Immigration Law

E2 or the Investor Visa

Serving San Antonio, Laredo, El Paso, Corpus Christi, Houston, Austin and McAllen, Texas

What is an E-2 Visa?

The E-2 “treaty investor” visa will permit certain individuals from “trade treaty countries” to conduct business in the United States on an ongoing basis.
 
Unlike the E1, treaty traders, treaty investors must purchase or make a substantial investment in a U.S. business. Nationals of non-treaty countries may not obtain an E-2 visa and must seek to enter the United States by other legal means. 

Aside from the fact that E-2 visa holders must make a “substantial investment” in a U.S. business that is majority-owned by his or her countrymen, the requirements for this type of entry document are similar to those for the E-1 visa. If you need help with the process of obtaining a visa call us, we can help. Call 1.800.862.1260

The E2 is the closest thing to a startup visa that exists; it’s meant for entrepreneurs setting up a new business in the US and investing a significant amount of money.
 
Please note that you have to be from one of the countries the US has a treaty with. Call our Office to schedule a free consultation.  Call 210.222.2288.

The amount of money you need to invest will vary according to the business.
 
The E-2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. 

The E2 Visa must generally be renewed every five years, but there is no limit to how many times one can renew. 

The investment must be "substantial". Investor visas are available only to treaty countries.

For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The investment will not be considered substantial if it is not large enough to capitalize the venture. 

The USCIS will use an ‘Inverted Sliding Scale’ to determine whether the investment is substantial in proportion to the overall cost of the enterprise.

Upon conclusion or closure of the business, investors must return to their countries of origin, or change their status. The holder of an E-2 visa may leave the United States at any time.

Dependents

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E-2 visas in order to accompany the principal alien. The duration of visa for a family member who is of a different nationality to the principal is determined by any reciprocal agreements between their country of nationality and the US. 

Required documentation

Each visa applicant must pay a nonrefundable $270 nonimmigrant visa application processing fee[4] and a visa issuance reciprocity fee for certain countries.[5] The required documents are:[6]
  • Online Nonimmigrant Visa Electronic Application, Form DS-160. The State Department has a DS-160 webpage that details the DS-160 online process.[7]
  • Nonimmigrant Treaty Trader/Treaty Investor Application DS-156E,[8] completed and signed, for executives/managers/essential employees.
  • A passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States. If more than one person is included in the passport, each person must complete a Form DS-160 application.
  • One 2 by 2 inch photograph.
  • All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a form DS-157 in addition to the Nonimmigrant Visa Application (DS-156E 
  • As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants.
Benefits/Uses

E-2 visa holders enjoy substantial benefits. There are no limitations on the industries in which an E-2 visa holder may work. Likewise, there are no pre-existing educational or family-relations requirements for this credential. Although the E-2 visa expires after five years, it may be renewed indefinitely until the conclusion of the investor’s business activities. 

In addition, there are no numerical quotas or waiting lists for E-2 visas. They may be processed in just 15 calendar days. Call 1.800.862.1260

Requirements/Qualifications

The most important difference between E-1 and E-2 visas is the fact that E-2 visa holders must make a sizable investment in a U.S. concern in order to qualify for their entry credentials. Although the size of such an investment is not codified and may vary from case to case, it is unlikely that a treaty investor will be allowed to enter the United States without first investing at least $50,000 in a qualifying company. In some cases, the investment threshold may be as high as $200,000. In addition to the initial investment, a treaty investor must also furnish proof that his or her investment is adequate to fund the company’s operations for a fixed period of time and will require the creation of new jobs for American citizens or permanent residents. To find out if you qualify for an E-2 visa, Call us at 1.800.862.1260.


How to apply

We can help treaty investors obtain their visas from inside as well as outside the United States.

To learn more about obtaining an E-2 visa and pursuing investment opportunities in this country, call our Officeю  The Call is free.  The consultation is free.   Call Toll Free 1.800.862.1260 or 210.222.2288.
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