E-2 Treaty Investor Work Visa: Everything You Need to Know

Are you an entrepreneur or investor interested in business in the United States? The E-2 Treaty Investor Work Visa may be just what you need. This visa allows individuals from certain countries to work in the US while investing in a US-based business. This article will explain everything you need to know about the E-2 Treaty Investor Work Visa, including its requirements, benefits, and limitations.

What is an E-2 visa, and who can apply for it?

An E-2 visa is a nonimmigrant visa reserved for foreign nationals who have made a substantial investment in a U.S. business and intend to direct and develop that business. An E-2 visa is also known as a Treaty Investor Work Visa because it is based on a treaty of commerce and navigation between the U.S. and the investor’s country. Only citizens of treaty countries can apply for an E-2 visa. You can find the list of treaty countries on the U.S. Department of State website.

An E-2 visa is not only for the principal investor but also for their qualified employees, who are essential for the operation of the business. The employees must also be citizens of the same treaty country as the investor and have the same nationality as the employer. The employees must either have executive or supervisory duties or have special skills or qualifications that are not readily available in the U.S. labor market.

What Benefits and disadvantages come with an E-2 visa?

Benefits of an E-2 Visa for Foreign Investors

An E-2 visa is a popular option for foreign investors who wish to invest in and operate a business in the United States. This visa offers several benefits, including:

1. Ability to Live and Work in the U.S.: An E-2 visa allows foreign investors to live and work in the U.S. for the duration of their investment enterprise as long as it remains active and profitable.
2. No Cap or Quota: Unlike many other visas, there is no limit on the number of E-2 visas issued yearly. This makes it easier for foreign investors to obtain visa and start businesses in the U.S.
3. No Minimum Investment Amount: There is no minimum investment amount required to qualify for an E-2 visa. The investment must be substantial and proportional to the value and nature of the business, but no set amount must be invested.
4. Travel Flexibility: With an E-2 visa, investors can travel freely in and out of the U.S. while on a valid visa. Additionally, they can stay in the country for an extended period with unlimited two-year extensions as long as they maintain valid E-2 status.
5. Dependents Can Come Along: An E-2 visa allows foreign investors to bring their spouse and unmarried children under 21 to the U.S. as dependents. Spouses can also apply for work authorization, and children can attend school in the U.S.
6. Possibility to Change Visa Category or Apply for Green Card: If eligible, an E-2 visa holder can apply for a change of status or an adjustment of status to another visa category or a green card.

Limitations of an E-2 Visa

While an E-2 visa offers many benefits, there are also limitations to consider before applying. Some of these limitations include:

1. Not a Dual Intent Visa: An E-2 visa is not a dual intent visa, which means that the investor must demonstrate an intention to depart the U.S. when their E-2 status expires or terminates. Applying for a green card while on an E-2 visa can complicate matters since it can be challenging to prove nonimmigrant intent.
2. Treaty Dependent: An E-2 visa is tied to the treaty between the U.S. and the investor’s country of citizenship. If the treaty is terminated or suspended, the E-2 visa may also be affected.
3. Business Dependent: The E-2 visa is tied to the specific investment enterprise established or acquired in the U.S. If the business is sold, closed, or becomes marginal, the E-2 visa may also be revoked or denied.
4. No Special Tax Benefits or Exemptions: E-2 visa holders are not granted any special tax benefits or exemptions. Depending on their tax status, they are subject to the same federal, state, and local taxes as any other U.S. resident or nonresident.

Considering the Benefits and Limitations of an E-2 Visa

Overall, an E-2 visa is an excellent option for foreign investors who want to start a business in the U.S. It offers many benefits, including the ability to live and work in the U.S., flexibility in travel, and the possibility to bring dependents along. However, investors should also consider the limitations, such as the treaty and business dependencies, and the lack of special tax benefits or exemptions. By understanding these benefits and limitations, investors can make an informed decision about whether an E-2 visa is the right option for them.

What are the main requirements for an E-2 visa?

