The E-2 nonimmigrant classification permits nationals from treaty countries—those with which the United States has a commerce and navigation treaty or a qualifying international agreement, or that are recognized by legislation—to enter the U.S. by investing a significant amount of capital in a U.S. business. Additionally, certain employees of the investor or qualifying organization may also qualify for this visa category.

Requirements

To be eligible for E-2 classification, a treaty investor must:

• Be a national of a country that has a treaty of commerce and navigation with the United States.
• Have invested or be in the process of investing a considerable amount of capital in a valid U.S. business.
• Plan to enter the U.S. exclusively to develop and oversee that investment, which can be shown by having at least 50% ownership or operational control.

The investment must involve putting capital at risk with the goal of making a profit, and the funds should not be sourced from illegal activities.

A substantial investment is defined as:

• Meaningful in relation to the overall cost of purchasing or starting a business.
• Adequate to demonstrate the investor’s financial commitment to the venture.
• Sufficiently large to ensure effective development and management of the business, with higher investments needed for lower-cost enterprises.

A bona fide enterprise is characterized as a genuine, active business that generates goods or services for profit and adheres to applicable legal standards.

Duration

Treaty investors and their qualifying employees can initially reside in the U.S. for up to two years with the E-2 visa. If they require additional time, they can apply for extensions, each of which may be granted for another two years. Alternatively, instead of seeking an extension while in the U.S., they can travel and re-enter using a valid E-2 visa to obtain an extended stay.

The Process

If you are applying from inside the U.S.:

• Confirm that you are a citizen of an E-2 treaty country and that you satisfy all E-2 criteria, including the necessary business and role requirements.
• Complete and submit Form I-129 (Petition for a Nonimmigrant Worker).
• Collect all relevant documentation regarding your business, such as a business plan (if applicable), financial records, proof of investment, and source of funds, along with information demonstrating your eligibility.
• Consider opting for premium processing for a quicker decision (within 30 days).
• You will receive a decision from USCIS. If approved, your status will be updated to E-2 on the date indicated on your Form I-797 Approval Notice.

If you are applying from outside the U.S. (Consular Processing):

While the specific steps may differ by U.S. consulate and require thorough attention, here are some general steps to follow:

• Confirm that you fulfill all E-2 requirements, including nationality, business criteria, and E-2 role qualifications.
• Complete and submit Form DS-160 (Online Nonimmigrant Visa Application) and Form DS-156E.
• After the Consular Officer reviews your application, you can schedule and attend a visa interview at the U.S. Embassy or consulate in your home country
• If approved, your passport will be stamped with the E-2 visa, typically valid for five years. You will need to present it at a U.S. port of entry to gain admission to the U.S.

Benefits

An E-2 visa allows you to establish and run a business in the United States. Obtaining an E-2 visa allows your spouse and unmarried children under 21 to also be eligible for E-2 visas.

There is no specific minimum investment required to qualify for an E-2 visa. Investments of $50,000 or even less have been approved for E-2 status.

This visa may provide potential tax advantages compared to permanent residents and ability to travel freely to and from the United States

The process of acquiring an E-2 visa can be intricate, making it crucial to grasp the eligibility criteria and application steps beforehand. Potential investors should always consider obtaining legal advice to ensure their investment aligns with the necessary criteria and to strengthen their application to USCIS or the U.S. consulate.

In our Law Firm, we offer expert guidance on eligibility requirements, help you gather and organize necessary documentation, and ensure that all forms are accurately completed.