The E2 Treaty Investor Visa USA
Frequently Asked Questions (FAQ)L1 VisasUS Visa OptionsEB5 VisasCase StudiesOpening a US BusinessIs an Indian Eligible for an E2 Visa?How Much Investment is Required for an E2 Visa? Which Business is Best for an E2 Visa? How an Indian Qualify for an E2 Visa? E2 Step by Step for Indian ApplicantsWhere to Apply for an E2 Visa in India
Everything Indian Nationals Need to Know about the E2 Visa
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.
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).
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
|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 New Delhi, India
Shanti Path, Chanakya Puri 110021 New Delhi
US Consulate in Mumbai (Bombay)
C-49, G-Block, Bandra Kurla Complex, Bandra East, Mumbai 400051
Phone: (22) 2672-4000
US Consulate in Chennai (Madras)
220 Anna Salai, Gemini Circle, 600006 Chennai
Click here to see how to obtain L visa at the us consulate general in chennai, india
We were in a hurry and Verdie and the team were highly responsive and supportive, even when we threw in some curve balls along the way. We had our visas approved without any issues and felt confident and well prepared for document submissions and the interview. I'd certainly recommend this team for an E2 visa process.
5 stars and a high five! Thank you Verdie and Etta for assisting us with our change of status application. They were very professional and accommodating with all our questions and concerns throughout the process. Despite the time constraint, we pulled it off and we could not have done this without you guys! Keep up the good work!
I received an world-class help in how to immigrate to the USA succesfully! Alex was very open to answer my questions and is definitely a professional in what he does! Strongly recommend this firm.
I had talked with Alex Jovy, he was very quick to respond, had a lot of useful information which I was not aware of. Took time out of his day to discuss my situation and was very helpful. They go into a lot of detail which other companies do not. Overall a great service!
It was great to have a first meeting with Alex Jovy on Team and were glad to have fruitful discussion. Alex in-depth knowledge and I will highly recommend Alex for these services.
Contact Davies & Associates Offices in India
New Delhi Office
C-41, L.G.F. Jungpura Extension New Delhi, India 110014
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Regus UB City, Level 15 Concorde Tower, UB City, 1 Vittal Mallya Road, Bangalore, India 560 001
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Our email address
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.EB5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.Parent of 2 EB5 Visa Holders
I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.L1B Visa Holder
Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.Individual Seeking 'Impossible' TN Visa
I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.Doctor Seeking J1 Visa Waiver
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.U Visa Applicant, A Victim of Crime
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