To qualify for an E-2 visa, you must meet the following main requirements:

• You must be a citizen of a treaty country with a treaty of commerce and navigation with the U.S. You must also hold a valid passport from that country.
• You must have invested or be in the process of investing a substantial amount of capital in a U.S. business. The investment must be your funds or assets and at risk of loss if the business fails. The investment must also be proportional to the value and nature of the business and must be sufficient to ensure the successful operation of the business.
• You must seek to enter the U.S. solely to develop and direct the investment enterprise. You must demonstrate that you have at least 50% ownership of the business or operational control of the business through a managerial or executive position.
• You must prove that the investment enterprise is active and bona fide. It is a real and operating commercial or entrepreneurial venture that produces goods or services for profit. The business must also have a significant economic impact or create jobs in the U.S.
• You must show that you intend to depart the U.S. when your E-2 status expires or terminates unless you apply for and obtain a change of status or an adjustment. You must not have any other purpose or intent to remain in the U.S. beyond your authorized E-2 stay.

How to Apply for an E-2 Treaty Investor Work Visa

To apply for an E-2 Treaty Investor Work Visa, follow these steps:

1. File Form DS-160

The first step is to file Form DS-160, the nonimmigrant visa application form. You can find this form on the US Department of State website.

2. Schedule an Interview

Once you have filed Form DS-160, you will need to schedule an interview at a US embassy or consulate in your home country.

3. Pay the Application Fee

You will need to pay the nonimmigrant visa application fee before your interview. The fee is non-refundable and must be paid in advance.

4. Gather Supporting Documents

You will need to gather supporting documents to bring to your interview. These may include:

• Evidence of your investment in a US-based business
• Evidence of your nationality
• Evidence of your intent to depart the US
• Evidence of your nonimmigrant intent

5. Attend the Interview

You will be asked questions about your business, investment, and intent to depart the US during the interview. Be prepared to answer these questions in detail and provide supporting documents as necessary.

E-1 & E-2 Treaty Countries

E-1 and E-2 are nonimmigrant visa categories that allow foreign nationals to enter the United States to engage in trade or investment activities. The main difference between the two visa categories is the type of business activity they permit.
The E-1 visa is for individuals coming to the United States to engage in substantial trade between their home country and the United States. This can include the trade of goods, services, or technology.

The E-2 visa allows individuals coming to the United States to invest substantially in a U.S. business. The investment must be substantial in relation to the total cost of the business and must be made to develop and direct the business. The E-1 and E-2 visa categories are only available to individuals from countries with a treaty of commerce and navigation with the United States. These countries are known as E-1 and E-2 treaty countries. The full list of E-1 and E-2 treaty countries can be found on the U.S. Department of State website.

How to Renew Your E-2 Treaty Investor Work Visa

To renew your E-2 Treaty Investor Work Visa, you will need to:

• Continue to meet the eligibility requirements for the E-2 visa
• Submit a new Form DS-160
• Schedule a new interview at a US embassy or consulate
• Provide updated supporting documents

E-2 Visa Application Process

If you meet the eligibility criteria for an E-2 visa, you can apply for it by following these steps:

1. Filing Form DS-160 online

Form DS-160 is the online nonimmigrant visa application you must complete and submit on the U.S. Department of State website. You must provide accurate and truthful information about yourself, travel plans, investment enterprise, and E-2 visa eligibility. You must also upload a digital photo of yourself that meets the photo requirements.

2. Paying the visa fee

After submitting Form DS-160, you must pay the nonrefundable visa application fee of $205 as of January 2022. You can pay the fee online or at a designated bank, depending on your country of application. You must keep the receipt of your payment, as you will need it to schedule your interview.

3. Scheduling an interview

After paying the visa fee, you must schedule an interview at the U.S. embassy or consulate with jurisdiction over your residence. There are two options to schedule your interview: online or by phone, depending on the application requirements in your country. To avoid longer wait times, booking your interview as early as possible is crucial. Remember that wait times can vary based on the demand and location, so plan accordingly.

