E2 Visa: A General Guide
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Quick Facts — E2 Visa Lawyers
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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.
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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.
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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.
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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.
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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.
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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.
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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:
- The applicant must complete and submit Form DS-160, the online nonimmigrant visa application.
- After filling out the applicable form, applicants must plan an interview at a U.S. embassy or consulate in their home country.
- During the interview, the applicant will be asked questions about their company and their objectives for running it in the United States.
- 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.
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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Meet some of our E2 Visa Lawyers
Andrew A.
I am the Managing Partner of Adams Global Immigration, a Business Immigration Law firm focusing on nonimmigrant visa processing (H-1B, L-1, E-2, E-3, O-1, TN, etc.) and immigrant visa processing (EB-1, EB-2, EB-3, PERM, NIW, etc.). I have many years of business immigration experience, including legal work at Jackson and Hertogs, Fragomen, E&M Mayock, and as a Freelance Immigration Specialist. My specialization includes complicated Request for Evidence responses and high-volume nonimmigrant visa preparation. I can provide legal advice regarding employment visa preparation, unique international travel issues, and various other complex immigration matters. Prior to joining Jackson & Hertogs in 2018, I served as a Certified Law Clerk with the San Diego Public Defender office through Thomas Jefferson School of Law (TJSL). In this role, I argued over 40 hearings in state court for criminal juvenile matters, adult misdemeanors, and adult felonies. I subsequently joined the TJSL Removal Defense clinic, wherein I argued and won a full asylum trial in Federal Court for a Moroccan refugee fleeing severe LGBTQ persecution.
"Andrew has been responsive and helpful during the whole process"
Brian W.
As a licensed AL lawyer with over 7 years of experience in the legal field, I have spent more than 15 years working in the business and finance sector. I am deeply passionate about immigration, contracts, & my expertise spans a wide range of projects. From handling ICOs & IPOs to navigating VCs, SaaS, OnlyFans, Wholesaler & Manufacturing Agreements, Prenups, Movie Finance, M & As, Visas, Green Cards and more. I have a comprehensive understanding of various contractual needs. Whatever your contract requirements may be, feel free to reach out to me—I can craft or work on any contract with precision and expertise.
"Brian was great to work with and delivered the work requested well before the deadline. He went above and beyond to provide what I needed for my project. Thanks, Brian!"
Ted A.
Equity Investments, Agreements & Transactions | Securities & Lending | Corporate Governance | Complex Commercial Contracts | Outside General Counsel & Compliance
"Ted was extremely responsive, knowledgeable, easy to work with and was able help me the same day. I would confidently recommend him in the future."
Joshua S.
Joshua is an experienced attorney with deep expertise in finance, corporate, and business law. He offers practical legal solutions and personal service. As Managing Partner of Soloway Group PC, he advises startups, growing companies and investment funds on key issues, from formation to fundraising, stock issuances, trademarks and general business. He started out structuring funds and transactions at PwC before launching his own firm in 2009. He has been a partner in several New York law firms and has founded several companies including a banking firm, a real estate business, and a Cleantech company. Joshua has also served as Chief Legal Officer and Chief Strategy Officer of several companies in the tech, real estate, consulting, and sustainability industries. Prior to law school he was an early employee at a SoftBank-backed startup until it’s acquisition. Over the years, