How Can I Get an E-2 Investment Visa?
An E-2 Treaty Investor Visa is a nonimmigrant visa available to foreign workers or foreign investors who are citizens or nationals of a country that has a treaty of friendship, commerce or navigation with the United States. In this article, the immigration lawyers at Flores, PLLC will discuss how to approach the matter of acquiring an E-2 investment visa.
How do I qualify for an E-2 investment visa?
To qualify for an E-2 visa as a treaty investor organization, an entity or individual must meet the following criteria:
- Nationality – The entity or individual must be a citizen of a treaty country that is authorized to engage in the E-2 visa classification under the treaty. A list of treaty countries can be found on the U.S. Department of State’s website.
- Substantial investment – You must have already invested or be actively investing substantial funds in a U.S. business and the funds should be sufficient to ensure that the business will be successful.
- Develop and direct – You must be developing and directing an investment enterprise, demonstrating at least 50% ownership or operational control of the business.
- Bona fide enterprise – The business you are investing in must be “real”, “active”, and “operating”.
- Non-marginal – The investment must not be marginal. In other words, it must have the capacity to generate more than enough income to accommodate you and your family.
- Intention to leave – You must intend to leave the U.S. when your E-2 status expires.
To qualify for an E-2 visa as an employee of a treaty investor, the foreign worker must meet the following criteria:
- Nationality – The foreign worker must be a citizen or national of a treaty country and have the same nationality of the petitioning organization.
- Education – The foreign employee must hold an executive or supervisory position for the treaty investor or have special qualifications that make the foreign employee’s services essential to the efficient operation of the business in the United States
Application pathways for E-2 investors
There are two ways to apply for an E-2 visa. These include:
- From outside the U.S. (consular processing) – This process involves an application presented at an embassy or consulate of the United States in the foreign country. You will also need to schedule and attend a visa interview. If you are approved, your passport will be stamped with the E-2 visa. Applying through consular processing is typically the default option. USCIS petitions will be allowed if the visa holder is under the circumstances discussed below. For Mexican citizens, there are specific consulates that will process E-2 visas.
- From inside the U.S. (USCIS Petition) – Employers may file a petition with USCIS as long as the foreign worker is physically and lawfully present in the United States and is requesting: a change of status from a different type of visa to an E-2 visa, or an extension or an amendment to an existing E-2 visa.
Important things to consider before you apply
- How much must I invest? – While there is no “mandatory minimum” when it comes to investing in a U.S. business, the investment amount must be “substantial.” You should consult with an attorney about meeting E-2 requirements.
- Source of funds – You are required to provide documentation showing your investment funds were legally obtained.
- Business plan – In some instances, especially of the business is newly created, you may need a well-written business plan to demonstrate the viability of your business and its potential for growth.
- Family members – Your spouse and unmarried children (under 21) may be eligible for derivative E-2 visas.
- Renewal of E-2 visas – E-2 visas can be renewed indefinitely every two years if the business remains operational.
- Consulting with an attorney – It is very important to contact an experienced immigration attorney who can help you navigate the complex application process.
Talk to a Texas E-2 Visa Attorney Today
Flores, PLLC, represents the interests of immigrants who are looking to enter the U.S. on an E-2 investment visa. Call our Austin immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