4. Preparing the required documents

You must gather and prepare the following documents for your E-2 visa application:

• A valid passport with at least six months of validity beyond your intended stay in the U.S.
• A printed confirmation page of your Form DS-160 submission.
• A printed confirmation page of your visa fee payment.
• A printed confirmation page of your interview appointment.
• A Form DS-156E, Nonimmigrant Treaty Trader/Investor Application, completed and signed by you or your employer.
• A cover letter that summarizes your E-2 visa eligibility and explains the purpose and nature of your investment enterprise in the U.S.
• Evidence of your citizenship of a treaty country, such as a birth certificate, a naturalization certificate, or a dual nationality certificate.
• Evidence of your investment or your intent to invest substantial capital in a U.S. business, such as bank statements, wire transfers, property deeds, contracts, receipts, invoices, business plans, financial statements, tax returns, etc.
• Evidence of your ownership or operational control of the investment enterprise includes articles of incorporation, bylaws, stock certificates, partnership agreements, franchise agreements, etc.
• Evidence of the investment enterprise’s active and bona fide nature, such as business licenses, permits, leases, contracts, invoices, receipts, payroll records, employee lists, etc.
• Evidence of the investment enterprise’s economic impact or job creation, such as projections, forecasts, market analyses, etc.
• Evidence of your intent to depart the U.S. when your E-2 status expires or terminates, such as a round-trip ticket, a letter from your employer, or a statement of your future plans.
• A photograph that meets the photo requirements if you did not upload one with your Form DS-160.
• Any other documents that support your E-2 visa eligibility or that the U.S. embassy or consulate may request.

5. Attending the interview

To attend your interview at the U.S. embassy or consulate, you must appear in person on the designated date and time. Along with you, it is essential to bring all the necessary documents and any additional documents that the consular officer may require. In addition to that, you should be ready to answer queries related to your eligibility for the E-2 visa, investment enterprise, and travel itinerary. The consular officer will review your application and documents and determine whether you qualify for an E-2 visa. If approved, you will be informed when and how to collect your passport with the visa stamp. If you are denied, you will be given a reason for the denial and a letter explaining your options to reapply or appeal.

E-2 Visa Processing Time

The processing time for an E-2 visa may vary depending on the location of the U.S. embassy or consulate, the volume of applications, the complexity of your case, and the availability of the consular officer. Generally, the processing time ranges from a few days to a few weeks, but it may take longer sometimes. You can check the current wait times for your location on the U.S. Department of State website. You can also track the status of your visa application online or by phone, depending on your country of application.

E-2 Visa Extension

Suppose you are already in the U.S. on an E-2 visa and wish to extend your stay. In that case, you can apply for an E-2 visa extension by filing Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). You must file the form before your current E-2 status expires, and you must include the following documents:

• A copy of your Form I-94, Arrival/Departure Record, showing your current E-2 status and expiration date.
• A copy of your passport with the E-2 visa and admission stamp.
• A copy of your Form DS-156E, Nonimmigrant Treaty Trader/Investor Application, or a letter from your employer confirming your continued employment and E-2 eligibility.
• Evidence of your continued investment or your intent to continue investing in the U.S. business, such as bank statements, financial statements, tax returns, etc.
• Evidence of the investment enterprise’s continued active and bona fide nature, such as business licenses, permits, leases, contracts, invoices, receipts, payroll records, employee lists, etc.
• Evidence of the investment enterprise’s continued economic impact or job creation, such as projections, forecasts, market analyses, etc.
• Evidence of your intent to depart the U.S. when your E-2 status expires or terminates unless you apply for and obtain a change of status or an adjustment of status.
• A filing fee of $460 as of January 2022.

The USCIS will review your application and documents and notify you of their decision by mail. If your application is approved, you will receive a Form I-797, Notice of Action, that will indicate the new expiration date of your E-2 status. If your application is denied, you will receive a letter explaining the reason for the denial and your options to appeal or reapply.

E-2 Visa Renewal

Suppose you are outside the U.S. and your E-2 visa has expired or is about to expire, and you wish to reenter the U.S. on the same E-2 status. In that case, you can apply for an E-2 visa renewal at the U.S. embassy or consulate that issued your original visa. You must follow the steps as the initial E-2 visa application, except that you do not need to submit a new Form DS-160 or pay the visa fee again.

