When you apply for an E2 visa, your eligibility to live and work in the U.S. based on a substantial investment in a U.S. business can be confirmed. The E2 visa is available to individuals from countries with a treaty of commerce and navigation with the United States.
Essentials to Remember When You Apply for an E2 Visa
- Investment Required: The applicant must invest substantially in a qualifying US business to be eligible for an E-2 visa. The investment must be "substantial" compared to the enterprise’s overall cost and should guarantee its success.
- Business Requirement: The investment must go into active commercial or entrepreneurial activities in a bona fide enterprise. These businesses have to be real, operating units as opposed to passive investments or speculative ventures.
- Nationality Requirement: Applicants who want an E-2 visa must come from treaty countries that have such treaties with America governing commerce and navigation.
- Duration of Stay: An initial term of two years is normally granted for E-2 visas, but they can be renewed indefinitely in increments of two years, provided the qualifying entities continue meeting the visa requirements.
- Spouse and Children: Unmarried children under 21 years of age and spouses are allowed to accompany an E-2 visa holder on dependent visas while going to the United States.
- Government Filing Fees: The government filing fee for applying for an E-2 visa amounts to $205. Besides, there could also be other expenses associated with obtaining various supporting documents as well as legal fees if one opts for hiring an immigration lawyer to assist in his or her application process.
- Business Expenses: Furthermore, individuals holding the E-2 visas should also consider costs related to establishing and managing business operations within the USA, like salaries, and rents, amongst others.
The E-2 visa is a non-immigrant type given to people who enter the United States depending on their financial investment in a US company. Nevertheless, this particular type of visa has certain requirements pertaining to how much investment was made by the applicant, which country they come from, and prevailing charges. Therefore, persons considering pursuing an E-2 visa should take time to review all these conditions as well as the costs involved so that they get assistance from immigration lawyers who possess experience in this field.
Requirements to Meet When You Apply for an E2 Visa
- Be a citizen of a country that has a treaty on commerce and navigation with the United States of America.
- Make a significant investment in U.S. business. The amount must be big enough to make the entity succeed, and the individual must have dominion over the money.
- The investment ought to be in an active profit-making industry as opposed to passive investments such as in real estate.
- An entrepreneurial investor who contributes capital to start a new or operate an existing enterprise must actually move to the United States in order to develop and direct such commerciality. There should be an active management role by him or her in this context.
- When there is little hope for recoupment, such funds are said to be at risk since they will probably be lost if the business goes down with them.
If their E-2 status expires or is terminated, they should plan on leaving the USA. This means that no specific amount can be considered a “substantial investment” dollar-wise but rather has to guarantee the success of the enterprise and employ US citizens. The actual figure shall depend on each specific case evaluation.
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Application Costs When You Apply for an E2 Visa
- Filing Fees: An amount of $205 is required for the filing fee for an E-2 visa application, which should be paid to the United States Department of State.
- Investor Visa Treaty Fee: Some countries require this additional fee, which is referred to as the investor visa treaty fee, and varies between $0 and $2250, depending on the citizenship country.
- Business Registration Fees: For one to qualify under the category requirements for an E-2 visa, one must have invested in U.S. business or have planned to do so. Business registration fees will depend on the type of business entity and state. Generally, they range from $50 to $800.
- Legal Fees: It is recommended that those seeking an E-2 visa retain an immigration attorney to assist with the application process. Hourly rates for attorneys depend on how complicated a case may become.
- Other Costs: These other expenses include translation costs, travel fees incurred while attending visa interviews, and medical examination charges during the processing of E-2 visas.
Note that expenses related to applying for the E-2 visa can accumulate rapidly. Thus, individuals looking forward to obtaining this particular type of US visa need to consider all associated expenses and plan their budget accordingly carefully.
Tips for a Successful E2 Visa Application
- Engage an Experienced Immigration Lawyer. An experienced immigration lawyer can take you through the complex process of applying for an E-2 visa and help you avoid costly pitfalls in the process. They will also help you prepare relevant documents, and letters of support and make sure that everything is sent in good time.
- Show Strong Proof of Investment. For one to be eligible for the E-2 visa, it’s mandatory to produce evidence showing substantial investments in US businesses. The more information provided, the better your chances will be. It may comprise financial statements, contracts, and bank statements, among other things.
- Prove that Your Investment Will Generate Jobs. Since the E-2 visa is meant to promote job creation within US territory, it’s vital that you show that your investment will result in this. This can be done by providing a detailed business plan and financial projections.
- Get Ready for a Visa Interview. You have to go through a visa interview as part of an E-2 visa application. Be prepared to respond to questions about your business idea, what you want to accomplish with the funds, and why you are choosing the United States as a destination country. You should also carry all necessary papers during this interview.
- Plan Ahead. The entire process of obtaining an E-2 visa may run into several months or even longer. Therefore it is important that one plans accordingly by leaving enough time for processing applications. Make sure all required documents are availed and work closely with an immigration attorney so that everything is submitted on time.
Key Terms for E2 Visas
- Treaty Country: A nation that has a commerce and navigation treaty or an investment agreement with the US.
- Investor: An individual who has invested heavily in a business in the US and will be involved in its management actively.
- Essential Employee: Any person working for either a treaty investor or an enterprise who is indispensable to the firm’s existence.
- Substantial Investment: An amount of capital, when contrasted with the total cost of creating or acquiring a qualifying company, that is noteworthy.
- Qualifying Enterprise: For instance, being a bona fide enterprise, having the nationality of a treaty country, and engaging in active trade or services are some requirements that need to be met by a business entity if it is interested in obtaining an E2 visa.
Final Thoughts on E2 Visas
Foreign nationals who want to invest and manage a business in the United States should consider an E2 visa as a viable alternative. The requirements with regard to this visa must be thoroughly considered before making an application. However, the investor must fulfill certain conditions to qualify for this Visa. They must be a national of a treaty country, must have made a substantial investment in a qualifying enterprise, and must come to the USA with the purpose of developing and directing such establishments. Besides, the company should be involved in active trade or services but not marginal meaning it can generate enough income for at least minimum living standards of the investor and their family.
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