What is an E2 Investment Visa?
An E2 investment visa, also known as an E-2 Treaty Investor visa, is a non-immigrant visa that allows individuals from certain countries to enter and work in the United States based on a substantial investment in a U.S. business.
To qualify, the applying foreign national must be a citizen of a treaty country, invest a substantial amount of capital in a U.S. business, and play an active role in the management and operations of that business. The investment being made must be sufficient to ensure the success of the enterprise and generate enough income to provide a living for the investor and their family.
An E2 visa can be renewed indefinitely, as long as the business remains operational and continues to meet the visa requirements.
How to Apply for the E2 Visa
The E2 Application Process can be completed in one of two ways:
- E2 Visa at a US Consulate: Generally, you will choose to obtain an E2 visa if you are outside the U.S. when applying for an E2 visa or if you plan to travel in and out of the U.S. once you receive your E2 visa. Once the E2 petition is sent to the embassy, it will take approximately 2-4 weeks for them to review the petition, and appointment times for interviews vary for each embassy. At the interview, you may be asked questions about your E2 investment, the source of your investment funds, and other similar questions regarding the information contained in your E2 visa package. After the interview, the consulate will take approximately 1 week to place the visa in your passport and mail it back to the location you selected on your visa application.
- Change of Status to E2 Visa: If you are already present in the United States in a legal non-immigrant status, you may choose to change your status to E2. The entire process of changing status is done while you are in the U.S. You do not have to leave the U.S. or attend an interview. USCIS will take 2-3 months to issue a response to your E2 petition. For an additional fee, USCIS offers premium processing that reduces processing time to 15 days. Once approved, you are granted E2 status.
Here is an application process format for the E2 visas:
- https://fr.usembassy.gov/visas/treaty-trader-e-1-and-treaty-investor-E2-visas/required-format-for-E2-visa-applications/
- https://www.ashoorilaw.com/blog/e2-visa-document-checklist-required-documents-for-e2-visa-application/
Requirements for the E2 Investment Visa
To obtain an E2 visa, you as an applicant must have the nationality of a country with a qualifying treaty with the United States:
- Meet the Nationality Requirement Criteria. You must have the intent to depart the US once your E2 status ends. For most non-immigrant visa categories, you must show that you have a non-immigrant intent. To demonstrate non-immigrant intent, you are generally required to show strong ties to your home country, such as having a residence abroad, a career, business, or family.
- Invest Substantially in US Companies. The regulations do not specify a minimum amount of investment that qualifies as substantial. The Foreign Affairs Manual specifically states: “No fixed dollar figure constitutes a minimum amount of investment to be considered” substantial “for the E2 visa.
- Has an Active For-Profit E2 Business. The business that you invest in cannot be considered a marginal enterprise. We use a detailed business plan to show that the business will generate enough money to hire employees and benefit the U.S. economy.
- Enter the US to Develop an E2 Business. As an E2 investor, you must pursue entry into the United States for the sole purpose of managing and developing the E2 business. You may meet this requirement by demonstrating that, as an E2 investor, you own at least 51% of the E2 business.
- Investment Funds Must Be Legal. The funds you use to finance your E2 business must have been obtained legally.
- The investment Must Be Firmly Committed, at Risk. To obtain an E2 visa, you must make an investment that is at risk, and your investment funds must be irrevocably committed to the E2 business.
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Documents Required for E2 Investment Visa
The following is a brief overview of some of the documents that are required for an E2 visa application.
- Include articles of incorporation /organization and formation documents showcasing ownership.
- Provide bank statements reflecting investment transfers and receipts for business expenses.
- Submit necessary licenses for operating the business in the designated location.
- Detail the business model, financial forecasts, and hiring plans for the next five years.
- Include the lease copy for the business premises.
- Submit resumes, degree certificates, diplomas, or transcripts to demonstrate qualifications.
- Include passports and birth certificates for dependents.
- Provide evidence of how investment funds were acquired.
- Include photos of the business, customer invoices, website printouts, and directory listings.
- Include a photocopy of the passport's biographic page.
Preparing an E2 visa application necessitates gathering a substantial amount of documentation. Consulting with an experienced immigration lawyer is advisable for navigating the process effectively.
Analyzing the Approval and Denial Rates
In 2019, the E2 visa approval rate remained the same at 89%. Despite stricter regulations in certain E2 countries, the E2 visa landscape has not significantly changed.
Here is a look at the approval rates from 2017 to 2019:
| Year | Approval Rate |
| 2017 | 90% |
| 2018 | 89% |
| 2019 | 89% |
The E2 visa denial rate in 2019 stood at 11%. Despite stricter immigration policies, the denial rate did not increase, reflecting the high approval ratings of the E2 visa relative to other non-immigrant visas.
- Countries with the Highest Number of E2 Visas in 2019: Japan led the pack in the number of E2 visas issued, most of which were for E2 managers transferred to the US to work in E2 companies. Other countries with a high number of E2 visas include Germany, which was replaced by Canada as the second-highest, and France, which saw a drop in its E2 visa rankings due to the shorter validity periods imposed.
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E2 Visa Issuance by Continent:
Continent E2 Visa Issuance Percentage Asia 17,783 41.1% Europe 16,556 38.2% North America 6,473 15.0% South America 1,764 4.1% Oceania 562 1.3% Africa 148 0.3% Approximately 80% of E2 visas issued in 2019 came from Asia and Europe. The rate of E2 visa issuance in North America has increased from 12% to 15%, with Canada contributing significantly to the rise in E2 visas.
- E2 Visa High Approval Rate: Compared to other non-immigrant visas, the E2 visa has a higher approval rate of 92% (2021). Despite stricter immigration policies implemented under the previous Trump administration, the E2 visa approval rate did not change that much. The approval rate was about 89% in 2019 and about 88% in 2020. The denial rate for non-immigrant visas overall in FY 2020 was more than twice as high as the denial rate for E2 visas.
Here is the detailed information and data related to the E2 investment visa: https://www.nnuimmigration.com/e2-visa-success-rate/
https://workpermit.com/news/e2-visa-analysis-approval-denial-rates-2023-
Key Terms for E2 Investment Visas
- EB-5 Visa: A type of E2 investment visa allowing foreign investors to obtain permanent residency by investing in a U.S. business.
- Treaty Investor: Refers to the foreign national seeking an E2 visa based on a treaty between their country and the United States.
- Substantial Investment: Requirement mandating a significant financial commitment in a U.S. enterprise to qualify for an E2 visa.
- Marginality Requirement: Ensures that the investment enterprise will generate more than enough income to support the investor and their family.
Final Thoughts on E2 Investment Visas
The E2 investment visa offers a promising pathway for foreign investors seeking to establish or acquire a business in the United States. With its relatively flexible requirements and potential for indefinite renewal, it presents a valuable opportunity for individuals from treaty countries to manage and develop their investments in the U.S. economy actively. However, navigating the application process and ensuring compliance with the intricate regulations can be complex and require careful planning and legal guidance.
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