You must also prove that your E-2 eligibility and investment enterprise have not changed significantly since your last visa issuance. The processing time and the interview requirements for an E-2 visa renewal may vary depending on the location of the U.S. embassy or consulate and the consular officer’s discretion.

E-2 Visa to Green Card

An E-2 visa does not directly lead to a green card, as it is not a dual intent visa. However, there are ways to obtain a green card from an E-2 visa if you meet the eligibility criteria and follow the proper procedures. Here are some of the possible ways:

1. EB-5 Visa

The EB-5 visa is an immigrant investor visa requiring you to invest at least $900,000 or $1.8 million in a U.S. business, creating at least 10 full-time jobs for U.S. workers. To be eligible for this visa, you must prove that your investment funds are from a lawful source and that you have maintained your E-2 status in the U.S.

2. EB-1C Visa

The EB-1C visa is an immigrant visa for multinational executives or managers who have been employed by the same company or its affiliate or subsidiary for at least one year in the past three years, and who are seeking to continue working for the same company or its affiliate or subsidiary in the U.S. To be eligible for this visa, you must prove that you have managerial or executive authority over the investment enterprise and have maintained your E-2 status in the U.S.

3. EB-2 Visa

The EB-2 visa is an immigrant visa for professionals with advanced degrees or exceptional ability in the sciences, arts, or business, with a job offer from a U.S. employer and a labor certification from the U.S. Department of Labor. To be eligible for this visa, you must prove that you have a relevant degree or ability to the investment enterprise and that you have maintained your E-2 status while in the U.S.

4. EB-3 Visa

The EB-3 visa is an immigrant visa for skilled workers, professionals, or other workers with a job offer from a U.S. employer and a labor certification from the U.S. Department of Labor. To be eligible for this visa, you must prove that you have the skills, education, or experience required for the investment enterprise and have maintained your E-2 status in the U.S.

5. Family-Based Petition

You can also apply for a family-based petition, an immigrant petition for immediate relatives or preference relatives of U.S. citizens or green card holders. To be eligible for this petition, you must prove that you have a genuine and bona fide relationship with your U.S. relative and have maintained your E-2 status while in the U.S.

By following the eligibility criteria and proper procedures for these visas and petitions, you may be able to obtain a green card from an E-2 visa.

What are some common mistakes and pitfalls to avoid when applying for an E-2 visa?

Some of the common mistakes and pitfalls to avoid when applying for an E-2 visa are:

• • Applying for an E-2 visa without meeting the eligibility and procedural requirements or obtaining proper legal advice or assistance.
  • Investing in a business that is not active and bona fide, marginal or speculative, or does not have an economic impact or create jobs in the U.S.
  • Investing in a business that you do not own or control or do not have a significant role or influence in the management and direction of.
  • Investing in a business unrelated to the treaty trade or commerce between the U.S. and your country of citizenship or that does not qualify as a treaty enterprise.
  • Investing in a business that violates U.S. laws or regulations or involves illegal or unethical activities or practices.
  • Investing funds that are not from a lawful source, at risk of loss, or not irrevocably committed to the investment enterprise.
  • Failing to provide sufficient and credible evidence and documents that prove your E-2 eligibility and investment enterprise or providing false or misleading information or documents.
  • Failing to prepare for the visa interview, giving inconsistent or incomplete answers, or showing a lack of confidence or knowledge about your investment enterprise or your intention to depart the U.S.
  • Failing to follow the instructions and guidelines of the U.S. embassy or consulate, paying the wrong fees, submitting the wrong forms or documents, or missing the deadlines or appointments.

What are some tips and best practices for applying for an E-2 visa?

