What Is an E-2 Investor Visa?

The United States offers a variety of visas for those looking to come to conduct business. One such visa is the E-2 Treaty Investor visa. While there are a set of extensive requirements to qualify for an E-2 visa, being granted E-2 status will allow a person to travel to the United States with a visa that will be valid for up to two years with an unlimited number of two-year extensions available. E-2 visa holders may also cover a person’s spouse and immediate family, even allowing for a spouse to apply for an Employment Authorization Document (EAD) granting him or her the right to work in the U.S.

What is an E-2 investor visa?

An E-2 investor visa is for citizens of foreign countries that the U.S. maintains treaties of commerce and navigation. The U.S. maintains such treaties with over 30 countries across the globe. The E-2 visa is intended to enable people who have substantial funds to invest to come to the U.S. in order to set up and to run their business.

While E-2 regulations fail to specify a minimum amount of investment that must be made to qualify for this visa, it is usually the case that investors have around $100,000 to $200,00 to invest. USCIS, however, has been known to consider applications for investment amounts as low as $50,000. The law makes it clear that the investment must be of a “substantial and sufficient amount” needed to ensure that the intended business enterprise is successful. Different business endeavors, however, have varied requirements as to how much of an investment will be needed to ensure success.

An E-2 visa applicant must be prepared to show that his or her sole purpose of coming to the U.S. is to run or develop a detailed enterprise. Many support this by showing a minimum of 50% stake in the business. In the alternative, an applicant may show that he or she has a significant managerial or leadership role in the business enterprise which grants him or her operational control.

Proving that an investment is being made requires that the E-2 applicant show a risk of loss of capital. It also requires that the funds to be invested have not been obtained through illegal means, even tangentially. The investment itself may either go towards starting a new company or supporting an existing company. The investment cannot, however, go towards the exclusive creation of a job for the investor visa applicant.

To apply for an E-2 visa, a person must complete Form DS-160 and create a Yatri account. The visa fee must be paid and an appointment with the Applicant Service Center (ASC) must be made. All requisite supporting documents must be submitted to the Consulate and then will be reviewed for completeness. If required, an interview at the consulate will be scheduled.

Immigration Law Attorneys

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com