An E-2 is a visa is for a foreign citizen of an “investor treaty” country, coming to the U.S. to manage the operations of an enterprise in which the investor has invested or is actively in the process of investing a “substantial amount” of capital. Key employees of the business may also obtain this visa.
There is no set amount in the Regulations that qualifies as substantial. An investment of at least $200,000 is usually considered substantial.
To qualify for an E-2 visa, you:
An advantage of the E-2 visa over work visas like H-1B is that any specific educational background is not required. You may also travel in and out of the U.S. or remain in the U.S. continuously until your E-2 visa expires. The E-2 visa may be valid up to 5 years, with the chance of 2-year extension. The duration of status, however, can only be for a maximum of 2 years, which means that the E-2 visa holder has to depart the U.S. and re-enter to extend their status or apply for an extension of status by filing such an application in the U.S. A big advantage over H-1B and L-1A / L-1B is that you may extend the E-2 indefinitely.
E-2 visa applications are difficult to compile and can be extremely time intensive. Proving “substantial investment” is also difficult when the amount of investment is lower than the benchmark amount. In such cases, a strong argument must be made that such investment is substantial in the particular business environment. Knowledge of what the immigration service or department of state wants to receive from the petitioner is vital to success, which is where our immigration law firm can help.
To discuss if this is the right visa for you and if you can qualify under this category, please feel free to contact one of our business immigration law attorneys by email or call us at 324-416-8043.
Whatever your situation is, we are here to ensure the immigration process goes smoothly and protect you from issues that may come up. We provide you with a sense of comfort and ease as you go through this time in your life.
Contact American Immigration Law Group Today
Yes. An E-2 visa holder may bring their spouse and unmarried children under 21 to the US. Spouses can apply for work authorization and work for any employer, while children may attend school but are not allowed to work.
The investment does not always need to be fully spent, but it must be actively in the process of being invested in and clearly committed to the business. The funds must be at risk and tied directly to a real and operating US enterprise.