Some of the tips and best practices for applying for an E-2 visa are:

• • Consult an experienced immigration attorney or a reputable visa service provider, who can advise you on the eligibility and procedural requirements and help you prepare and submit your application and documents.
  • Conduct thorough research and analysis of the U.S. market and industry, and develop a realistic and feasible business plan showing your investment enterprise’s viability and potential.
  • Choose a business that matches your skills, experience, and interests and that you can manage and direct effectively and efficiently.
  • Invest in a business that has a clear and positive impact on the U.S. economy or society and creates or preserves jobs for U.S. workers.
  • Gather and organize all the relevant supporting evidence and documents that prove your E-2 eligibility and investment enterprise, and ensure they are authentic, accurate, and up-to-date.
  • Prepare for the visa interview at the U.S. embassy or consulate. Be ready to answer questions about your personal and professional background, investment enterprise, and intention to depart the U.S. at the end of your authorized stay.
  • Follow the instructions and guidelines of the U.S. embassy or consulate, pay the required fees and submit the required forms and documents promptly and orderly.
  • Monitor the status of your visa application, and respond to any requests or inquiries from the U.S. embassy or consulate promptly and courteously.

Conclusion

An E-2 visa is a nonimmigrant visa that allows citizens of treaty countries to invest in and operate a business in the U.S. The E-2 visa comes with a range of benefits and drawbacks, and to qualify for it, certain eligibility and procedural requirements must be met. Before applying, conducting thorough research and analysis of the U.S. market and industry is crucial as seeking guidance from an immigration attorney or visa service provider.

To increase the chances of approval, applicants must avoid common mistakes and pitfalls and follow the best practices and tips provided for the E-2 visa application process. An E-2 visa can be a great opportunity for foreign investors who want to own and operate their business in the U.S. and enjoy the profits and benefits of their investment enterprise.

FAQs

Here are some of the frequently asked questions about the E-2 visa:

How long can I stay in the U.S. on an E-2 Treaty Investor Work Visa? 

The initial period of stay on an E-2 visa is typically two years, with the ability to renew the visa as long as the eligibility requirements are met.

Can I bring my spouse and children on an E-2 Treaty Investor Work Visa? 

Yes, you can bring your spouse and unmarried children under the age of 21 with you to the U.S. on an E-2 visa.

What happens if my E-2 Treaty Investor Work Visa application is denied? 

If your application is denied, you may be able to appeal the decision or reapply with additional supporting documents.

Can I apply for a green card with an E-2 Treaty Investor Work Visa? 

While you cannot directly apply for a green card with an E-2 Treaty Investor Work Visa, you may be able to obtain a green card through other means, such as employment sponsorship or family sponsorship.

How much do I need to invest in a US-based business to be eligible for an E-2 Treaty Investor Work Visa? 

No specific amount is required for investment, but it must be considered substantial and proportional to the business being invested in. The investment must also be at risk, primarily to develop and direct the business.

Can I change or adjust my status while on an E-2 visa?

Yes, you can change your status or adjust your status while on an E-2 visa if you become eligible for another visa category or a green card and meet the eligibility and procedural requirements for that category. To ensure that your E-2 status remains valid, you must submit the necessary application and documents to the USCIS before it expires or is terminated. Additionally, you must maintain your E-2 status until the USCIS approves or denies your application. However, you should be aware that changing or adjusting your status may affect your E-2 visa and your ability to reenter the U.S. on the same E-2 status. It may indicate that you have a dual intent or have abandoned your E-2 eligibility or investment enterprise.

How do I prove that my investment enterprise has an economic impact or creates jobs in the U.S.?

To demonstrate the economic impact of your investment enterprise in the U.S., it’s crucial to provide evidence of its contribution to the U.S. economy. This evidence can come in various forms, such as market analyses, business plans, or forecasts that highlight the expected outcomes of your business. Additionally, your enterprise must comply with U.S. labour and immigration laws and regulations and employ U.S. workers to further solidify its impact. Ultimately, your goal should be to showcase how your investment enterprise benefits the U.S. market and society through income generation, job creation, and tax payment.

How do I prove I intend to depart the U.S. when my E-2 status expires or terminates?

You must prove that you intend to depart the U.S. when your E-2 status expires or terminates by providing evidence that you have a residence and ties in your home country or another country that you do not intend to abandon and that you have a specific and realistic plan to leave the U.S. at the end of your authorized stay. You can provide evidence such as a round-trip ticket, a letter from your employer, a statement of your plans, etc., that shows your intention to return to your home country or another country. However, holding a foreign residence in the U.S. on an E-2 visa is not mandatory. You can request a change or adjustment of status if you meet the eligibility requirements for another visa category or a green card.

