The E2 Treaty Investor Visa USA
Everything Indian Nationals Need to Know about the E2 Visa

An E-2 investor Visa allows a qualified person to come to the United States for the purpose of “Directing and Controlling” an American business. Many investors and businesspeople use the E2 Visa to open and operate US business.

An E-2 employee Visa allows a worker with specialist skills who holds the same nationality as their US E-2 employer to work for that employer in the United States.

Follow this link to read about the nationality of E2 employers.

As described in more detail below, while India is not an E2 Visa country there are two circumstances where an Indian National may obtain an E-2 Visa USA.

Many Indians are surprised to learn that there are Indian Nationals with an E2 Visa in their Indian passport.

While there is no minimum required investment for an E-2 Visa the investment must be “substantial” in relation to the size of the business. While lower investment amounts have been approved the United States State Department has issued a guideline minimum investment amount of One Hundred Thousand United States Dollars (USD 100,000.00).

Download our Free Guide to Selecting
an E2 Qualifying Business

Any business properly formed and legitimately operating in the United States potentially qualifies for the E-2 investor Visa. The business can be in any industry and located anywhere in the United States of America.

It is highly advisable to select an E2 business which has:
- One or more employees
- A place of business suitable for the business involved to operate from

Our firm has been privileged to assist Indian-born Nationals obtain E2 Visa in a great variety of Industries. A small selection of examples of businesses used in successful E2 cases can be viewed by following this link.

Only the Nationals of E2 treaty countries can qualify as a E2 Visa applicant. At the current time India is not on this list.

There are two ways an Indian National can obtain an E2 Visa USA:
- as spouse of an E-2 Visa holder; and
- by obtaining the nationality of a qualify E2 Visa Country.

An Indian National who is married to an E-2 Visa holder can receive a derivative E-2 Visa in their Indian passport. The Indian spouse of an E2 Visaa applicant can apply for an E2 Visa in their Indian passport at the same time as their qualifying spouse or at any time thereafter. More on Grenada CBI

Two countries, Grenada and Turkey allow Indian Nationals to acquire Citizenship by Investment. Grenada has four Citizenship by Investment Programs starting at USD 150,000. Turkey has many more Citizenship by Investment programs including the bank deposit option which allows investors to retain control of their funds throughout the process.

Other Indian clients of our firm have obtained Canadian Citizenship, Australian Citizenship and UK Citizenship and gone on to obtain an E-2 Visa. The Citizenship route through these countries is not direct, requires residency and takes many years.

A free guide to obtaining an E-2 Visa qualifying Nationality for Indian Investors can be requested here

More on Turkish CBI

Most Indian-born E2 Visa applicants choose which US consulate will process their E2 Visa application. Choices include:

• The City in which the E2 Visa applicant is resident
• The US Consulate covering the Country of Nationality (for Grenadian Applications this means Barbados, or Turkey the consulate is in Istanbul).
• Any third country willing to accept the filing. This is helpful when India has significant processing delays as processing can be faster in other Asian cities such as Singapore and Ho Chi Minh City.

The choice of consulate is an important decision that requires a detailed discussion with an US immigration lawyer experienced with filing E2 Visa applications for applicants who have obtained their qualifying nationality by investment.

The best business for an E2 Visa is the business that you understand and can most competently operate.

There are minimal requirements for an E2 Visa but a business that: (a) has employees; (2) has a place of business; and (3) requires an investment of at least USD 100,000 can be considered good guidelines.

Yes and no.

Yes, the spouse of an E2 Visa holder can lawfully work for any company in the United States.

Yes, it is possible for a PROPERLY STRUCTURED E2 Visa business to diversity into multiple businesses allowing an E2 Visa investor to potentially work for multiple related companies.

No, a primary E2 Visa holder (as opposed to the E2 Visa-holder’s spouse) cannot work for a business or company that is NOT a subsidiary of the E2 Visa business.

We have assisted successful Indian-born E2 Visa applicants who have been resident in: Canada, Australia, Chandigarh, Delhi, Mumbai, Pune, Singapore, Bangalore, Hyderabad, Dubai, the United States and the United Kingdom.

The costs of an E2 Visa for an Indian National fall into categories.

Obtaining a Qualifying Nationality

The costs range from about 20,000 Euros for Indians who qualify for Citizenship by decent and those using the Turkish Bank Deposit Program to 6 Million Euros for those using the Austrian Citizenship by Investment program.

Incorporation and Business Set-Up Fees

Properly setting-up and incorporating your US business is critical.  These costs are likely to be USD 2,500 and up, depending on the business you select and your personal circumstances.

Your US Business

You will have to purchase or fund your US business.  Remember that investment does not have to be cash, stocks of inventory and other donated property can count towards the investment.  We recommend that the total cash and non-cash investment exceeds USD 100,000.

E2 Visa Application Fees

E2 Visa lawyers typically charge between USD 5,000 and USD 20,000 for E2 Visa applications. Not all legal services are created equally so be careful to understand the scope of work and experience of the lawyer concerned.