The E-2 non-immigrant classification allows a national of a treaty country to be admitted to the country when investing a substantial amount of capital in a United States business.
The current E-2 Treaty countries can be found on US Government website https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
The E-2 Visa allows non-US nationals to start up or invest in an existing US business. If you are a citizen of an E-2 Treaty country you can apply for an E-2 Visa or you may need to look at obtaining a citizenship from one of the E-2 Treaty countries which allow citizenship, such as Turkey, Grenada, Montenegro to name a few.
We look at the most frequent questions asked by investors seeking to obtain an E-2 Visa.
What are the requirements for an E-2 Visa?
The E-2 visa requires the applicant’s intent to make a substantial investment and at least be a majority owner of the US business. The investment must be substantial and sufficient to sustain the business and employee US citizens. Two key points are no minimum investment is needed, but the investment must be substantial enough to sustain the business.
What are the key benefits of an E-2 Visa?
• You are allowed to travel in and out of the US without restrictions.
• You can bring a spouse and children that are below 21
• It is possible to obtain E-2 Visa via self-owned business
• No annual limits on the number of E-2 visas that can be issued to qualified applicants
• The main applicant’s spouse can work in the US
• The main applicants’ children under 21 may attend the school of their choice in the US, but they do not qualify for a work visa
• You can move an E-2 Visa to an EB-5 Visa, but speak with an immigration expert to structure it for you.
Is it better to start your own business or invest in an existing business?
Doing business in the US can be challenging as your need to meet the rules and regulations, if you have been operating a business overseas, it’s advisable to invest in an existing business that meets the criteria
Do I need to recruit and employee with an E-2 Visa?
Simply, yes. US Immigration is issuing you a visa to benefit the US economy and recruiting US employees is a key factor to renewal for your E-2 Visa.
Can my children work in the United States with an E-2 Investment Visa?
No. As they are dependent we ask you to seek special advice if your children are very close to being 21 or over.
What happens to my children when they turn 21 years of age?
When your children turn 21 they are no longer permitted to stay in the us as dependents. your children either have to leave the US or change their visa status.
What document do I need to submit an E-2 Visa application?
The really depends on the US Consulate. When it comes to applying for an E-2 visa its advisable to use an experienced US Immigration lawyers so they provide the detailed information needed from source of funds, business plan, documentations etc
What will they ask in the interview?
The interview should be straightforward as long as you have the correct documents and they might ask questions such as explain your business plan, your intentions and why do you want to apply for an E-2 Visa.
The company you appoint should help you through this process.
What happens if I get denied an E-2 Visa?
If your application is denied by the local consulate, the office should give a reason for the denial. You should be able to present your E-2 visa application again if it is refused, as generally E-2 visa have a high success rate.
How to convert my E-2 Visa to a Green Card?
There are options available, but it’s advisable that you consult with an immigration lawyer from the beginning, so they can structure everything from day one.