Can I travel outside the U.S. while on an E-2 visa?

Yes, you can travel outside the U.S. on an E-2 visa as long as your visa is valid and your investment enterprise is active and bona fide. You must present your passport with the E-2 visa stamp and Form I-94, Arrival/Departure Record, at the port of entry when you reenter the U.S. The immigration officer may either readmit you for the remaining period of your authorized stay or grant a new period of two years, based on their discretion. However, suppose your visa has expired or is about to expire, or your investment enterprise has changed significantly. In that case, you may need to apply for a new visa or a visa renewal at the U.S. embassy or consulate before reentering the U.S.

How long can I stay in the U.S. on an E-2 visa?

You can stay in the U.S. on an E-2 visa for as long as your visa is valid and your investment enterprise is active and bona fide. The validity period of your visa may vary depending on the reciprocity schedule between the U.S. and your country of citizenship, but it can range from a few months to a few years. Each time you use an E-2 visa to enter the U.S., immigration authorities will admit you for a maximum of two years. As long as you maintain your eligibility for the E-2 visa and your investment enterprise, you can apply for unlimited extensions to your stay.

Can I work for another employer or start another business on an E-2 visa?

You can only work for the investment enterprise that sponsored your E-2 visa. You cannot engage in any other employment or business activity in the U.S. without obtaining a status change or an adjustment. Suppose you want to work for another employer or start another business. In that case, you must apply for a different visa category that allows you to do so and meet the eligibility and procedural requirements for that visa.

Can I bring my spouse and children with me on an E-2 visa?

Yes, you can bring your spouse and unmarried children under 21 with you on an E-2 visa, as long as they are also citizens of a treaty country. They must apply for an E-2 dependent visa simultaneously or after you apply for your E-2 visa, and they must provide evidence of their relationship to you and their citizenship. Your spouse and children can accompany you to the U.S. and stay with you for the same duration as your E-2 visa. Your spouse can also apply for a work authorization document (EAD) that allows them to work for any employer in the U.S., and your children can attend school in the U.S.

How much do I need to invest in qualifying for an E-2 visa?

To qualify for an E-2 visa, you don’t need a fixed minimum investment amount. Still, your investment should be substantial and proportional to the enterprise’s cost and value to ensure its successful operation. The investment amount required can vary based on the business type, size, and nature, but it typically falls within $100,000 to $200,000 or more. Additionally, you need to prove that your investment funds are from a lawful source and are at risk of loss, which means they could be partially or lost if the business fails.

How do I prove that my investment enterprise is active and bona fide?

To prove the legitimacy of your investment enterprise, you need to provide evidence that it is a functioning and profitable commercial or entrepreneurial venture and not a speculative or marginal one. There are several ways to do this, including presenting business licenses, permits, leases, contracts, invoices, receipts, payroll records, employee lists, financial statements, and tax returns. These documents should demonstrate the current and projected activities, revenues, expenses, and profits of the business.

Furthermore, you must show that you play an active and influential role in the management and direction of the enterprise. Merely being a passive investor will not suffice. By providing comprehensive documentation and highlighting your significant contributions to the business, you can convince others of the bona fide nature of your investment.

Can You Bring Your Family Members on an E-2 Treaty Investor Work Visa?

Yes, you can bring your spouse and unmarried children under the age of 21 with you to the U.S. on an E-2 visa. Your spouse can also work in the U.S. with separate work authorization.

Can You Apply for a Green Card with an E-2 Treaty Investor Work Visa?

While you cannot directly apply for a green card with an E-2 Treaty Investor Work Visa, you may be able to obtain a green card through other means, such as employment sponsorship or family sponsorship.

What Happens if Your E-2 Treaty Investor Work Visa Application is Denied?

If your E-2 Treaty Investor Work Visa application is denied, you can appeal the decision or reapply for the visa with additional supporting documents.