(Old) How to Invest in the U.S. with an E-2 Treaty Investor Visa?

Introduction

E-2 Visa, also known as E-2 Treaty Investor Visa, is a non-immigrant visa category that permits foreign investors and entrepreneurs from selected treaty countries to enter and work in the United States based on their investment in a U.S. business.

This visa is intended to encourage foreign investment and ease travel for E-2 treaty investors who support the U.S. economy.

In this guide, we’ll cover everything you need to know before applying for an E-2 Investor Visa including the benefits, eligibility, requirements, application process, duration of stay, visa fees, and limitations of the E-2 Visa.

What Are the Benefits of an E-2 Visa?

With an E-2 Treaty Investor Visa, the investors can benefit from the following privileges:

• You are permitted to establish a company in the U.S. and work for your business legally.
• The applicants can travel in and out of the U.S. without any restrictions during their visa duration.
• As long as you retain your E-2 treaty investor qualifications, you can stay in the U.S. for an extended period of up to 2 years with unlimited two-year visa extensions.
• The individual with an E-2 visa can bring their spouse and unmarried children under the age of 21 to accompany them and dependents are also permitted to work or study in the U.S.
• There is no minimum investment required, however, it has to be a substantial amount of capital or asset value put in the risk for running a business.
• In contrast to other non-immigrant visas, you’re not required to maintain a foreign residency. However, the applicant must present their intention to leave the U.S. at the certain point.

Who Is Suitable for an E-2 Treaty Investor Visa?

Not everyone is eligible for an E-2 visa. Please go through the below-mentioned criteria to find out if you’re suitable for this non-immigrant visa category.

• Entrepreneurs or investors from E-2 treaty countries who make a sizable investment in the U.S. company which they either own or they own at a minimum 50% of the enterprise.
• Treaty country nationals coming to the U.S. to establish and manage investments.
• Citizens of E-2 treaty nations who enter the U.S. to oversee the operations of a business in which they have invested or are actively in the process of investing a substantial amount of capital. The definition of “substantial” might vary from industry to industry.
• Immediate family (spouse and unmarried children under the age of 21) of the E-2 treaty investors.
• Top executives - businesses in treaty countries can send out top executives to oversee their U.S. affiliate or branch.
• Employees - businesses in treaty nations can dispatch employees to establish a U.S. enterprise.

E-2 Visa Requirements

While each applicant's unique circumstances may determine the precise qualifying requirements for the E-2 visa, we’ve listed the broad requirements that all candidates should anticipate.

Nationality

You must be a citizen of a nation with which the United States has a bilateral investment treaty or a treaty of commerce and navigation. It's important to verify the list of qualifying treaty countries on the U.S. Department of State's website as not all countries meet this requirement.

Substantial Investment

The applicant must make a significant financial investment in a U.S. company. The sum deemed "substantial" might vary based on various criteria, including the nature and scale of the business.

There’s no set minimum investment to get an E-2 treaty investor Visa, however, the investment amount must be adequate to guarantee the success of the enterprise.

Active Management

In most cases, the investor is required to actively participate in the U.S. business's management. This could include managing day-to-day operations, participating in big decision-making, and owning and controlling at least 50% of the company.

Type of Business

The investment must be made in a legitimate business - it cannot be a so-called “side gig”. The E-2 business plan must be able to bring in more money than it costs for the investor and their dependents to be able to live comfortably in the U.S.

Source of Funds

The E-2 applicant must present the legitimate and legal source of the capital contributed to the U.S. business demonstrating that the enterprise is lawful. This contributes to the assurance that the funds utilized for the investment were acquired lawfully.

What Documents Are Required to Apply for an E-2 Visa?

The applicant must present the following paperwork when submitting an E-2 Visa application form.

• Signed Nonimmigrant Visa Application, Form DS-160
• Signed Treaty or Trader Investor Application, Form DS-156E
• Documentation proving the individual’s nationality
• A statement from your employer outlining your role and certifying that you have highly specialized knowledge necessary for the smooth running of the company
• Proof of a substantial investment in the United States
• Additional case-relevant documents, such as your marriage license and your children's birth certificates
• A passport with its validity lasting for at least six months after the anticipated length of stay
• A 37 × 37 mm color passport-style photo of each member named on the visa application

How to Apply for an E-2 Treaty Investor Visa?

