E-2 Treaty Investor

E-2 Visas

If you are an investor from a qualifying treaty country then an E-2 visa may allow you to live in the United States for the purpose of owning and running a qualifying business or enterprise.

Advantages and Features of an E-2 Visa

  • The spouse of an E-2 visa holder can obtain status enabling them to work in the USA.
  • The minor children of an E-2 visa holder can obtain lawful status to reside in the United States.
  • Investors can qualify either by starting a new business or purchasing an existing business.

How Long is an E-2 Visa Valid for?

  • E-2 visas can initially be granted for any period but up to five years, during which time the holder may travel freely in and out of the U.S.
  • E-2 visas are renewable indefinitely, meaning that they can be renewed as long as there is a need to manage and direct the underlying business.

Business Plan is Key

In our experience the preparation of a business plan that demonstrates how your business clearly meets the requirements of the E-2 visa program is critical. For that reason our Wharton MBA lawyers work with a specialist team of immigration business analysts to prepare business plans that meet the approval of the toughest immigration and consular officers.

Click here to learn more about Immigration Business Plans

Egyptian E-2 Visas: The Critical Business Plan

A well drafted immigration business plan is usually critical in Egyptian E-2 visa cases. Click here to learn more about the preparation of Immigration Business Plans in E-2 visa cases.

How do E-1, E-2, L-1 and EB-5 Visas Differ?

 L-1 Visas E-1 Visas E-2 Visas EB-5 Visas
Visa available to nationals of any country? Nationals of treaty trader countries onlyNationals of treaty trader countries only
Must I have worked for a related company abroad for one year?
Ability of dependent Spouse to work in US
Can the visa be renewed into perpetuity assuming I re-qualify?
Is a business plan a very key element of a successful application?
Minimum investment RequiredSufficient to operate valid foreign business and US office or business entityNo theoretical minimum there must be enough investment to create a real, viable, businessSufficient to fund business enterprise, generally around USD 100,000.00 although less is possibleEither USD 500,000.00 or USD 1,000,000.00
Immigrant visa status
Can lead to green card after one year

Transition to green card status through EB5 program possible

Transition to green card status through EB5 program possible

visa initially issued for a conditional two year period.

Note: an L-1 visa has the advantage over an E-1 visa of more easily leading to permanent residency (a “green card”). That said, contrary to popular myth, moving from an E-2 or E-1 visa to a green card IS possible but is difficult without an immediate US relative or use of the EB-5 program.

Dependents

The spouse of minor children of an E1 visa holder can apply for dependent E visa status. With E-1 dependent status the spouse of an E-visa holder may lawfully work in the United States.

Green Card

Although there are options and our firm assists clients adjust from E visa status to that of “green card” holder, an E-1 visa  or an E-2 visa does NOT directly lead to permanent residency (also called a “green card”). In fact, an E-1 or E-2 visa applicant must have the intent to return to his or her country of origin once the visa expires.

If your goal is to eventually become a permanent resident of the United States, other options may be more suitable for you, such an L-1 visa, or the EB-5 Immigrant Investor Program

Where to Apply

You can apply to become an E-2 Treaty Trader at a U.S. Consulate abroad, or by filing a petition with US Citizenship and Immigration Services (USCIS) to change status if you are already in the U.S.

Note: Because a change of status does not grant the applicant a new visa, during your next trip abroad, you will need to apply for a visa from a U.S. Consulate in order to reenter the United States with E-2 status.

How Can We Help?

Davies & Associates is a specialized immigration law firm. A substantial part of our practice focuses on assisting business owners and investors with E-1, E-2, L-1 and EB-5 visas. Through our international presence we have specialist knowledge of the specific procedures in multiple embassies and consulates around-the-world. While there can never be any guarantees, in fifteen years we have yet to have any E-2 visa application we have prepared denied.

Please feel free to contact our E-visa team with any additional questions you may have.

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