E-2 Visa Overview

• This visa category is for persons who want to operate a business in the United States. It must be a real, operating business.
• The US business can be a new business, or you can purchase an existing business.
• Most applicants who qualify can obtain a 5-year visa. If you continue to operate the business successfully, you should be able to continue to obtain a renewal of the visa.

E2 Visa Advantages

• If applicant is outside the U.S then the application is made directly with a U.S. Consulate abroad.
• The spouse of the E-2 visa principle applicant can also obtain employment authorization.
• Children of the E-2 applicant can attend public school.

E2 Visa Disadvantages

• Cannot adjust status under E-2 visa, therefore cannot obtain a green card through this category.
• Funds must be invested and at risk before applying for the visa.
• The E-2 visa holders must leave the U.S. every two years and reenter to renew their E-2 “status”, even if you hold a 5-year visa.

General Qualifications

• Provide applicant information.
• Provide family, spouse and other supporting information.
• Provide E-2 business plan.
• Document source of funds.
• Engage immigration attorney and pay legal fee.

• Obtain at least a 50% ownership of a qualifying enterprise.
• No minimum investment specified, but the suggested amount is $250,000.
• Execute business formation and operating documents.

If Investor is in the United States

• File Form I-129 to request a change of status to E-2 classification.
• I-129 petition will need to be filed for each family member.
• If electing for premium service, USCIS guarantees an E-2 visa processing time of 15 calendar days, but may issue requests for evidence to “stop the clock” pending an applicant’s response.

If the investor is abroad

• Apply directly at a U.S. Consulate.
• Pay filing fee for DS-160 visa application.