Foreign individuals from specific countries on the treaty list are permitted entry into the United States as non-immigrant treaty visa holders (E2 visa holders) to invest in and oversee businesses.
The visa can be renewed indefinitely and is usually valid for one, two, or five years, depending on the applicant’s nationality. This visa is relatively exclusive, as applications are not accepted from countries not on the list.
This article will discuss everything you need to know about the E2 investor visa, including the benefits of applying.
Eligibility Criteria
A foreign national must have made a significant financial investment or actively made one in a legitimate business in the United States. The investment must also be sufficiently large to guarantee the business’s successful operation.
Since the qualifying investment must rationally correspond to the business’s size, there is no minimum amount for the E2 investment. To qualify, the investor must:
- Possess financial authority and the capacity to decide how the money is used within the company.
- Possess a treaty allowing for trade and navigation between your country and the United States.
- The only purpose for entering the US must be to grow and run the business.
7 Benefits of Applying for the E-2 Investor Visa
1. Minimum Investment Requirements
There are no minimum investment requirements for an E-2 visa, per US immigration standards. Rather, proof that the investment is “substantial” for the E-2 Enterprise (i.e., US Company) is required.
The type of US firm will determine the investment amount and the financial data provided in a five-year business plan, examined by the US Consular Officer evaluating your application.
Although a service-oriented company with minimal overhead and equipment could get away with this minimum threshold investment, there is still a real risk.
2. No Requirements to Own a Foreign Business
In contrast to the non-immigrant Executive/Managerial L-1 Visa, which is its equivalent, the E-2 Investor Visa offers a new beginning. You can apply for an E-2 visa with a clean slate and without involving your foreign firm.
This is beneficial because it avoids substantial material requirements—like tax returns, organizational charts, bank statements, payroll slips, etc.—involving a foreign firm in an immigration file.
Furthermore, unlike the L-1 visa, you are not obligated to maintain your foreign entity’s operations throughout your E-2 visa. A very forward-looking application is required for the E-2 visa. The only thing that worries the US consular officer is your E-2 company enterprise.
3. Ability to Begin or Buy a New Business in any Industry
As previously stated, as long as the E-2 firm is a functioning business, there are no limitations on the industry in which your company may operate.
As a result, “passive investments,” such as stock and real estate investments, do not qualify for the E-2 visa even though they grow in value without having an actual operating structure.
4. Starting or Buying a Business in the US
An investor-applicant may start their own business or purchase an already-existing US company with an E-2 visa. So, which is the better option?
There isn’t any preference in terms of US immigration legislation. Nonetheless, an investor should consider some practical business considerations. Weighing each one’s benefits and drawbacks is crucial for this.
5. The Ability to Extend and Renew the E-2 Visa Indefinitely
The US State Department upholds a “reciprocity schedule” with all relevant treaty countries. The applicant’s nationality will determine how long the visa will last.
For instance, Egyptian nationals may only be granted a three-month E2 visa, whereas British nationals are eligible for a five-year visa. Nonetheless, it is crucial to differentiate between the validity period and the length of stay.
The stamp that a US Customs and Border Patrol officer stamps on your passport upon entry is valid for your stay. An Egyptian national may lawfully be allowed to remain in the United States for two years, even though they can only acquire a valid E2 visa for three months.
Another benefit is that you can renew or extend your E-2 visa indefinitely. The E2 visa is unrestricted, unlike other US visa categories with a term limit (such as the L-1 visa, which is seven years).
However, an applicant must show that the E2 enterprise is still up and running and functioning as a business to be eligible.
6. It’s a Multiple Entry Visa
The US State Department maintains a reciprocity schedule with each treaty country addressing the number of entries, similar to the validity period previously indicated.
The maximum number of times an E2 visa holder may lawfully enter the US is known as the “number of entries.”
There are no limits on the number of times a person may enter the United States. However, they must possess an E2 visa since most E2 visa treaty countries uphold a multiple-entry visa policy.
7. Possibility to Apply for a Green Card Through the EB-1C Immigrant visa & EB-5 Immigrant Investor Visa
Since the E2 visa is a non-immigrant visa, you can legally reside and work in the US.
Other social benefits you can be eligible for include getting your dependents’ and social security numbers, registering children for school, using the US healthcare system, opening bank accounts in the US, and accumulating credit lines.
However, an E2 visa does not automatically result in a US Green Card. The L1 and E2 visas are intended for non-immigrants.
It would be best if you had a valid “immigrant-based” visa to apply for a Green Card and become a permanent resident of the United States. For executives and managers from multinational corporations, there is an immigrant-based visa called EB-1C.
If you own multiple businesses and maintain a director capacity at a US and non-US business, you may qualify for the EB-1C visa.
Conclusion
Through the E-2 treaty investor visa, skilled people from treaty countries can work in the US and benefit American enterprises by bringing their experience.
Candidates who meet the requirements can apply and look for employment that easily fits their professional goals if they understand the visa’s benefits and limitations.
International talent mobility and economic cooperation between treaty states and the US are greatly aided by the E-2 Visa, which is essential in encouraging globalization’s strengthening of cross-border economic relations.
Frequently Asked Questions
Can I apply for the E-2 Visa?
The United States of America maintains a list of countries that are eligible to apply through the E-2 treaty investor program. If you hold a passport from one of these treaty countries, you can apply for the E-2 Visa.
What if my country is not on the E-2 Treaty List?
Several vital countries, including Brazil, South Africa, Nigeria, Vietnam, China, and India, are not included in the E-2 Treaty Program.
Nevertheless, one should consider other choices, such as the L-1 visa or a Citizenship by Investment plan.
How long does the E-2 visa processing take?
The E-2 process will depend on the particulars of the client’s case and the applicable US Consulate. As discussed above, several requirements for the US business must be executed before applying.
Do my children qualify as dependents for the E-2 visa?
Dependents will be your legal spouse and children under 21 at the time of filing.
Can I get a Green Card with the E-2 visa?
No. The E-2 visa is a non-immigrant visa that permits you to live and work in the United States. If you seek an immigration solution that provides a pathway for Permanent Residency in the United States, you may want to consider other options for an immigrant visa.
What is the minimum investment for an E-2 Visa?
There is no minimum investment requirement for the E-2 visa. The amount of capital required for a successful E-2 application will depend on the nature of the US business.
