Introduction to E-2 Visas
The E-2 visa is a non-immigrant visa that allows foreign nationals to enter and work in the US based on a substantial investment in a US business. To qualify, the applicant must be a national of a country with which the US has a treaty of commerce and navigation.
The E-2 visa is an attractive option for foreign entrepreneurs and investors who wish to start or invest in a US business, but the application process can be complex and requires careful planning and preparation.
Eligibility Requirements for E-2 Visas
To be eligible for an E-2 visa, the applicant must demonstrate that they have invested or are in the process of investing a substantial amount of capital in a US business. The investment must be at risk and the applicant must have control of the business.
Additionally, the applicant must show that the business will generate more than enough income to provide a minimal living for the applicant and their family, and that the business will create jobs for US workers.
Applying for an E-2 Visa from Within the US
It is possible to apply for an E-2 visa from within the US, but the process is more complex than applying from outside the country. The applicant must file a petition with US Citizenship and Immigration Services (USCIS) and wait for approval before applying for the visa.
The applicant must also demonstrate that they have been lawfully admitted to the US and that they have not violated any terms of their current visa status.
Required Documentation for E-2 Visa Applications
To apply for an E-2 visa, the applicant must submit a range of documents, including a valid passport, proof of investment, and evidence of the business's viability. The applicant must also provide documentation showing their qualifications and experience in the field.
The application must also include a detailed business plan, financial projections, and evidence of the business's potential for growth and job creation.
Seeking Professional Guidance for E-2 Visa Applications
The E-2 visa application process can be complex and time-consuming, and it is highly recommended that applicants seek the guidance of an experienced immigration attorney. An attorney can help the applicant navigate the process and ensure that all required documentation is submitted.
An attorney can also help the applicant to prepare for the interview with the USCIS officer and to address any issues that may arise during the application process.
Frequently Asked Questions
What is the minimum investment required for an E-2 visa?
There is no fixed minimum investment required, but the investment must be substantial and sufficient to establish a viable business.
Can I apply for an E-2 visa if I am already in the US on a different visa?
Yes, but you must demonstrate that you have been lawfully admitted to the US and that you have not violated any terms of your current visa status.
How long does it take to process an E-2 visa application?
The processing time can vary, but it typically takes several months to a year or more to receive a decision on an E-2 visa application.
Can I bring my family with me on an E-2 visa?
Yes, the spouse and unmarried children under the age of 21 of an E-2 visa holder may be eligible to accompany or follow the principal applicant to the US.
Can I work for another company on an E-2 visa?
No, an E-2 visa holder is only authorized to work for the company that sponsored their visa application.
Can I apply for a green card while on an E-2 visa?
Yes, but the E-2 visa is a non-immigrant visa and does not provide a direct path to a green card. The applicant must apply for a different type of visa or immigration status to pursue permanent residence.