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ContractsCounsel has assisted 16 clients with e2 visas and maintains a network of 14 immigration lawyers available daily.

The E2 visa is a type of visa that authorizes foreign investors to enter the United States to expand and run their companies. This visa is available to people from nations with a treaty of commerce and navigation with the United States. In addition, the E2 visa provides a path for entrepreneurs to invest in the U.S. and create jobs while benefiting the U.S. economy.

Importance of the E2 Visa

The E2 visa offers considerable benefits for foreign investors who want to launch a business in the U.S. The visa allows the investor to reside and work in the U.S. while growing their business. Additionally, the visa can be restored indefinitely if the investor meets the eligibility requirements. The E2 visa also allows the investor's partner and children to enter the U.S. with them and stay for the period of the E2 visa.

  • Flexibility in Business Type

    One of the most substantial advantages of the E2 visa is its flexibility in terms of business type. Unlike other visa classifications that limit you to a specific industry or type of company, the E2 visa allows you to invest in and operate almost any business.

  • Ability to Bring Family Members

    Another advantage of the E2 visa is that it allows you to bring your partner and unmarried kids under 21 to the U.S. Your family members can also work and attend school in the United States, providing additional opportunities.

  • No Specified Investment Amount

    While the E2 visa needs a substantial investment in a U.S. business, there is no set amount that you must invest. Instead, the investment must be "substantial" about the total expense of the business, which can differ widely depending on the industry and location.

  • Fast Processing Times

    The E2 visa has relatively quick processing times compared to other visa categories. Once you have presented your application and all required documentation, you can anticipate obtaining a judgment within weeks or months.

  • Renewal and Extension Options

    E2 visa holders can renew their visas indefinitely if they meet the program's requirements. Additionally, if you need more time to develop and grow your business, you can apply for an extension of your visa beyond the initial two-year period.

  • Opportunity to Become a Permanent Resident

    While the E2 visa is a nonimmigrant visa, it provides a pathway to permanent residency in the U.S. If you meet certain criteria, you may apply for a green card and become a permanent resident.

How to Apply for the E2 Visa

The application process for an E2 visa involves the following steps:

  1. The applicant must complete and submit Form DS-160, the online nonimmigrant visa application.
  2. After filling out the applicable form, applicants must plan an interview at a U.S. embassy or consulate in their home country.
  3. During the interview, the applicant will be asked questions about their company and their objectives for running it in the United States.
  4. If the E2 visa is approved, they will be issued an E2 visa and can enter the United States to start working for their company.
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Eligibility Requirements for the E2 Visa

To become eligible for obtaining an E2 visa, the applicant must be a resident of a treaty nation, have funded a significant amount of capital into a United States business, and be coming to the U.S. exclusively to develop and run the company. The investment must be sufficient to ensure the thriving function of the company, and the investor must have a controlling stake in the business. In addition, the company must be an engaged, for-profit business.

Key Terms for E2 Visas

  • Treaty Country: A nation with which the United States has a commerce and navigation treaty comprising provisions for E2 visa eligibility.
  • Investor: A person who invests considerable capital in a qualifying company.
  • Business: A commercial company that is engaged in a lawful activity.
  • Substantial Investment: A substantial amount of capital sufficient to guarantee the business's success.
  • Employee: A person, the E2 visa holder, hires to work for the qualifying company.
  • Essential Employee: An employee with special aptitudes or knowledge required to operate a U.S. business successfully and therefore qualifies for an E2 visa.
  • Executive Capacity: A position of high-level obligation within a U.S. company, such as a CFO, CEO, or COO, that qualifies an individual for an E2 visa.
  • Consular Processing: The procedure of applying for an E2 visa at a U.S. embassy or consulate abroad.
  • Business Plan: A thorough document summarizing a business's goals, strategies, and financial projections.
  • Qualifying Business: A company that fulfills the requirements for E2 visa eligibility, including being engaged in a lawful activity, being owned by a treaty country national, and having a substantial investment from the E2 visa holder.

Final thoughts on E2 Visas

The E2 visa works as a valuable option for foreign investors to establish a company in the U.S. and contribute to the United States economy. Moreover, investing in a U.S. company can create jobs and stimulate economic expansion while benefiting from living and working in the United States. If you are a treaty country citizen interested in investing in a U.S. business, the E2 visa may be an ideal option for you to consider.

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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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