E2 Visa Benefits
There 's a myriad of benefits if you 're an E-2 Visa holder. You can legally work and stay in the U.S. for the enterprise which is the subject of your investment, and you can stay on a prolonged basis as long as you maintain your valid E-2 status. Moreover, you can also bring in your spouse or unmarried children under the age of 21 to live with you.
E-2 Visa Requirements
A. Origin Requirements
The United States and the Country of Origin must have a valid Treaty in place.
To be able to apply for an E-2 investor visa, your country of origin must be one of the E-2 Treaty Nations. This means that it must have a treaty of commerce or navigation or a qualifying bilateral agreement with the U.S.
You need to be a citizen of a Treaty Country.
It is required that you must be a national of the country that maintains treaties of navigation or commerce with the U.S. If you have dual citizenship, you can choose which nationality to use when applying for a visa, provided they are both E-2 treaty countries.
B. Investment Requirements
The applicant has invested or is actively in the process of making one.
The concept of investment means that it shouldn 't just sit in your business bank account but is constantly put at risk in the commercial sense. To be able to show that you have invested or are in the process of making one, the committed funds must be real and irrevocable. You must be near the start of actual business operations and not at the start of contract signing.
Your investment must be substantial.
There is no specific amount of minimum investment required to be considered a substantial investment. However, the investment must be suitable to the nature of the business you 're starting to ensure its success. This is to ensure that the investment enterprise is not just mere speculative.
The investment should be in a functioning commercial enterprise.
The enterprise must be an active, real, and operating commercial enterprise that produces goods or services for profit. The rule of thumb is that your business should require active supervision or executive oversight every day.
The enterprise must be more than marginal.
The bona fide enterprise must not be a marginal enterprise, where it does not have the present or future capacity to generate more than enough income to provide a living for you and your family members. Moreover, it must have a significant economic contribution to the U.S.
You must have control over the funds and assume the investment risks.
It 's required that you 're the principal holder or in control of the funds and bear the risk of the investment. As the treaty investor, you must show that you own at least 50% of the enterprise, which means that you have the ability to develop and direct the activities of the enterprise.
Upon the termination of E2 status, you intend to leave the United States.
Since the visa confers nonimmigrant treaty investor status, it only gives a temporary period of time to live and work in the U.S. You must prove that you intend to live and work in the U.S. temporarily or only for the duration of your visa.
C. E-2 Requirements for Employees
To be able to qualify for an E-2 employee visa, all the eligibility requirements for the treaty enterprise must first be met. Moreover, the E-2 employee must also satisfy the following:
Share the same nationality as the treaty investor or the business.
Destined to work in an executive or supervisory position or possess essential skills for the operations of the enterprise.
Intend to leave the U.S. when their visa expires.
D. Documents Needed
To apply for the E-2 Treaty Investor Visa, here are the documents that must be included:
DOS Form DS-160
DOS Form DS-156E
A copy of your passport with at least 6 months validity beyond the period of your stay and with at least one blank page.
Passport-size coloured photo showing your full face and without any head covers. You may wear a headdress if it 's required by your religion.
The business plan, outlining the investment scheme.
Your curriculum vitae
Evidence that you 'll be employed in a supervisory or executive position, or you possess essential skills to the operation of the business.
Evidence of control and possession of investment funds.
Evidence of remittance to the U.S.
Evidence of business established in the U.S.
Evidence of nationality of the treaty investors
Evidence of investment to the U.S.
Evidence of substantial investment
Evidence that the enterprise is not a marginal enterprise
Evidence that the enterprise is a real operating enterprise
E2 Visa Qualifications
To qualify for an E-2 Visa, it is required that you invest substantially in an existing U.S. enterprise or start a U.S. enterprise. Moreover, you must be a national of a country with a relevant treaty with the U.S. If you 're an immediate family member of an E-2 visa holder or key personnel of the treaty enterprise, then you are also qualified for an E-2 Visa.
E-2 Visa Processing Timeline
The length of the processing time depends on the consulate you 're applying to, but generally, it takes 2 weeks to 5 months. If you are currently in the US on a valid nonimmigrant status, you can file an application to change status with USCIS and request for premium processing which will cut down the processing time to 15 days. This, however, comes with a fee. Check our E2 Visa Cost guide for more information.
Upsides and Downsides of E2 Visa
Like all visas, the E-2 Treaty Investor Visa can also come with both upsides and downsides. Here 's a breakdown of them:
You can invest any amount
The qualifications for an E-2 Treaty Investor Visa don 't provide for a minimum amount of investment, however, it is required that the investment must be a substantial amount relative to the costs of operating the enterprise.
You can invest in a wide range of businesses
The E-2 Visa provides you flexibility in choosing the business type you may invest in. As long as the enterprise or startup meets the qualifying criteria, you 're free to invest in any business type you want.
You can travel in and out of the U.S.
Once you 're an E-2 Visa holder, you can travel freely in and out of the U.S. as long as it remains valid. You can also live anywhere in the U.S. with your visa.
You can bring your spouse, children or essential employees
If you 're planning to bring your dependents with you to the U.S., they can also apply for an E-2 visa as well. You can also bring employees who work in a supervisory position or possess an essential skill for the operation of the enterprise.
