For the United States, the E2 visa is a Treaty Trader and Investor Visa. It is a non-immigrant visa category issued by the United States for individual investors or investing companies from countries with which the United States has a treaty.
The investment can be made in any industry or sector, including tourism, information technology, marketing, and so on. If you want to find out if you are eligible, what are the requirements, how to obtain the E2 Treaty Investor Visa and more, read this article.
- What are the E2 Visa Eligibility Requirements?
- What are the countries that are part of the E2 Treaty?
- How to obtain an E2 Visa?
- What are the E2 Treaty Application costs?
- The US E2 Visa Processing Time
- How long a Treaty Investor can stay in the United States?
- Extending an E2 Treaty Investor US Visa
- Is it possible to obtain a Green Card with an E2 Treaty visa?
What are the E2 Visa Eligibility Requirements?
You qualify to apply for the E2 visa if you meet the conditions pointed below. However, it does not guarantee that you will be given a visa. You must apply for it, and if accepted, the immigration officials at the port of entry will determine your entry into the United States.
To be eligible for an E2 visa, you must meet several requirements:
- Individual investors who are citizens of a country in which the United States has an investment treaty.
- The investor (individual or company) must intend to put a significant amount of money into an established or new legitimate business. A real business that manufactures goods or services and is profitable is referred to as a bona fide company.
- If a company sends an employee to a treaty investment country on an E2 visa, the employee must be in a supervisory, administrative, executive, or specialist expertise role (essential employee).
- The investor (individual or corporation) must ensure that the business produces a profit that is greater than the cost of living. New companies are excluded from the marginal benefit rule, but they must fulfil it within five years.
- The investor (individual or corporation) must intend to use the investment to expand the business.
- If the applicant is a corporation, a treaty investment country must own at least 50% of it.
- Before their visa is accepted, the investor (individual or company) must deposit the funds in a bank account or via an agent.
- When the investor’s work is finished, it is important to return to their home country.
It is also recommended that the investment be between $100,000 and $200,000 in an existing or new company, while smaller investments may be eligible in some cases. Furthermore, at least 3 to 4 people should be employed as a result of the investment.
What are the countries that are part of the E2 Treaty?
The following is a list of countries that have signed the E2 Treaty:
- Albania
- Argentina
- Armenia
- Austria
- Azerbaijan
- Bahrain
- Bangladesh
- Belgium
- Bolivia
- Bosnia & Herzegovina
- Bulgaria
- Cameroon
- Canada
- Chile
- China
- Columbia
- Congo
- Costa Rica
- Croatia
- Czech Republic
- Denmark
- Ecuador
- Egypt
- Estonia
- Ethiopia
- Finland
- France
- Georgia
- Germany
- Grenada
- Honduras
- Iran
- Ireland
- Israel
- Italy
- Jamaica
- Japan
- Jordan
- Kazakhstan
- Kosovo
- Kyrgyzstan
- Latvia
- Liberia
- Lithuania
- Luxembourg
- Mexico
- Moldova
- Mongolia
- Montenegro
- Morocco
- Netherlands
- New Zealand
- North Macedonia
- Norway
- Oman
- Pakistan
- Panama
- Paraguay
- Philippines
- Poland
- Romania
- Senegal
- Serbia
- Singapore
- Slovakia
- Slovenia
- South Korea
- Spain
- Sri Lanka
- Suriname
- Sweden
- Switzerland
- Thailand
- Togo
- Trinidad & Tobago
- Tunisia
- Turkey
- Ukraine
How to obtain an E2 Visa?
The E2 visa can be obtained in two ways, either from inside the United States or from beyond the United States.
Application for an E2 visa from inside the United States
Those with legal status in the United States may apply for an E2 visa by changing their status. This is accomplished by submitting Form I-129, Petition for a Nonimmigrant Worker, to the United States Citizenship and Immigration Services (USCIS). Evidence of nationality, saving, and plan to return must be included in the document.
You must file the petition yourself if you are an individual investor. If you work for a corporation, your employer is responsible for filing Form I-129 on your behalf. USCIS will either reject or accept your request after it has been processed. If you are accepted, they will send you a Form I-797, Approval Notice.
Application for an E2 visa from outside the United States
If you live outside of the United States, you must apply for an E2 visa at a US Embassy in your home country. The following are the steps you must take to apply for an E2 Visa:
- Fill out the DS-160 form.
- The application fee must be charged.
- Make an appointment for your visa interview.
- Make a copy of your journal.
- Participate in the interview.
- Just use Form DS-160, Nonimmigrant Visa Application, to apply.
