A Guide to the E-2 Visa

Whether you’re a foreign investor considering opportunities in the U.S. market or a business owner seeking to bring key personnel to your American operations, understanding the nuances of the E-2 visa is essential for achieving your immigration goals.

At The Scheer Immigration Law Group, we’re committed to empowering our clients with the knowledge and resources they need to make informed decisions and overcome any obstacles they may encounter along the way.

So, whether you’re dreaming of launching a startup in Silicon Valley, expanding your franchise empire across the nation, or simply exploring new business opportunities in the land of opportunity, here’s a primer before your E-2 visa journey. 

What is an E-2 Visa?

The E-2 visa is a nonimmigrant visa category that allows individuals from certain treaty countries to enter and work in the United States based on a substantial investment in a U.S. enterprise. It falls under the broader category of investor visas and is governed by Section 101(a)(15)(E) of the Immigration and Nationality Act (INA). The E-2 visa is designed to promote economic growth and facilitate international trade by encouraging foreign investment in the U.S. economy.

Purpose of an E-2 Visa

The primary purpose of the E-2 visa is to enable foreign nationals who have made a significant investment in a U.S. enterprise to enter the country for the purpose of directing and developing their investment. Unlike some other visa categories, the E-2 visa does not require the investor to have a specific skillset or educational background. Instead, it focuses on the individual’s ability to contribute to the U.S. economy through entrepreneurship, job creation, and business development.

Key Objectives of the E-2 Visa

The E-2 visa plays a crucial role in the United States’ immigration policy, with several key objectives that promote economic and cultural growth. Primarily, it facilitates investment by providing a streamlined pathway for foreign investors to establish or acquire businesses in the U.S. This not only encourages economic growth but also stimulates job creation and fosters innovation across various industries.

Additionally, the E-2 visa supports entrepreneurship by recognizing the essential role entrepreneurs play in driving economic prosperity and innovation. It allows ambitious individuals with entrepreneurial vision to pursue their business ventures in the dynamic U.S. market.

Furthermore, the E-2 visa enhances international trade by fostering closer economic ties between the United States and treaty countries. This visa promotes collaboration, facilitates the transfer of capital, technology, and expertise, and benefits both U.S. and foreign businesses.

The visa also promotes cultural exchange, offering individuals from treaty countries the chance to experience American culture, business practices, and way of life firsthand. This exchange enriches the diversity and vitality of communities across the United States.

The E-2 visa is a cornerstone of U.S. immigration policy, promoting economic prosperity, entrepreneurship, and international cooperation. By understanding its purpose and requirements, investors and entrepreneurs can leverage this valuable opportunity to achieve their business goals in the United States.

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E-2 Visa Eligibility

Treaty Country Citizenship

To be eligible for an E-2 visa, you must be a citizen or national of a country that maintains a treaty of commerce and navigation with the United States. The list of eligible treaty countries includes a diverse range of nations from around the world. It’s important to note that not all countries have E-2 treaty arrangements with the United States, so you’ll need to check if your country qualifies.

Substantial Investment

One of the central requirements for an E-2 visa is making a substantial investment in a bona fide U.S. enterprise. While there is no fixed dollar amount that constitutes a “substantial” investment, it must be sufficient to ensure the success and viability of the business. Factors such as the total cost of establishing or acquiring the enterprise, the proportionality of the investment to the overall value of the business, and the potential for job creation and economic impact are taken into consideration.

Investment in a Real and Active Business

The investment must be made in a real and active U.S. business, meaning that it must be a legitimate enterprise engaged in lawful, for-profit activities. Passive investments, such as purchasing undeveloped land or residential properties for personal use, do not qualify for the E-2 visa. Additionally, the investment must be at risk, meaning that there is a genuine chance of financial loss if the business does not succeed.

Ownership and Control

To qualify for an E-2 visa, you must demonstrate that you have a controlling interest in the enterprise or possess the ability to develop and direct its operations. This typically involves owning at least 50% of the business or possessing operational control through a managerial or executive role. Your investment should also be irrevocably committed to the business, and you must have the authority to make decisions regarding its management and direction.

