Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.
Guide to Obtaining an E-2 Visa for Israeli Citizens
E-1 VisaUK ImmigrationItaly ImmigrationE2 Visa ProcessE2 Visa Renewal
Israeli Nationals Gain Access to E-2 Visas (2019)
On May 1, 2019, Israel became the latest
country whose citizens can qualify
for the United States E-2 visa. The United States is the only major country that experiences a net
inflow of Israeli nationals.
2020 was the first full year in which E-2 visas were available to Israeli nationals.
As Israeli businesses grow their market share of the lucrative U.S. market and
Israeli entrepreneurs continue to access the U.S. market, we anticipate a rapid
rise in Israeli E-2 visa applications.
E-2 Visa for Israelis: An Opportunity for Israeli Entrepreneurs in the Thriving Tech Hub
In recent years, Israel has emerged as a dynamic entrepreneurial hub, with over a thousand startups created annually and a leading position in global innovation, attracting U.S. investors and fostering a mutually beneficial economic relationship.
Israeli entrepreneurs have made significant contributions to various sectors, from creating popular applications like Viber to pioneering life-saving innovations like Zebra Medical Vision's early breast cancer detection algorithm.
As the Israeli entrepreneurial landscape continues to expand globally, many entrepreneurs aspire to enter the diverse and competitive U.S. market. The E-2 visa in Israel offers them a gateway to success.
This visa stands out with a remarkable approval rate, in contrast to other visas with more stringent requirements and lower approval rates. Notably, the number of E-2 visas issued has been steadily increasing since 2018.
With Israel's recent inclusion as an active E-2 treaty country, Israeli entrepreneurs now have the opportunity to tap into the advantages of the E-2 visa. Even before this addition, some Israelis with dual nationalities were taking advantage of E-2 visa opportunities.
What Is an E-2 Visa and How Does It Benefit Israeli Citizens?
E-2 Visa
The E-2 visa is a non-immigrant visa specifically created for entrepreneurs and investors aiming to reside and work in the United States.
This visa grants entry to the U.S. contingent on a significant investment you intend to make in the country. This investment can take the form of launching new businesses or acquiring existing ones, contributing to the growth and prosperity of the U.S. economy.
The Benefits of Obtaining an E-2 Visa
Direct and Control a U.S. Business. The United States E-2 visa enables an Israeli citizen to:
- Operate a new business from within the United States or
- Acquire and operate a business of any size from within the United States
Work in a U.S. Business. An Israeli citizen can also use the E-2 visa to bring other Israeli nationals to the United States to work in a U.S. business they own.
How to Qualify for the E-2 Visa in Israel
To be eligible for the E-2 visa in Israel, applicants must meet several key requirements:
- Treaty Country Eligibility: Applicants must be nationals of a country that has a treaty of trade and commerce with the United States. Notably, Israel has recently been added to the list of treaty countries.
- Substantial Investment: Applicants are required to invest, or be in the process of investing, a substantial amount. They must also demonstrate legitimate possession and control of the funds. All invested funds must be in "at-risk" status and irrevocably committed.
- Relevant Skill Set: Applicants need to possess the necessary skills and experience to effectively manage and run the business. Educational background and work experience play a significant role in meeting this criterion.
- Non-Marginal Business: The business cannot be marginal; it must be profitable and show potential for growth, including the capacity to hire more employees as the business progresses.
- Intent to Return: Finally, applicants are required to sign a document expressing their intent to return to their home country once the visa expires. This demonstrates their commitment to complying with the visa regulations.
Dual Citizenship E-2 Visa Program
E-2 Visa for Dual Citizens of Israel and the UK
A number of our clients hold joint UK and Israeli nationality. As the UK is the only country in the world whose
citizens are subject to a residency requirement in the UK, our clients holding both Israeli and UK passports
usually use their Israeli nationality to apply for their U.S. E-2 visa.
For Israeli citizens resident in the UK, an E-2 visa can be obtained from the U.S. consulate in London.
E-2 Visa for Dual Citizens of Israel and Russia
Given the emigration patterns between Russia and Israel, there are an estimated 1.5 million Russian citizens resident in Israel and an estimated 80,000 Israeli citizens resident in the Moscow area alone.
While Russia is not an E-2 country, Russian citizens who can avail themselves of Israel's generous citizenship program can thereby become eligible for the sought-after U.S. E-2 visa.
