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Getting an E2 Visa in the USA

This page explains how to get an E2 visa in the USA, its key terms and benefits, and how a lawyer from ContractsCounsel can help you with the process.

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Quick Facts — E2 Investor Visa Lawyers

The E2 visa in the USA is a non-immigrant visa that allows citizens of treaty nations to manage a US company and make significant business investments. Those wishing to invest, start a business, or operate one in the US can apply for the E2 non-immigrant visa. You can invest in or launch a US business, and you can work for the business while holding an E2 visa. You must lead and grow a US business in which you invest a sizable sum of money to be granted an E2 visa. To be eligible for an E2 visa, you can invest in an already-existing company or launch a new one.

Only nationals of those nations who have an E2 treaty with the US are eligible for an E2 visa. The number of times an E2 visa may be renewed is unlimited. Therefore, the holder of an E2 visa may continue to renew their visa and reside and work in the United States as long as their business meets the requirements and continues to operate.

How to Apply for the E2 Visa in the USA

The following is a guide for applying for an E2 visa:

  1. Submit the DS-160 form (Non-immigrant visa form). Each applicant must submit a separate DS-160 F if they are traveling with coworkers or employees. The DS-160, also known as the nonimmigrant visa application, is an online form that requests information about your past and reason for traveling to the United States.
  2. Cover the Application Cost. Once you have filled out the non-immigrant visa form, you must also pay the application fee required to complete the transaction. If you are applying online, make sure that your transaction is successful. If you face any difficulty in the transaction, you must contact your bank as soon as possible to avoid any mishap.
  3. Create an Evidence Portfolio to Bolster Your Visa Application. It is important to support all your claims with evidence so that the authorities can grant you a visa without any complications. You will be presented with a confirmation page and number at the end of this form once you have completed it. This page should be printed out and saved for future reference. It also needs to be included in your evidence portfolio.
  4. Arrange to Appear at the Visa Interview. Answer all the questions boldly and give accurate information to the authorities. Giving false information attracts a penalty.

After that, the United States Citizenship and Immigration Services (USCIS) will require more paperwork. Requirements include proving you have a steady source of income and that you intend to return home when your authorized stay expires.

Note : You can also check out the step-by-step guide videos for a better understanding.

Advantages of Hiring a Lawyer for the E2 Visa in the USA

The following are the main points that highlight how crucial it is to work with an E2 visa attorney:

  • Managing Restrictions: Lawyers specializing in E2 visas are knowledgeable about the intricate network of immigration laws that govern this type of visa. It ensures that applicants continue to adhere to the particular requirements for E2 visas, lowering the likelihood that mistakes or oversights will impede the application procedure.
  • Interacting with Authorities to Mitigate Issues: Attorneys serve as essential middlemen between E2 visa applicants and USCIS and US consulates, among other government agencies. Since they oversee all communications, their accuracy and effectiveness are guaranteed. Because of their legal expertise, they can negotiate complex legal matters and guarantee that all investor requirements and legal requirements are met.
  • Creating an Investment Strategy: Lawyers can aid in structuring the investment to meet the requirements for an E2 visa. Attorneys specializing in E2 visas possess the expertise and experience necessary to create comprehensive business plans that highlight the project's financial viability.
  • Reducing Risk: Their deep understanding of immigration laws and the E2 visa program allows them to spot and fix mistakes prior to application submission by anticipating and resolving potential issues early on.
  • Streamlining Documentation: By overseeing, arranging, and submitting the required paperwork, E2 visa attorneys significantly contribute to the streamlining of documentation. An essential component of a successful E2 visa application is their assurance of the accurate production and presentation of all necessary documentation, financial records, and business plans in accordance with strict guidelines.
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Benefits of the E2 Visa in the USA

Here is the list of benefits you get from an E2 visa:

  • If you have an E2 visa, you are permitted to establish a company in the US and work for it.
  • Your spouse and any unmarried children under 21 may also be eligible for an E2 visa by obtaining one.
  • To work in the US, your spouse may apply for work authorization.
  • The United States offers educational opportunities for your kids.
  • The minimum investment required to be eligible for an E2 visa is not specified. E2 has been available for investments as low as $50,000 or even less.
  • The amount of times you can renew your E2 visa is unlimited. Some people who have an E2 visa stay in the country for up to 15 years.
  • Obtaining an E2 visa does not require you to maintain a foreign residence, in contrast to other non-immigrant visas.

Who Can Apply for the E2 Visa in the USA

A person must be a citizen of one of the countries listed in the table below to be eligible for the E2 treaty, which the US has with 44 other countries. It is noteworthy that individuals who do not hold citizenship in one of the eligible nations may still be eligible for the E2 if they do so after becoming citizens of a treaty nation. However, CBI-origin citizen treaty countries will only be eligible for the E2 Visa if they have lived in that nation for more than three years after obtaining citizenship, according to new legislation by the National Defence Authorization Act (NDAA), which President Joe Biden signed in December 2022.

Countries with citizenship by investment programs, including Turkey, Grenada, Jordan, and Egypt can become citizens of these countries and then apply for an E2 visa as a qualified national.

Albania Bulgaria Denmark Ireland
Argentina Cameroon Ecuador Israel
Armenia Canada Egypt Italy
Australia Chile Estonia Jamaica
Austria China (Taiwan) Ethiopia Japan
Azerbaijan Colombia Finland Jordan
Bahrain Congo (Brazzaville) France Kazakhstan
Bangladesh Congo (Kinshasa) Georgia Korea (South)
Belgium Costa Rica Germany Kosovo
Bolivia Croatia Grenada Kyrgyzstan
Bosnia and Herzegovina Czech Republic Honduras Latvia

Source

Key Terms for the E2 Visa in the USA

  • Priority Date: The date on which USCIS receives the Form DS-160. It determines when the E2 visa applicant can proceed with visa processing based on visa availability.
  • The National Visa Center (NVC): The government agency responsible for collecting and processing visa applications and supporting documents for E2 visa applications.
  • Consular Processing: The method by which foreign nationals, including E2 visa applicants, obtain their immigrant visa at an embassy or consulate in their home country before traveling to the United States.
  • Adjustment of Status: An alternative to consular processing. It allows certain individuals already in the United States, such as E2 visa applicants, to apply for green cards without leaving the country.

Final Thoughts on the E2 Visa in the USA

The E2 visa, also referred to as a treaty investor visa, gives entrepreneurs or businessmen who have demonstrated capital and business acumen the chance to invest in companies operating within the United States. Since more and more people are applying for E2 visas, it is essential to first understand the correct procedure before speaking with an attorney. To fully comprehend the legal requirements and different procedures associated with obtaining a valid E2 visa, you can consult with attorneys. To obtain the visa at a reasonable price, make sure you take into account the information above and obtain all necessary documentation.

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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