You can apply for an E-2 visa even if you have a previously denied U.S. visa
Even if you have a previously denied U.S. visa, you can still apply for an E-2 visa as long as you qualify for its requirements.
You lose your E-2 Visa Status when your business ceases
Since your visa status relies on the investment enterprise, you 'd lose your visa status as a treaty investor once the business ceases operations.
You can 't work in the U.S. while your E-2 visa is being processed
To be able to work or stay in the U.S., you should have first obtained your E-2 visa. Previously, family members would need an Employment Authorization Document for them to work in the U.S., but this doesn 't apply anymore.
You can be denied renewal if your business is struggling or barely successful
While there 's no limit to visa extensions, it can still be denied if your business is struggling or barely successful. And even if your 2-year visa has not yet expired, you must leave the U.S. once your business fails.
You can only obtain the visa if you 're from an E-2 treaty country
Only nationals or citizens from E-2 treaty countries are eligible to apply for the E-2 Visa. If you 're from a country that has no existing treaty of commerce and navigation with the U.S., then you 'd have to resort to other visas to work and invest in the country.
You can only stay temporarily
While the E-2 visa can be extended indefinitely, it doesn 't directly lead to permanent residence, and so you 'd have to explore other visa options if your goal is to obtain a Green Card.
E2 Visa Requirements FAQs
While there 's no minimum amount of investment required to be able to qualify for an E-2 visa, the investment capital must be substantial enough relative to the operations of the enterprise.
The E-2 Treaty Investor Visa is a temporary non-immigrant visa given to nationals of countries that have a treaty of commerce and navigation with the U.S. to invest a substantial amount in an existing U.S. business or in a new one. This means that the visa is only valid for a temporary period and doesn 't confer permanent residency or citizenship to the applicant.
The E-2 visa allows an initial stay of 2 years but can be extended indefinitely in increments of 2 years as long as the E-2 status remains valid.
Yes, spouses (including same-sex couples) and unmarried children under the age of 21 can apply to join you. Their nationalities don 't need to be the same as the investor.
Yes, provided that the employee is of the same nationality as the primary employer, meets the definition of an employee under the relevant law, and is either in a supervisory or executive position or possesses essential skills relevant to the operations of the enterprise.
Since the E-2 visa confers non-immigrant status, it 's not possible to obtain a green card directly from it. You may apply for a green card through other paths like the EB-5 immigrant investor program, which requires at least $800,000 of investment.
You may also apply for the EB-5 visa, which is a visa that gives you the right to obtain a green card or an E-1 Visa which confers the same non-immigrant classification but applies to carrying substantial trade.
Yes, once your business fails or ceases operations, you can become ineligible for the E-2 Visa. Since your application depends upon the enterprise 's existence, once it fails, you can become subsequently disqualified.
Yes, you may file for a change of status to E-2 as long as you 're eligible and you meet the requirements. You would just need to fill in Form I-129 and send it to the United States Citizenship and Immigration Services (USCIS), and provide documents confirming your citizenship and investment.
No, you can only work in the U.S. only once your visa has been approved and you have obtained work authorization.
If your business is still operating, is not violating any rules or laws, and is still eligible based on the E-2 requirements, you can apply for the renewal of your visa by submitting Form DS-160 along with relevant documents.
Yes, even if you 've been denied from a previous U.S. visa application, this doesn 't automatically disqualify you for an E-2 Treaty Investor Visa.
Why Davies & Associates Provides The Best E2 Visa Requirements Processing
There 's a lot to prepare, process and pay when you 're applying for an E-2 Treaty Investor Visa. Here at Davies & Associates, you don 't have to worry about anything as we make the process easier for you and help increase the chances of you getting approved.
Contact Davies & Associates Offices in United States
Check all of our locations around the world.
Los Angeles Office
601 South Figueroa Street Suite 4050 Los Angeles, CA 90017
Map and Driving Directions
155 N. Upper Wacker Dr. Suite 4250 Chicago, IL 60606
Map and Driving Directions
80 S.W. 8th St Suite 2000 Miami, FL 33130
Map and Driving Directions
1075 Peachtree Street NE Suite 3650 Atlanta, GA 30309
Map and Driving Directions
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.
Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
Outstanding Immigration Attorney: Highly Recommended! Rating: ⭐️⭐️⭐️⭐️⭐️ (5/5) I had the pleasure of working with Verdie Atienza and his team at Davies & Associates , a top-notch immigration attorney in the United States. Their professionalism, expertise, and dedication throughout the process were exceptional. With in-depth knowledge of immigration law, they provided accurate advice and addressed all my concerns, instilling confidence. Verdie Atienza and his team meticulously reviewed my documentation and maintained excellent communication, keeping me updated regularly. What sets Davies & Associates apart is their unparalleled attention to detail. Communication with Verdie Atienza and his team in USA and Sukanya Raman in India was always prompt and efficient. They promptly returned my calls and emails, providing regular updates on the progress of my case. This level of responsiveness and transparency significantly reduced my stress levels, as I knew I could rely on their support and guidance throughout the entire process. Their personalized approach, ethical conduct, and genuine care for my success made them an outstanding attorney. I highly recommend Davies & Associates for all your immigration needs.
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.
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.
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
Looking to relocate or having trouble with a visa applicaton?
We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for business, investors, individuals and families.Request Free Consultation