The E-2 visa is a non-immigrant visa category that allows foreign nationals from certain treaty countries to enter the United States. The purpose of an E2 visa is to invest a substantial amount of capital in a U.S. enterprise.

The E-2 visa is designed to promote and facilitate foreign investment in the U.S. It is available to citizens of countries with Navigation or a Bilateral Investment Treaty and Treaty of Friendship, Commerce with the United States.

E2 visa eligibility requirements

To qualify for an E-2 visa, the applicant must meet several requirements, including:

  • Being a citizen of a treaty country
  • Owning or investing a substantial amount of capital in a U.S. business
  • Controlling and directing the investment enterprise

The E-2 visa is a temporary visa, allowing the holder to reside and work in the U.S. based on their investment activity. The duration of the E-2 visa can vary, but it is typically granted for up to five years, with the possibility of extensions as long as the qualifying investment and business activity continue to meet the visa requirements. 

How to apply for an E2 visa?

Applying for an E-2 visa involves several steps and requires careful preparation. A general overview of the process is as follows:

  • Check Eligibility: Ensure that you are a citizen of a country that has a Treaty of Friendship, Commerce, and Navigation or a Bilateral Investment Treaty with the United States. 
  • Establish or Purchase a U.S. Business: To qualify for an E-2 visa, you must own or purchase a U.S. business that meets the visa requirements. The investment must be substantial and sufficient to operate the business successfully.
  • Business Plan: Prepare a comprehensive business plan that outlines the nature of the investment, how it will create jobs for U.S. workers, and how the business will be profitable.
  • Gather Required Documents: Collect all necessary documents, including the completed Nonimmigrant Visa Electronic Application (DS-160) form, a valid passport, business incorporation documents, financial records, and the business plan.
  • Submit Form DS-160: Complete the DS-160 form online through the U.S. Department of State’s Consular Electronic Application Center.
  • Pay the Visa Application Fee: Pay the required non-refundable visa application fee before scheduling an interview.
  • Schedule and Attend the Interview: Schedule an interview at your home country’s U.S. embassy or consulate. Be prepared to discuss your investment plans and provide supporting documents.
  • Wait for Visa Processing: After the interview, the consular officer will review your application and make a decision. If approved, you will receive your E-2 visa.
  • Enter the U.S. and Monitor Visa Validity: Once you have the E-2 visa, you can travel to the U.S. and engage in investment activities. Remember to monitor the visa’s validity and comply with all E-2 visa requirements.

An experienced E2 Visa lawyer can guide you in processing your visa application.

Benefits of an E2 visa

The E-2 visa offers several benefits to foreign investors and their families. Some of the key advantages of the E-2 visa include:

  • Investment Opportunity: The E-2 visa allows foreign nationals to invest in and own a U.S. business. 
  • Flexibility: E-2 visa holders can enter and exit the U.S. freely during the visa’s validity period. 
  • Spouse and Children Included: E-2 visa holders can bring their spouse and unmarried children under the age of 21 to the U.S. as dependents.
  • No Requirement for Permanent Residence: Unlike many other visa categories, the E-2 visa does not require the intention to immigrate or seek permanent residency in the U.S.
  • Business Flexibility: E-2 visa holders can work for the U.S. enterprise they have invested in, giving them the flexibility to manage and direct the business’s operations actively.
  • Renewable Visa Status: E-2 visas can be renewed indefinitely as long as the investor meets the visa requirements and the U.S. business remains operational and viable.
  • Educational Opportunities: E-2 visa dependents can attend schools and universities in the U.S., providing access to high-quality education and various academic programs.

Facing issues in applying for E2 Visa? Contact E2 Visa Lawyers

Experiencing challenges with your E-2 Visa application? Get professional assistance from an E2 Visa immigration lawyer. They will provide necessary guidance and support in navigating the E-2 Visa process. They help you overcome obstacles and increase your chances of a successful visa application.

FAQs on E2 Visa

The E-2 visa does not provide a direct pathway to a green card (permanent residency) in the United States. The E-2 visa is a non-immigrant visa, which means it is temporary and does not lead to permanent residency. However, E-2 visa holders interested in obtaining a green card may explore other immigration options, such as employment-based or family-based green card categories.
You can apply for the E-2 Visa at the U.S. embassy or consulate in your home country or the country where you have legal residency.
The E-2 visa, while offering numerous benefits, has certain limitations. Firstly, individuals from non-treaty countries cannot apply for the E-2 visa. Secondly, the E-2 visa is non-immigrant, meaning it does not provide a direct pathway to permanent residency or a green card. Furthermore, the E-2 visa is tied to the specific U.S. business that the investor has invested in or is in the process of investing in. Changing the business may necessitate a new E-2 visa application. Lastly, while the E-2 visa can be renewed indefinitely, its renewal depends on continuous compliance with the qualifying investment and business activity requirements. Despite these limitations, the E-2 visa remains a valuable option for foreign investors seeking to participate in and contribute to the U.S. economy.
During the E-2 visa interview, consular officers will ask questions to assess the applicant's eligibility and genuine intentions for obtaining the visa. The questions are designed to evaluate the applicant's investment plans, the viability of the U.S. business, and their commitment to maintaining non-immigrant status. Typical topics covered include investment details, the nature of the U.S. business, and the amount of capital invested.
Yes, an E-2 visa application can be rejected by the U.S. embassy or consulate during the visa interview process. Several factors can lead to visa denial, such as insufficient evidence of a substantial investment, a poorly prepared business plan, and doubts about the viability of the U.S. enterprise. Sometimes, discrepancies in the applicant's documentation or answers during the interview can lead to a visa rejection.
The processing time for an E-2 visa can vary depending on factors such as the workload at the U.S. embassy or consulate where the application is submitted and the case's complexity. In some cases, the processing time can be as quick as a few weeks, while in others, it may take several months.
No, you cannot directly bring your parents to the U.S. on an E-2 visa. The E-2 visa is a non-immigrant visa intended for the investor and their immediate family members, including their unmarried children younger than 21 years and spouse. It does not provide for the sponsorship of extended family members, such as parents. If you wish to bring your parents to the U.S., you may explore other visa options, such as a B-2 tourist visa or a family-based immigrant visa if you are a U.S. citizen or permanent resident.