In the absence of a claim to Israeli citizenship, Russian nationals can generally only avail themselves of the U.S. E-2 visa program through Grenadian and Turkish citizenship programs.
Other Investor Visa Programs for Israeli Citizens
EB-5 Investor Visa
Each year there are around 700 EB-5 visas available to people born in Israel. The EB-5 visa offers a U.S. Green Card (permanent residency) by investment. The required investment is $900,000 per family, which includes the primary applicant, as well as any spouse and children under the age of 21. The investment must be in a new commercial enterprise and it must create or sustain ten full-time American jobs. Click here for more details.
L-1 Intracompany Visa
The L-1 Intracompany Visa
is a popular route to the United States, especially for people in the tech industry.
The L-1A allows a company to transfer an international manager or executive and the L-1B allows it to transfer an
employee with "specialized knowledge".
It is possible to set up a brand new U.S. office of your Israeli company and then transfer employees there to oversee the
set-up and growth of that new office.
Israeli citizens are initially eligible for L-1 visas up to 48 months, which can then be extended to a maximum of five
years for an L-1B and seven years for an L-1A visa. After this time, the applicant would need to return to Israel or
find an alternative visa for staying in the United States. Read more about the L-1 Visa here.
E-2 Visa Processing for Israeli Applicants When U.S. Consulates in Israel Are Closed
Usual Rule for E-2 Visa Applications
Under U.S. visa regulations, applicants are normally expected to apply for non-immigrant visas at the U.S. embassy or consulate with jurisdiction over their place of residence.
This requirement appears in 22 C.F.R. § 41.101(a)(1), which states that visa applicants should apply at the consular office responsible for the applicant's residence.
In addition, the U.S. Department of State has instructed applicants to schedule visa interviews in their country of nationality or residence whenever possible.
Exception When U.S. Consulates in Israel Are Not Processing Visas
There are situations when routine visa services at the U.S. Embassy in Jerusalem or the Tel Aviv branch office are suspended or significantly limited because of security or operational issues.
When routine visa services are unavailable in a country, the Department of State allows applicants to apply at another U.S. embassy or consulate abroad. In those situations, Israeli E-2 visa applicants must complete their visa interview at a different consular post.
Where Israeli E-2 Applicants Can Process Their Visa
When visa services in Israel are unavailable or severely limited, Israeli E-2 applicants commonly process their visas at U.S. consulates that are accustomed to handling third-country E-2 applications, including:
- London
- Paris
- Amsterdam
- Nicosia (Cyprus)
These posts frequently process E-2 visa applications for investors who cannot complete the process in their home country.
Assisting Israeli E-2 Applicants in London
Our firm is headquartered in London, and we regularly assist Israeli investors and entrepreneurs who process their E-2 visas at the U.S. Embassy in London. Because of our location and experience with cross-border cases, we are accustomed to working with Israeli founders, scientists, and investors who need to complete their E-2 visa interview outside Israel.
For Israeli applicants who cannot obtain an appointment in Israel, processing an E-2 visa in London can often be an efficient and practical solution. We regularly guide clients through preparing the E-2 petition, assembling the supporting documentation, and preparing for the visa interview at the U.S. Embassy in London.
Israeli E-2 Visa Case Study: University of Haifa Scientist Uses Patents Valued at USD 250,000
Key Summary
Applicant: A scientist from the University of Haifa.
U.S. Business: A U.S. pharmaceutical research company established near the University of Maryland.
Investment: USD 250,000 in patents.
Initial Operating Cash: The business began with only USD 25,000 in initial operating cash.
Additional Employee: The investor also brought a second scientist to the United States as an E-2 essential employee.
Main Legal Issue: This was a sophisticated Israeli E-2 visa case involving non-cash intellectual property, a research-driven business model, and a for-profit enterprise issue.
Key Takeaway
A University of Haifa scientist used the E-2 visa to establish a U.S. pharmaceutical research company near the University of Maryland. The U.S. consulate accepted the transfer of his patents to the U.S. E-2 company and treated them as having an approximate value of USD 250,000 for E-2 investment purposes. The business began with only USD 25,000 in initial operating cash, and the investor also brought a second scientist to the United States as an E-2 essential employee. This was a sophisticated Israeli E-2 visa case involving non-cash intellectual property, a research-driven business model, and a for-profit enterprise issue.