The applicants can apply for the E-2 Visa while in the U.S. or from outside the country, regardless of their current residence. Let’s explore both options.

Applying from Within the U.S.

The applicants who are residing in the country legally have the option to change their status to an E-2 visa by filing Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.

This form must be submitted along with other supporting documents regarding the individual’s nationality, investment, and other relevant financial information about their business, as previously mentioned.

If you are one of the individual E-2 treaty investors, you are in charge of submitting the petition on your own. If you work for a company, your employer is responsible for filing Form I-129 on your behalf.

Applying from Outside the U.S.

If you are applying from outside of the United States, you must consider the following steps:

• File a Form DS-160, an online Nonimmigrant Visa Application
• Make an appointment and attend a visa interview at the American embassy or consulate in your native nation

Duration of Stay on E-2 Treaty Investor Visa

Initially, the E-2 Investor Visa is granted for a maximum of 2 years. Upon completion of the initial visa duration, the individual can request an E-2 Visa extension that is granted for another 2 years.

The E-2 Visa holders are eligible for an unlimited number of extensions. However, when their status expires or is canceled, all E-2 nonimmigrants must intend to leave the United States.

E-2 Visa Fees

The entire cost of an E-2 visa application can vary significantly based on the specifics of each case, but you should budget between several hundred and several thousand dollars for application fees and other associated expenses.

Here’s a breakdown of E-2 visa fees:

• Form I-129, Petition for a Nonimmigrant Worker - $460 (for applicants already residing in the U.S. and willing to change to E-2 status or extend their E-2 status)
• Form DS-160, Online Nonimmigrant Visa Application - $160 (for applicants applying at a U.S. consulate from outside the country)
• Form I-539, Application To Extend/Change Nonimmigrant Status - $370 (for E-2 visa holders willing to extend or change their E-2 status)
• Form I-134, Affidavit of Support - $0 (no cost) (to prove the financial resources to support the E-2 treaty investor's stay in the U.S.)
• Form I-907, Request for Premium Processing Service - $2805 (an optional form used by applicants who want to expedite the application process)

Aside from the application fees, the applicant should keep in mind other expenses like traveling to the U.S. embassy or consulate, attorney fees, document translation and getting copies of passports, birth certificates, or marriage certificates, among other necessary supporting papers.

Limitations of E-2 Investor Visa

Although this visa is a great way for E-2 treaty investors or entrepreneurs to invest in a U.S. business and stay in the country managing their enterprise, there are certain limitations to this visa status. For instance:

• Only citizens of treaty countries with which the United States has investment treaties are eligible for E-2 visas.
• The E-2 visa holders are only permitted to work for the particular company or independently owned enterprise that sponsors their E-2 visa.
• Since E-2 visas are only granted for two years at a time, the application and extension processes become tedious.
• The barrier to entry is quite high since the eligibility for E-2 requires a substantial investment to be made by an applicant or their employer.

What Is the Difference Between E-1 and E-2 Visas?

Both E-1 and E-2 visas are designed to welcome international investors or traders into the United States. However, there’s a slight difference between E1 and E-2 visas.

While "substantial" traders who can benefit both their local and U.S. companies are eligible for the E-1 Visa, E-2 candidates, on the other hand, need to have access to a "committed and irrevocable" sum of money.

This significant sum of money needs to be sufficient to cover both the risk associated with running a business and any prospective trade transaction.

Additionally, investors with E-2 Visa are anticipated to produce a greater return on their overseas investment. E-1 Visa holders, however, can continue operating their businesses without necessarily increasing their revenue.

How Can I Apply for a Green Card while on the E-2 Visa?

There are a few ways you can convert your E-2 treaty investor visa to a green card. Let’s discuss them one by one.

1. Family-based immigration

Your immediate family members who are citizens or permanent residents of the United States may submit an immigration petition on your behalf as the beneficiary.

1. Employment-based immigration (Labor Certification)

You can obtain permanent residency through employment-based immigration. For this, you must find a job that’s willing to submit a Labor Certificate to the DOL for you.