Intent to Depart

E-2 visa holders are required to maintain a residence abroad that they have no intention of abandoning. You must demonstrate that your primary purpose in entering the United States is to develop and direct your investment enterprise, and that you intend to depart the country upon the expiration or termination of your visa status. Evidence of ties to your home country, such as family, property, or employment, may be required to establish your intent to depart.

No Marginal Enterprises

Finally, the enterprise in which you invest must not be considered marginal, meaning that it must have the capacity to generate more than enough income to provide a minimal living for you and your family. Marginal enterprises that primarily serve the needs of the investor and do not contribute significantly to the U.S. economy are not eligible for the E-2 visa.

By understanding these criteria and working closely with experienced immigration counsel, you can navigate the application process with confidence and pursue your business goals in the United States.

The E-2 Visa Application Process

Determine Eligibility

Before applying for an E-2 visa, it’s essential to ensure that you meet all the eligibility requirements outlined by U.S. immigration law. This includes being a citizen or national of a treaty country, making a substantial investment in a U.S. enterprise, demonstrating ownership or control of the business, and maintaining the intent to depart the United States upon the expiration of your visa status.

Prepare Documentation

Gathering the necessary documentation is a critical step in the E-2 visa application process. This may include:

– A completed Form DS-160, Nonimmigrant Visa Application.

– A valid passport from your treaty country.

– Evidence of your substantial investment in a U.S. enterprise, such as financial records, business plans, and contracts.

– Documentation demonstrating your ownership or control of the enterprise, such as articles of incorporation, partnership agreements, or stock certificates.

– Proof of your intent to depart the United States, such as ties to your home country, including family, property, or employment.

Submit Application

Once you’ve assembled all the required documentation, you can begin the application process by submitting Form DS-160 online through the U.S. Department of State’s Consular Electronic Application Center (CEAC). Be sure to complete the form accurately and truthfully, providing detailed information about your investment enterprise and your intended activities in the United States.

Schedule Visa Interview

After submitting your DS-160 form, you’ll need to schedule a visa interview at the U.S. embassy or consulate in your home country. Visa interview wait times vary depending on location and demand, so it’s advisable to schedule your appointment well in advance. During the interview, a consular officer will assess your eligibility for the E-2 visa and ask questions about your investment enterprise and intentions in the United States.

Attend Visa Interview

On the day of your visa interview, be sure to arrive at the embassy or consulate on time and prepared with all required documentation. Dress professionally and be prepared to answer questions about your investment enterprise, your qualifications, and your plans for conducting business in the United States. The consular officer will evaluate your application and determine whether you meet the requirements for the E-2 visa.

Await Visa Decision

After your visa interview, you will receive a decision on your application. If approved, you will be issued an E-2 visa, allowing you to enter the United States for the purpose of developing and directing your investment enterprise. If denied, you may have the option to appeal the decision or reapply at a later date, depending on the reasons for the denial.

Enter the United States

Once you’ve been issued an E-2 visa, you can make plans to travel to the United States and begin working on your investment enterprise. Upon arrival, you’ll be admitted into the country by U.S. Customs and Border Protection (CBP) officers, who will verify your visa and immigration status. It’s important to comply with all visa conditions and immigration regulations during your stay in the United States.

Helping You Achieve Your American Dream

At The Scheer Immigration Law Group, we’re committed to providing you with the support and guidance you need to navigate the immigration process with confidence. If you’re currently going through the immigration system and need legal representation, don’t hesitate to contact us today. 

Our dedicated team is here to advocate for your rights, protect your interests, and help you achieve your immigration goals. With our knowledge, experience, and personalized approach, you can trust The Scheer Immigration Law Group to guide you through the complexities of the immigration process and pave the way for your success in the United States.

Take the first step towards realizing your American dream and contact The Scheer Immigration Law Group today. We look forward to assisting you on your immigration journey and helping you turn your aspirations into reality.