1. What is the E2 Visa?
The E2 Visa, also known as the Investor Visa, is a U.S. non-immigrant visa for nationals of certain countries who wish to invest in and actively manage a business in the United States. The E2 Visa is ideal for entrepreneurs, investors, and business owners who plan to invest a substantial amount of capital in a new or existing business. It allows the visa holder to live and work in the U.S. while managing their investment.
2. Who is Eligible for the E2 Visa?
To qualify for an E2 Visa, applicants must meet the following requirements:
- Nationality: Must be a citizen of a country with an E2 treaty agreement with the United States. Many countries have this agreement, including Canada, the United Kingdom, Japan, and many European and South American countries.
- Substantial Investment: Must invest a substantial amount in a bona fide U.S. business. The amount varies depending on the business type, but it must be sufficient to ensure the successful operation of the enterprise.
- Active Role in the Business: The investor must actively develop and direct the business; passive investments do not qualify.
- Job Creation or Economic Impact: The business should generate jobs for U.S. citizens or have a positive economic impact.
This visa is suitable for those who wish to manage or establish a business in the U.S. and provides flexibility regarding investment types and business industries.
3. Benefits of the E2 Visa
The E2 Visa provides numerous advantages for investors:
- Renewable Visa: The E2 Visa can be renewed indefinitely, as long as the business remains operational and meets E2 requirements.
- Family Inclusion: E2 Visa holders can bring their spouse and unmarried children under 21. Spouses can apply for work authorization, and children can attend school.
- No Fixed Investment Amount: While the investment must be substantial, there is no minimum amount specified, offering flexibility depending on the business.
- Work in Your Own Business: The visa allows investors to manage and grow their business in the U.S., offering hands-on control over business operations.
4. Required Documents for the E2 Visa Application
To apply for the E2 Visa, you will need the following documents:
- Completed Visa Application (DS-160): Complete the Nonimmigrant Visa Application online.
- Form DS-156E (Nonimmigrant Treaty Trader/Investor Application): Required for E2 Visa applicants, which outlines details of the investment.
- Passport: A valid passport for the duration of your intended stay.
- Investment Evidence: Proof of investment funds, including bank statements, contracts, and purchase agreements.
- Business Plan: A comprehensive business plan demonstrating how the investment will create jobs and have a positive economic impact.
- Proof of Nationality: Evidence of citizenship from a treaty country.
- Proof of Control and Ownership: Documents proving at least 50% ownership of the U.S. business and control over its operations.
Submitting well-prepared documents will improve the chances of a smooth application process.
5. How to Apply for the E2 Visa
Step 1: Make a Substantial Investment in a U.S. Business
Ensure you invest a substantial amount in a new or existing U.S. business. The investment should cover essential expenses to start or acquire the business, such as equipment, rental agreements, or operating costs.
Step 2: Compile Required Documentation
Gather all relevant documents, including proof of investment, a detailed business plan, and documents showing ownership and control of the business.
Step 3: Complete Form DS-160 and DS-156E
Submit Form DS-160, the standard Nonimmigrant Visa Application form, and Form DS-156E for E2 investors. Save the DS-160 confirmation page for your interview.
Step 4: Pay the Application Fee
The application fee for the E2 Visa is $205. Some applicants may also need to pay a reciprocity fee based on their country’s agreements with the U.S.
Step 5: Schedule an Interview at the U.S. Consulate
Arrange an interview at the U.S. Embassy or Consulate in your home country. During the interview, you’ll present your business plan and evidence of investment.
Step 6: Attend the Interview
Attend the interview with all required documents. Be prepared to answer questions about your business plans, investment, and qualifications to manage the enterprise in the U.S.
6. E2 Visa Duration and Renewals
The initial duration of an E2 Visa varies by country, but it is typically issued for 2 to 5 years. The visa can be renewed indefinitely as long as the business remains operational and the investor continues to meet E2 Visa requirements. Most E2 Visa holders are granted 2-year stays each time they enter the U.S.
7. Bringing Family Members on the E2 Visa
E2 Visa holders can bring their spouse and unmarried children under 21 to the U.S. on E2 dependent visas. Spouses of E2 Visa holders are eligible to apply for work authorization, which allows them to work in any field in the U.S. Children can attend school but are not eligible to work.
8. Pathways to Permanent Residency for E2 Visa Holders
While the E2 Visa is a non-immigrant visa and does not directly lead to permanent residency, E2 Visa holders can explore pathways such as:
- EB-5 Immigrant Investor Program: E2 holders may choose to invest in an EB-5-qualifying enterprise, which leads to a Green Card through a minimum investment of $1.05 million (or $800,000 in targeted areas).
- Change of Status to Another Visa: Some E2 holders later switch to visas such as the H-1B or O-1, which may lead to residency options.
- Adjustment of Status through Family or Employer Sponsorship: If eligible, E2 holders may be able to adjust status through family or employment-based sponsorship.
9. Frequently Asked Questions (FAQs)
Q1: What qualifies as a “substantial investment” for the E2 Visa?
A: While there is no fixed amount, a substantial investment typically means enough funds to operate the business. This varies by industry but is usually between $100,000 to $200,000.
Q2: Can I apply for an E2 Visa without an existing business?
A: Yes, you can apply if you are in the process of purchasing or starting a business and have invested funds committed to the venture.
Q3: Can I switch from an E2 Visa to a Green Card?
A: The E2 Visa itself does not lead to a Green Card, but E2 holders may explore options such as the EB-5 program, family sponsorship, or employment-based visas.
Q4: Do E2 Visa holders pay U.S. taxes?
A: Yes, E2 Visa holders are considered U.S. residents for tax purposes if they meet the substantial presence test. Consulting a tax professional familiar with U.S. tax laws is recommended.
Q5: Is the E2 Visa available to citizens of all countries?
A: No, the E2 Visa is only available to citizens of countries that have an E2 treaty with the United States.