Frequently Asked Questions (FAQ) Where to Apply for an E2 Visa in India

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.

How Much do I Have to Invest to Obtain an E2 Visa?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

What Businesses Qualify for an E2 investor Visa?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.

How Does an Indian National Qualify to Apply for an E2 Visa?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.

What Businesses Have Indian-Born E2 Visa Applicants Used?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

Step Success Pointers Timeline
Application for Qualifying Nationality Apply to obtain a qualifying nationality 0-6 Months
Select a US Business Have a franchise lawyer fully review any franchise agreement(s) 1-3 Months
Prepare Thorough Business Plan This is the single most critical step in an E2 Visa application. Allow your E2 Visa lawyer to be a full part of the team preparing the business plan. 1 Week - 2 Months
Incorporate US Business You will need to evidence proper formation of your business. 1-4 Weeks
Obtain Necessary Licenses The US Consulate will not issue an E2 Visa unless you have the licenses and permits necessary for your business to legal operate. 0-8 Weeks
WAIT Wait until an E2 Visa qualifying nationality has been obtained. 0-6 Months
Primary Applicant Needs to Make a “Substantial” Investment in the Business or Escrow Investment Funds can either be spent on items necessary for the business or placed in escrow to be spent post E2 Visa approval.
Funds to purchase a business can be placed in escrow.
COS or E2 Visa Decision Decide whether to apply for Change of Status to E2 Visa status if you are already in the US or apply for an E2 Visa if you are outside the US. 0-3 Months
E2 Visa Change of Status or E2 Visa Application File E2 Visa Application or Change of Status Application

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.

US Embassy in India, New Delhi
Shanti Path, Chanakya Puri 110021
Office: +91-11-2419-8000
Fax: +91-11-2419-8587
US Embassy in India, New Delhi Website
US Consulate in India, Mumbai (Bombay)
C-49, G-Block, Bandra Kurla Complex, Bandra East, Mumbai 400051
Office: (22) 2672-4000
US Consulate in India, Mumbai (Bombay) Website
US consulate in Hyderabad
Paigah Palace, 1-8-323, Chiran Fort Lane, Begumpet, Secunderabad 500 003
Office: +91-40-4033-8300
US consulate in Hyderabad Website

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Eranjan Venura Parua
Eranjan Venura Parua
2 months ago

"After finding D&A through an internet search in 2020, my wife and I had several free consultations with David Cantor. Despite our initial attempt at filing for our E2 visa independently ending in failure, we decided to hire D&A for their expertise and support. Over the course of four long years, Verdie and Cristina were incredibly patient as we took our time to prepare for the E2 submission. Verdie became our E2 Attorney in 2021, and from the start, Verdie and Cristina's patience was evident. Despite our intermittent engagement over the years, they always treated us with the utmost attention. Working with Verdie and the D&A team was a pleasure; their professionalism and support were unwavering. Verdie's calm demeanor and succinct communication style made navigating the process much smoother, even during complex discussions. I wholeheartedly recommend Verdie and D&A - Davies & Associates, to anyone seeking an immigration law firm who can efficiently handle their case with precision and without unnecessary fanfare. Their ability to get things done speaks volumes about their dedication to their clients' success."

Jeremy Abernathy
Jeremy Abernathy
4 months ago

I had the pleasure of working with Verdie and Nessa to obtain my E2 Visa. Their in-depth knowledge and experience allowed me to be fully prepared in my application and they were able to answer all questions leading up to the Visa interview.

Saeed Muhammad
Saeed Muhammad
5 months ago

Verdie was an amazing attorney, providing exceptional client care throughout the process. He had a great depth of knowledge in all areas on business visas in the US.

Satyabrat Chowdhury
Satyabrat Chowdhury
8 months ago

I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.

Christine Envall
Christine Envall
a year ago

Getting my E2 Visa was a very in-depth process that took just over a year from when I committed to it, but 8 months from when I found a business I wanted to purchase. The only reason I'm giving 4 and not 5 stars is because the timeframe was a lot longer than expected from the initial information. Aside from the timing, Verdie and his team led me through the Visa process, providing all the guidance I needed to be successful, including advising me on the RIGHT type of Visa to suit my goals. Within the process I purchased a business and the greater Davies team included lawyer Rinat who helped me put the deal together. One of the biggest parts was my Business Plan which created from my info by Ana Ortiz, who did an incredible job. The process is certainly tedious and Verdie & Christina were always there to answer my questions, provide suggestions and advice and ensure I had all the documents I needed to support my application. I appreciated their patience with my questions and their advice and in the end, the application was so thorough the interview process was quick and easy. I highly recommend Davies & Associates and look forward to working with them again when it's time to renew my Visa.

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