Filing the DS-160 Form
This form will require you to include your contact details as well as your reason for visiting the United States. You will be given a confirmation page and code after you fill it out, which you must bring with you to your interview.
Required Visa Application Documentation
On the day of the interview, the paper file must be completed. The following is a list of documents that are needed for the E2 visa:
- Valid passport
- Filed Nonimmigrant Visa Application Form DS-160
- Two photos that meet the US visa specifications.
- The receipt indicates that you have paid a $205 fee.
- Fill out Form DS-156E, Non-immigrant Treaty Trader/Treaty Investor Application, if you are an Executive/Manager/Essential employee.
- Proof that you wish to return to your home country (e.g. property deeds, a lease on an apartment).
- Proof that the company you’re going to invest in is legitimate (bona fide), like documents relating to business licences and registrations, statements of Income, leasing agreements for offices, diagram of the organisation, returns on taxation, statements of account, contracts for employers and clients, etc.
- Proof of your significant investment (e.g. statements from your personal or business bank accounts, if you’re starting a company, you’ll need a licence or registration papers, a business strategy).
E2 Treaty Investor Visa Appointment
For their visa application to be complete, all applicants between the ages of 13 and 80 must attend a visa interview at a US Embassy. Due to the high volume of requests received by the US Embassy, it is recommended that you arrange your interview as soon as possible. You will receive a visa appointment letter when you arrange the interview, which you must carry with you to the Embassy.
While attending the visa appointment, US Embassy officials will question you about your reasons for visiting the United States. Your plans to return to your home country, which you must confirm, will also be asked by the interviewer. Your application will be denied if it is believed that you wish to stay in the United States indefinitely. The US Embassy will process your request after you have completed the application and conducted the interview.
What are the E2 Treaty Application costs?
If you are applying from outside of the US, the application fee for the E2 visa is $205. Depending on your home country, you might be forced to pay extra fees such as visa issuance fees or reciprocity fees. Save your receipts after you’ve paid all of your fees because you’ll need them later.
The US E2 Visa Processing Time
The processing period for a company applying for an E2 visa registration is 4 to 6 weeks, while it takes about 2 weeks for an employee. The approval period varies depending on the US Embassy’s workload, but if you don’t hear back during those time periods, it doesn’t mean your visa application was rejected.
How long a Treaty Investor can stay in the United States?
The E2 visa is initially granted for a term of two years. The visa holder will continue to grow the business in which they have invested during those two years. E2 visa holders may prolong their validity period as it is about to expire.
Extending an E2 Treaty Investor US Visa
As a treaty investor, you have two options for extending your stay in the United States:
- By travelling outside the United States and then returning is one way to prolong your stay. This will result in an automatic two-year extension.
- By applying for a USCIS extension. You need to fill the Form I-539, Application to Extend or Change Status. The extensions are given in two-year increments, with the investor having the option to apply as many times as they want. Extensions will be issued if the visa holder remains eligible for the E2 visa and can demonstrate that he or she intends to return home.
E2 visa holders may change their status if they become eligible for another form of visa, in addition to extensions. For example, if an individual can find a sponsoring employer, they can apply for an H1B visa.
Is it possible to obtain a Green Card with an E2 Treaty visa?
It is difficult to move from an E2 visa to a Green Card because one of the conditions of the E2 visa is to demonstrate intent to return home. There are, however, methods by which you can accomplish this.
As an E2 visa holder, there are four indirect ways to obtain a Green Card:
- Obtain an EB-5 Investor Visa – an EB-5 visa is a form of immigrant visa that allows investors to obtain a green card. The E2 visa is similar to the EB-5 visa in that it is a nonimmigrant visa for treaty investors. Anyone may apply for an EB-5 visa, but the necessary investment is substantial. To qualify for an EB-5 visa, an investor must invest between $500,000 and $1 million in a commercial enterprise and create at least 10 jobs.
- Petition for an EB-1 Visa on Your Own – the EB-1 visa is a Green Card for people with exceptional abilities in science, finance, education, sports, and the arts, as well as those who have held a managerial or executive role at a US company’s foreign branch for the previous three years. You have the option of having an employer file your petition for you, which is recommended if you have worked at a foreign branch of a US corporation, or you can file your petition with USCIS.
- Change your status to a Nonimmigrant Work Visa with Dual Purpose.
- Apply for an Immediate Relative or Family Visa – It is also easier to obtain a Green Card from an E2 visa if you have a close relative who is a permanent resident or a US citizen. Immediate Relative and Family-Based Immigrant Visas are the two forms of immigrant visa categories under which you can change your status.