The E-2 Investment Structure
The investor's main contribution was not cash. It was his patents and proprietary technology, which were transferred to the U.S. E-2 company. The U.S. consulate accepted those patents as part of the E-2 investment and valued them at approximately USD 250,000.
The company had only USD 25,000 in initial operating cash. That made the structure unusual. Most of the investment value came from the transfer of intellectual property rather than liquid funds.
U.S. Company Established Near the University of Maryland
The U.S. company was established near the University of Maryland, working in conjunction with a scientist studying for a PhD in biochemistry there. This supported the company's research objectives and placed the business in a strong academic environment relevant to pharmaceutical development, molecular biology, and related life sciences research.
Why This Was Not a Standard E-2 Visa Case
This was not a typical E-2 case involving a restaurant, franchise, consulting firm, or retail business. It was a research-based pharmaceutical company built around the development of patented technology.
That created a legal issue under the E-2 rules because a qualifying E-2 business must be a real, active, and operating commercial enterprise that produces goods or services for profit under 8 C.F.R. § 214.2(e)(13).
A company formed mainly to conduct research and build intellectual property value for later sale or licensing can therefore raise a genuine E-2 for-profit enterprise issue if the case is not structured and presented properly.
Why Phase 2 Clinical Trials Mattered
The company's commercial objective was to develop the technology to the point where it could complete Phase 2 clinical trials, attract U.S. funding, and become commercially attractive to a buyer or licensing partner.
In the pharmaceutical sector, Phase 2 trials are often the point at which a product begins to show meaningful commercial value because they provide early evidence of effectiveness in patients. FDA regulations explain that Phase 2 studies are designed to provide preliminary data on whether the drug works in people with the condition being studied under 21 C.F.R. § 312.21(b).
Bringing a Second Scientist as an E-2 Essential Employee
The investor also brought another scientist to the United States as an E-2 essential employee. That was important because the company needed specialist expertise to develop the patented technology and continue the research program in the United States.
This aspect of the case shows that the E-2 category can support not only the principal Israeli investor, but also key personnel whose skills are essential to the success of the U.S. business.
Why This Case Matters for Israeli E-2 Visa Applicants
This case is a strong example of why Israeli investors, Israeli scientists, and Israeli biotech founders benefit from working with an E-2 lawyer familiar with Israeli cases. Israeli businesses often bring valuable patents, research technology, and startup-style business models to the United States. Those assets may be substantial, but they can also create legal issues that do not arise in more conventional E-2 cases.
Here, the challenge was not simply proving investment. It was showing that a research-driven Israeli business built around patents, future funding, and clinical development could still qualify within the E-2 framework.
Speak With an E-2 Lawyer Familiar With Israeli Cases
If you are an Israeli entrepreneur, investor, founder, or scientist planning to expand to the United States, we can advise on E-2 eligibility, investment structure, patent-based investments, essential employees, and U.S. consular processing.
Our firm is headquartered in London, and we are accustomed to assisting Israeli E-2 applicants who need to process their visa applications outside Israel, including at the U.S. Embassy in London.
This is the kind of case where experienced legal strategy matters. When an E-2 application involves patents, intellectual property, essential employees, and a research-based business model, careful structuring and presentation can make a critical difference.
Advantages of the E-2 Visa for the Technology and Biotechnology Industries
According to the OEC, 32.1% of Israeli exports go to the United States, making the United States Israel's leading export market. The UK comes third at 3.71%.
After the diamond industry, Israel's largest exporting industries are biotechnology (6.85%) and Integrated Circuits (4.46%).
The E-2 visa presents an ideal way for Israeli nationals in these sectors to open or expand a business in the United States. Many Israeli-trained physicians have also migrated to the United States.
The U.S. Federal government together with various State and local governments offer special incentives and assistance for technology and biotechnology businesses coming to the United States. Please contact our firm for further information on these incentives.
E-2 Business Model for Israeli Investors
Israeli citizens apply for E-2 visas to direct and control businesses in a huge variety of industries in the United States. Some popular options include:
- Integrated Circuits and Digital Technology
- App development
- Pharmaceuticals
- Specialty Restaurants
Contact us to learn how D&A can help Israelis to start a business in the U.S.
E-2 FAQ (Frequently Asked Questions) Every Israeli Should Know
Can an Israeli Citizen Obtain an E-2 Visa in Any Country?
