Guide to the E2 Visa: Requirements, Process, and Benefits

Understanding the E2 Visa: A Comprehensive Guide

Guide to the E2 Visa: Requirements, Process, and Benefits

A major investment in a U.S. business qualifies a person from a treaty country to enter and work in the United States under the E2 visa, sometimes called the Treaty Investor visa. Everything you need to know about the E2 visa—its requirements, application procedure, and pathways to permanent residency—will be covered in this guide. At Passage Law, we provide knowledgeable legal support to help you handle every aspect of the E2 visa application.

What is an E2 Visa?

Those investors from countries with treaties of trade and transportation with the United States are eligible for the E2 visa. It enables these investors to come to the United States to grow and run a business in which they have made significant capital investments. Those wishing to use this chance for business and investment in the US must know what is an E2 visa.

E2 Visa Basic Requirements

Those who want to apply for an E2 visa must fulfil particular criteria. The following are the e2 visa requirements:

  • Treaty Country: The candidate needs to be a citizen of a nation that is party to an E2 treaty with the US. The U.S. Department of State website lists E-2 visa countries or treaty countries’ E-2 visas.
  • Investment: Usually speaking, a large investment is enough to guarantee the smooth running of the business. Though there is no minimum number, it should be high in comparison to the whole cost of starting a new firm or buying an existing one.
  • Enterprise: A genuine, running commercial business must be the subject of the investment. Not eligible are idle or speculative investments. The company has to be legal and make money by selling products or services.
  • Control: The investor needs to be in charge of both the company and the finances. This involves keeping at least 50% of the company or having operational control through a management role or other corporate tool.
  • Employment: The investor and their family need more from the investment than just a premium income. Economically speaking, it needs to be big.

Processing of an E2 Visa

Several phases make up the e2 visa process. The application process is described in detail here:

  1. Business Plan: Create a thorough business plan that describes your investment and shows how the company will run profitably.
  2. Form DS-160: Online fill out the E2 visa application form (Form DS-160). All applicants for non-immigrant visas use this form as a regular procedure.
  3. Submit Documentation: Gather and turn in all required papers, including business plans, investment, nationality, and operation of the company.
  4. Visa Interview: Make time for and show up for a visa interview at a U.S. consulate or embassy. Get ready to go to great lengths on your investment and company plans.
  5. Fee Payment: Payment of the U.S. visa fee payment is necessary to process your application.

Investing Amount for E2 Visa

The investment amount is one important component of the E2 visa. The investment has to be considerable even though there is no set minimum. Usually, an E-2 visa minimum investment should be enough to guarantee the company’s successful operation. Generally speaking, but this can change based on the type of firm, investments of $100,000 or more are considered large.

Benefits of the E2 Visa

Several important advantages come with the E2 visa:

  • Work Authorization: The investor can manage the company in which they have invested and therefore operate legally in the United States.
  • Family Members: Investors can bring spouses and unmarried children under 21 to the United States. Additionally eligible to seek for work authorization are spouses.
  • Renewal: If the company keeps operating and satisfies the visa conditions, the E2 visa can be extended indefinitely. Planning long-term requires an understanding of E2 visa renewal requirements.
  • Flexibility in Travel: E2 visa holders have unrestricted travel both inside and outside of the United States.

Green Card Pathway

Despite being a non-immigrant visa, the E2 can, by several pathways, result in permanent residency (a green card). Converting an E2 visa to a green card can be done as follows:

  1. Visa for Investors EB-5: The investor can seek a green card through the EB-5 program if the investment amount satisfies the requirements for the visa (currently $1.8 million or $900,000 in a targeted employment area).
  2. Employment-Based Categories: The investor can change their status if they meet the requirements for an employment-based green card category (like EB-1, EB-2, or EB-3).
  3. Family Sponsoring: The investor might be sponsored for a green card by family members who are citizens or permanent residents of the United States.

E2 Visa for Employees

The E2 visa is available to workers of E2 companies in addition to investors. The E2 employee visa enables important staff members to work for the E2 company in the United States. These workers have to be in executive, supervisory, or essential skills roles and share the same nationality as the main investor.

E2 Visa Extending and Renewal

As long as they keep fulfilling the visa conditions, holders of E2 visas may renew their visas indefinitely. The E2 visa renewal requirements cover keeping the investment, making sure the company is profitable and running, and fulfilling all visa requirements. Planning for the long run requires knowledge of the E2 visa extension requirements procedure.

E2 Visa Restrictions

The E2 visa has various travel limits even if it offers a lot of advantages. Those with E2 visas must continue to live outside of the United States and show that they intend to go back home after their visa expires. However, those possessing an E2 visa can enter and exit the country without needing any other travel documents.

Family Members E2 Visa

E2 dependent visas can be obtained by spouses and unmarried children under 21 of E2 visa holders. These relatives are free to reside and study in the United States. Applying for employment permission, spouses of E2 visa holders should complete Form I-765, Application for Employment permission. Relocation-planning families must be aware of the E2 visa spouse work permit procedure.

Denied E2 Visa and Appeals

Knowing the reasons for a denial of an E2 visa application and the appeals that are open to you is important. Improper business planning, little investment, or inability to show control of the company are often reasons for refusal. If your E2 visa is turned down, you have the option to reapply with more supporting evidence or challenge the ruling if you think there was a mistake.

E2 VISA and Health Insurance

It is advised for E2 visa holders to have full medical coverage to pay for medical costs while in the United States. Although not a visa requirement, the excessive expense of healthcare in the US makes health insurance necessary.

Planning of an E2 Visa Business

A key component of the E2 visa application is a carefully written business plan. It should go into great length about the nature of the company, a market analysis, financial estimates, and the applicant’s suitability to operate it. The business plan needs to show that the company has a chance of succeeding and that it can bring in money above margins.

How Passage Law Can Help

Passage Law is here to help with the sometimes difficult E2 visa application procedure. Our staff of skilled immigration lawyers focuses on E2 visa applications, guaranteeing an easy and profitable procedure from beginning to end. We offer thorough assistance to satisfy your needs whether you need assistance with E2 visa application form completion, understanding E2 visa investment amount, or planning E2 visa renewal. For the greatest, most experienced assistance with your E2 visa needs, go to Passage Law.

Final Thought

Treaty country investors wishing to start or buy a business in the United States have a useful choice with the E2 visa. Applying successfully requires an understanding of the E2 visa requirements, application procedure, and benefits. Passage Law will help you negotiate the complicated nature of the E2 visa application and accomplish your immigration and investment objectives in the United States. Consult us for a smooth procedure.


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