • Complete and submit Form I-129, Petition for a Nonimmigrant Worker, with the USCIS. Include the appropriate filing fee and any required supporting documentation.

  3. Supporting Documentation:

    • Include updated documentation that demonstrates the ongoing substantial investment, the financial health of the business, and continued adherence to E-2 visa requirements. This may include financial statements, business plans, and other relevant records.

  4. Include a Cover Letter:

    • Provide a cover letter explaining the purpose of the petition, the basis for the extension, and any other pertinent information.

  5. Biometric Services (if applicable):

    • Depending on your age and other factors, you may be required to attend a biometrics appointment to provide fingerprints, photographs, and a signature.

  6. Submit Filing Fee:

    • Pay the required filing fee for Form I-129. Check the USCIS website for the most up-to-date fee information.

  7. Premium Processing (Optional):

    • Consider using premium processing if a faster decision is needed. This is an optional service that requires an additional fee. It expedites the processing time to 15 calendar days.

  8. Wait for USCIS Decision:

    • USCIS will review your petition and supporting documents. If additional information is needed, they may issue a Request for Evidence (RFE). Once the review is complete, USCIS will either approve or deny the extension.

  9. Receive Approval Notice:

    • If your extension is approved, USCIS will issue Form I-797, Notice of Action, indicating the approval and the new period of authorized stay.

  10. Adhere to New Expiration Date:

    • Once you receive the extension approval, ensure that you adhere to the new expiration date. It’s important to continue meeting the conditions of the E-2 visa during the extended period.

  11. Plan Ahead for Future Extensions:

    • E-2 visas can be renewed indefinitely as long as you continue to meet the eligibility requirements. Plan ahead for future extensions by monitoring the expiration dates and initiating the extension process in a timely manner.

Other Investment Visas

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance

After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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