Yes, as an Israeli national, you can apply for an E-2 visa from:
- United States Embassy in Jerusalem, Israel
- Any country where you are lawfully resident
- Certain U.S. consulates that have decided to allow persons not resident in their jurisdiction to apply for E-2 visas there. As this list changes, please contact us for details.
How Long Can an E-2 Visa for an Israeli Citizen Last?
- The maximum initial E-2 validity period for an Israeli citizen is 24 months.
- After this, an E-2 visa can be renewed indefinitely.
Where to Submit Your E-2 Visa Application in Israel?
To apply for the E-2 visa in Israel, you should proceed as follows:
- Visit your nearest United States Embassy or Consulate that is accredited to your place of permanent residence. In the case of Israeli nationals, this means applying at a United States Consulate in Israel.
- The U.S. Embassy Branch Office in Tel Aviv is currently accepting E-2 visa applications from Israeli nationals.
Whether you are a first-time applicant or seeking to renew your visa, you will be required to submit the necessary supporting documents, including individual applications for employees. These documents can be sent via mail for processing.
How Long Does It Take for Israeli Citizens to Obtain the E-2 Visa?
The duration for obtaining an E-2 visa for Israeli citizens can vary depending on several factors, particularly the investor's circumstances. Here's an overview of the E-2 visa timeline in Israel:
- In the USA: If you are currently present in the United States and meet the eligibility criteria, the average processing time for an E-2 visa application is approximately 5 months. There is also an expedited option known as premium processing, which costs $2,500 and shortens the processing time to just 15 days.
- Outside of the U.S.: For applicants residing outside of the United States, the E-2 visa processing time through the U.S. Consulate can range from 2 weeks to 4 months, depending on the specific Consulate and other factors. This timeline applies after you have obtained a passport from a country that has a treaty with the United States.
It's important to note that individual circumstances and the specific Consulate you apply through can affect the processing time. Therefore, applicants should plan accordingly and consider premium processing if expedited processing is required.
How Much Does the E-2 Visa Cost for Israeli Citizens?
The cost of an E-2 visa for Israeli citizens varies based on certain factors. Once you have obtained a second passport from a country that has a treaty with the United States, the typical minimum investment amount required is over US $150,000, which is approximately 481,000 Israeli New Shekels (ILS).
The specific fees associated with the E-2 visa application depend on your location:
- Investor Present in the USA: If you are already in the United States, you will need to pay a Form I-129 fee of $460, and a Form I-539 fee of $370 for each dependent. Additionally, there is an option for premium processing at a cost of $2,500. Please note that there may be additional expenses related to lawyer's charges and business entity formation costs.
- Investor in Home-Country: For investors applying from their home country, there is a fee of $205 per DS-160 form. Again, legal and business formation costs may apply.
It's important to be aware that the Bank of Israel serves as the regulatory body overseeing the framework and monetary policy for transferring assets and money outside of Israel.
E-2 Visa Application Documents
For an E-2 visa application in Israel, it's crucial for applicants to ensure that the documents listed below are provided in the specified order.
| Document | Description |
|---|---|
| 1. Cover Letter | On company letterhead, outlining business qualifications for E-2 status. |
| 2. Table of Contents | Identifying documents in the binder and their locations. |
| 3. Form DS-156E | Completed, with sections for business profile and staff. |
| 4. Evidence of Ownership Compliance | Compliance with ownership requirements, depending on company type. |
| 5. Proof of Business Nationality | Valid passports of individual owners. |
| 6. Evidence of Investment | Checks and bank transactions between investor and business. |
| 7. Evidence of Business Operation | Documents, including a 5-year business plan, contracts, financial records, etc. |
| 8. Proof of Substantial Investment | Documentation showing the investment is substantial. |
| 9. Proof of Meeting Marginality Requirement | Forms like W-2s and 1099s to show lawful employment. |
| 10. Employee's Visa Application | Documents for the employee's visa application, including DS-160, payment proof, photographs, CV, and more. |
| 11. Dependent's Visa Application | Documents for dependents' visa applications, including DS-160, payment proof, photographs, and proof of relationship. |
E2 Visa Solutions by Country of Nationality or Residency
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Visa E2 pour les ressortissants français
About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
Latest case studies
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- भारत में जन्मे ऑस्ट्रेलियाई के लिए कैलिफोर्निया में स्टोर खोलने के लिए E-2 वीजा
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E-2 Visa for UK Citizens
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