A Simple Guide On The United States’ E-2 Visas

There is no “perfect visa” for every entrepreneur who wants to set up an innovative business and create new jobs in the US. However, we do have the E-2 visa. The E-2 visa allows entrepreneurs from certain countries to invest in a US company and then move to the country to manage that business.

The E-2 visa is an excellent option for investors and entrepreneurs. It allows you to live in the US, establish a US business, and work for your US-based business. It is the primary US immigration pathway for investors, entrepreneurs, and business owners who are making a large investment in a new or existing US business.

The E-2 visa allows an investor to immigrate to the United States and work for a US company by investing significant capital in and running a US business. It also allows an investor to enter the United States, establish a business, or buy an existing business and work for it.

You must be a citizen of a country with an E-2 agreement with the United States. E-2 visas provide holders significant flexibility to build and manage their US-based business. However, the eligibility and procedural requirements for the E-2 visa are rigorous and complex.

Whether you are looking to launch or invest in a new business, the E-2 visa application process is challenging for applicants. This guide will provide all the information you need about eligibility and the process you need to follow to get an E-2 visa and move forward with your business.

The meaning of E-2 visas

E-2 visas are non-immigrant visas issued to investors, entrepreneurs, and individuals seeking to establish and manage a business in the US. They allow you to establish, direct, and develop a US business or invest in and work for a US business. To qualify for the E-2 visa, you must invest significant capital in a US business.

You can establish or invest in a new business or an existing business. E-2 visa holders are only allowed to work in the US if they are from one country with an E-2 visa agreement with the United States. There are no restrictions on how often you can renew your E-2 visa.

As long as the business continues to exist and meets the requirements of the E-2 visa, E-2 visa holders can continue to work and live in the US. An E-2 visa holder can travel freely in and out of the United States during this period. An E-2 visa holder can also bring their spouse or dependent children to the United States as an E-2 derivative.

An E-2 dependent, such as a spouse or dependent child, can work in the United States without restriction. The dependent is not required to work in the E-2 business.

How long is the E-2 visa valid?

Your status determines the E-2 visa length – not the length of your visa. This is because the period of validity of your visa is different from the period of your stay. The period of validity is the period over which the visa is issued. This is the period in which the visa is valid until its expiry date.

The period of stay, on the other hand, is the period of time that the visa authorization allows the individual to remain in the United States at any given time. Your E-2 visa length will depend on your country of nationality. For example, if you are a British national, you may be eligible for an E-2 visa valid for a maximum of 60 months with multiple entries.

Generally, the validity period of the E-2 visa is between 1 and 5 years. However, your visa may only be valid for 3 months with a single entry to the United States. For instance, if you have a 5-year E-2 visa, you won’t be able to stay in the US for 5 years in a row.

With an E-2 visa, US Customs and Border Protection (CBP) usually gives you a “Readmission Period” of 2 years every time you enter or leave the country. If you leave the country and return within the validity period of your E-2 visa, you will typically be given a two-year readmission period upon your return.

This depends on your country of origin and whether the consulate has accepted your application.

The benefits of the E-2 visa

E-2 visas are a great choice for those looking to establish a business in the United States, especially those not interested in US citizenship or its tax burden.

The benefits of the E2 Visa are many and varied. Here are a few of the most common:

1. You can stay indefinitely (theoretically). As long as your business meets the requirements for the E-2 visa, you can renew it indefinitely.
2. Your spouse is allowed to work. This is great news for many talented entrepreneurs whose spouses want to work in the US workforce.
3. There is no minimum investment required. As long as you have sufficient funding to make your business successful, you can get an E-2 visa with a modest investment.

An E-2 visa allows you to establish a business in the US and work there for that business. It also allows your spouse and unmarried children under 21 to work in the US. Your spouse may apply for work authorization to work in the US, and your children may attend school in the US.

There are no minimum investment requirements to qualify for an E-2 visa. You can qualify for E2 if your investment is less than $50,000. You can renew your E-2 visa any number of times. Unlike other types of non-immigrant visas, you don’t need to maintain foreign residence to obtain an E-2 visa.

It is common to think that applying for a visa in the United States would take years, but this isn’t necessarily true. For example, the EB-5 immigrant visa can take several years to process for investors. The E-2 visa, on the other hand, can be processed in as little as a few months.

Although the E-2 visa requires a lot more effort on the part of the investor, it gives them much more control over their investment.

