E-2 Visas (Treaty Investor)

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Investor Visa Lawyers

The E-2 nonimmigrant visa allows foreign investors and entrepreneurs from treaty countries to enter the U.S. when they invest a substantial amount of capital into a U.S. business. There are several E-2 visa eligibility requirements pertaining to the investor, the enterprise, and the investment itself. Our Los Angeles-based visa lawyers can help guide you through each step of the process of obtaining an E-2 Investor Visa. First, we’ll take the time to discuss your business objectives and needs in order to gain a full understanding of your immigration goals.

What are the eligibility requirements for an E-2 Investor Visa?

To be eligible for E-2 classification, investors and entrepreneurs must:

  1. Be a national of a treaty country;
  2. Have invested or is investing a substantial amount of capital into a bona fide U.S. business. There is no minimum investment required for an E-2 visa.
  3. Enter the U.S. for the sole purpose of developing and directing the business, as demonstrated through at least 50% of ownership in the business or operational control through a management position or similar corporate position.

A list of all 80 current treaty countries can be found at: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html. If you are the employee of a treaty investor, you may qualify for an E-2 visa if you are of the same nationality as the principal employer, meet the definition of “employee,” and will have an executive, supervisory, or otherwise essential role with the enterprise.

How to apply for an E-2 Visa

Foreign investors and entrepreneurs who are outside the United States should apply for an E-2 visa at the U.S. Embassy or Consulate in your country. Apply online using Form DS-160, Online Nonimmigrant Visa Application, along with supporting documents, and pay the fee. If you are an executive, manager, or another essential employee of the treaty investor, you or your employer must also complete Form DS-156E, Nonimmigrant Treaty Trader/ Investor Application.

Most applicants will be required to schedule an interview with the Consulate or Embassy. Wait times for appointments vary by location and, due to the global pandemic, many locations are currently offering appointments on an emergency basis only. If you must travel for an urgent business reason, you may be able to qualify for an expedited interview date.

If you are already in the United States under a different nonimmigrant status, you may file Form I-129, Petition for a Nonimmigrant Worker to request a change of status to E-2 classification. If you are a treaty investor’s employee, Form I-129 must be completed on your behalf by your qualifying employer. Our highly experienced investor visa lawyers can assist you in each step of the E-2 visa application process.

Period of Stay and Conditions

The initial period of stay for an E-2 nonimmigrant is, at maximum, two years. The period of stay may be extended in two-year increments without a limit to the number of extensions. Generally, if an E-2 investor or entrepreneur travels abroad and reenters the U.S., they will be granted an automatic two-year period of readmission. The investor must, however, maintain the intention to leave the U.S. when their status expires or terminates.

An E-2 investor can only work in the activity that he or she was approved to do by USCIS. Additionally, any substantive changes to the terms or conditions of E-2 status must be approved by USCIS.

Family Members

Spouses and unmarried children under the age of 21 may seek E-2 dependent classification. Spouses of E-2 treaty investors can apply for work authorization, without restriction to where they can work. Typically, the period of stay for family members is the same as the E-2 investor. Unless accompanied by the E-2 visitor at the time of readmission, E-2 dependents will not automatically receive a two-year period of readmission.

Speak with an E-2 Investor Visa Lawyer at Bolour / Carl Immigration Group

If you are a foreign investor or entrepreneur seeking an E-2 investment visa, please do not hesitate in contacting our Los Angeles-based investor visa lawyers. Call us at (323) 857-0034 today. We also speak Spanish and Persian for your convenience.

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