1. EB-1 Visa

If the applicants are classified as a "Multinational Executive or Manager" - EB-1(C) or an "Alien of Extraordinary Ability" - EB-1(A), they may also file an immigration petition for the EB-1 Visa.

1. National Interest Waiver

Another avenue through which you may apply for a green card is a National Interest Waiver (NIW). Eligible candidates are foreign nationals seeking employment in a profession in which they possess an advanced degree (or comparable experience).

The individuals who can demonstrate their remarkable competence as "aliens," and who can demonstrate that their work will materially enhance the interests of the United States, may be eligible for National Interest Waivers.

1. Marital or spousal

If you get into a lawful marriage with a citizen of the United States, you're eligible for a green card.

In case you’re not ready to invest yet but possess exceptional talent in the arts, sciences, commerce, education, sports, or film, you can explore an O-1 visa to work and live in the U.S. along with your family with unlimited extensions.

Conclusion

An E-2 treaty investor visa is beneficial for establishing and running a business in the U.S. as an international investor or entrepreneur.

In addition to getting to run a business with a huge market such as the U.S., the applicants can also stay in the U.S. for an extended period with unlimited two-year visa extensions.

FAQs

An E-2 visa is appropriate for a wide range of businesses, including but not restricted to franchises, real estate and property management, personal service providers, attorneys, and commercial endeavors.

E-2 visa processing time is typically two to four weeks from the time the application is filed. However, in certain consular postings, this time frame may be extended. This could also vary depending on how much backlog the U.S. Consulate is facing when you apply.

Yes, you can apply for an E-2 dependent visa if you want your spouse or unmarried children under 21 to accompany you to the United States for the duration of your stay.

Yes, your spouse is allowed to look for work by completing Form I-765 and requesting Employment Authorization. But your children aren't authorized to work in the United States.

Indeed, your dependents are free to enroll in American schools, colleges, and universities without the need to apply for a different type of student visa, like an F-1 visa.

Yes, every dollar earned in the United States must be reported on federal and state tax returns to the Internal Revenue Service (IRS) by E-2 treaty investors.

To acquire an E-2 treaty investor visa, there are three main methods:

• Launch a new business in the United States and substantially invest in it.
• Purchase an established American business.
• Work for a U.S. company that has already received E-2 approval.

You can renew your E-2 visa for an additional two years at a time. It is best to apply for a visa extension in advance of the expiration of your I-94 card.

However, you might be allowed to stay in the United States for an extra 40 days while you wait for the acceptance of your E-2 visa renewal.

There are two types of refusals: RFEs and NOIDs. An RFE is a request for evidence and a notification of intent to deny is called a NOID. Both require quick answers and can be resolved. Otherwise, the application can be rejected.

If a treaty investor's employees share the same nationality as the major investor and perform tasks that are crucial to the business, they may occasionally also be qualified for E-2 visas.

In general, yes, those with an E-2 visa are permitted to purchase real estate in the US. However, beyond what is offered by the E-2 visa itself, property ownership in the United States does not automatically lead to any immigration benefits or legal status.

It is allowed to open multiple businesses with an E-2 investor visa. The visa does not limit investors to a single business endeavor. However, each company has to fulfill the requirements on its own to be eligible for an E-2 visa.

No, the E-2 visa program does not have a set number restriction or quota, in contrast to certain other visa categories like the H-1B visa, which has an annual limitation on the number of visas issued.

No. A U.S. company is not required to sponsor you for an E-2 visa.

No, an E-2 visa does not impose any travel limitations. You are allowed to travel as often as necessary before your E-2 visa work permit expires. Additionally, there is no time limit set by the USCIS for your residence overseas.

You can study on an E-2 visa, but you can't enroll in a full-time course like you may with an F-1 visa. If pursuing a few credits at a university does not conflict with the main purpose of the visa, you are welcome to do so.

Yes, you can have a U.S. business partner with an E-2 visa. The American partner, nevertheless, cannot have a majority stake in the company. The applicant needs to have an executive position and own at least 50% of the company to be eligible for an E-2 visa.