Drawbacks of an E-2 visa

The E-2 visa can be a great choice for many people but has drawbacks. Here are some of the drawbacks:

1. E-2 visas are only available to nationals of E-2 visa treaty countries.
2. Your children can accompany you on your E-2 visa to the US. However, after age 21, they can no longer remain in the US as E-2 visa dependents.
3. You cannot obtain a US green card directly through an E-2 visa.

Also, the E-2 visa is not suitable for all types of businesses. It is more suitable for domestic companies. If you plan to establish an import/export business, consider the E-1 visa instead.

Businesses that qualify for an E-2 visa

Before applying as an investor or an E-2 employee, your company must be officially established in the United States and registered as an “E-2 treaty investor business” with the US embassy or consulate. Whether you are a consultancy practice, a large-scale manufacturer, or more, you can get an E-2 visa.

However, you must meet the E-2 visa criteria. These criteria relate to investment size, business viability, and the investor’s role. A bona fide enterprise is defined as one that is active, for-profit, and capable of producing more income than just the income of the investor and their immediate family.

This includes businesses that sell goods or services for profit and those that provide services. It is important to note that an E-2 visa does not apply to a marginal enterprise, a business that cannot generate significant economic contribution.

Who is eligible for an E-2 visa?

To be eligible for this visa, you must have a passport from one of the E-2 Treaty countries. You can also learn more about these countries by consulting an immigration lawyer. The other requirement is to invest “substantial capital” in a business venture in the US.

USCIS does not specify the exact amount they require, but they provide general guidelines to help you decide how much to invest. The amount should be sufficient to demonstrate your financial support for the business venture.

In other words, your investment should demonstrate that if the venture fails, you will feel the pain and, therefore, have the motivation to make it financially viable. The amount of capital must also demonstrate that you can “develop and direct” the business. There is no official minimum investment for this visa.

At the end of the day, it all comes down to the type of business you are starting. For example, if you are starting a new startup, you must have enough capital to cover the costs. In addition, you must demonstrate that you own at least 50% of the business or have substantial operational control of it.

Some investment visa programs permit you to invest in an NPO or NGO but not in an E-2 visa. You must make your investment with the goal of making a profit and the possibility of losing money in the event of a business failure.

The business you are starting should ideally employ US citizens, and you must be able to prove that it will provide a minimum income for yourself and your family within five years of the investment.

Finally, your company should have a profit margin beyond covering your living costs. USCIS wants to know if your company can offer an economic advantage to the United States. If your company can do all of these things, you may be eligible for the E- 2 visa.

The E-2 visa eligibility for employees

E-2 visas can also bring employees to the United States to work for your business. However, any employees who wish to apply for E-2 visas at the same time must be nationals of the same country as the investor.

The employee you bring on E-2 visas must serve in an executive or supervisory role within your company or possess special qualifications that render the employee indispensable to the business.

In other words, you must demonstrate that you have a legitimate reason to bring the employee with you and that they possess skills that are not easily available to American workers.

The E-2 visa application process

Fill out the DS-160 nonimmigrant visa form online and upload your passport photo. The form must be completed in English. Then, pay the application fee and print the receipt. You will receive a digital confirmation. Bring the receipt to your interview at the US embassy or consulate.

Contact your nearest US consulate to schedule your interview. Sometimes, printing and completing the nonimmigrant treaty trader/treaty investor application may be necessary. Gather the following documents:

1. Your passport.
2. Travel itinerary.
3. Dates of prior trips to the United States.
4. Previous US visa applications.
5. Proof of funds and source.
6. Proof of intent to depart the United States once your visa expires.

E-2 visa interviews are held at the US consulate or embassy. The process is usually very short, but scheduling may be an issue if you are traveling with a spouse and/or children over the age of 14. If approved, you will get fingerprinted, your passport will be collected for stamping, and an additional fee will be charged.

However, this does not mean that you will be admitted to the US, and you may still be denied entry by CBP. Generally, you will not be allowed to bring any prohibited or illegal items into the United States. If you are allowed to enter, your passport is stamped, and if you stay beyond your visa period, you may not be eligible for future visas.

Get help!

We can help you get your dream business or investment visa if you want to extend your investment into the US. An experienced immigration lawyer can make your life easier. Our immigration lawyers at Gehi and Associates will work closely with you to expedite your application process.

We will assist you in gathering and managing all the required documentation to support your application. Whether you are seeking a short-term business visa in the US or a long-term investment opportunity in the US markets, we have years of experience. Contact us today to get started!