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.
Be a national of a country with which the United States maintains a treaty of commerce and navigation.
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
Stage I - Prepare Documents
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.
Stage II - Invest in an enterprise
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.
Stage III - Submit Application
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.
Stage IV - Receive E-2 Visa and move to the U.S
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