E2 Visa
The E-2 visa is a non-immigrant visa that allows individuals from treaty countries to enter the United States for the purpose of investing in and managing a business. The E-2 visa is available to both investors and essential employees of the qualifying business. Here's an overview of the process for obtaining an E-2 visa for both investors and essential employees:
1. Eligibility Criteria
The applicant must be a national of a country that has a treaty of commerce and navigation with the United States. The list of eligible countries can be found on the U.S. Department of State's website.
The applicant must be investing a substantial amount of capital in a bona fide enterprise in the U.S.
The investment must be active and at risk, with a clear plan for generating profit.
The business must be able to create job opportunities for U.S. workers.
For essential employees, they must have specific skills or qualifications that are essential to the business's operations.
2. Investment Amount
There is no fixed minimum investment amount for E-2 visas, but the investment should be substantial relative to the total cost of the business. The investment amount can vary depending on the industry and the size of the business.
3. Business Plan
comprehensive business plan is crucial. It should outline the business's purpose, projected financials, market analysis, job creation plans, and more.
4. Business Setup
The applicant needs to establish or acquire the business before applying for the E-2 visa. This includes registering the business, securing a physical location (if applicable), and setting up all necessary operations.
5. Application Process
The investor or essential employee must file Form DS-160, Online Nonimmigrant Visa Application, and pay the required visa application fee.
After completing the DS-160, the applicant needs to schedule an appointment at the U.S. embassy or consulate in their home country for a visa interview.
6. Visa Interview
During the visa interview, the applicant will be asked about their investment plans, the business's operations, the source of funds, and their ties to their home country.
Investors should be prepared to provide evidence of their investment, such as financial statements, bank statements, purchase agreements, and business contracts.
Essential employees should be ready to explain their role within the company and how their skills are essential to the business's success.
7. Visa Approval and Entry
If approved, the applicant will receive the E-2 visa stamp in their passport, allowing them to enter the U.S.
8. Visa Validity and Extensions
E-2 visas are typically granted for up to five years initially, but this can vary based on the specific treaty agreement.
Visa holders can travel to and from the U.S. during the visa's validity period.
E-2 visas can be renewed as long as the qualifying investment and business operations continue to meet the requirements.
It's important to note that the E-2 visa process can be complex, and requirements may vary depending on the applicant's specific circumstances and the U.S. consulate's policies. It's advisable to consult with an experienced immigration attorney to navigate the process successfully and ensure compliance with all regulations.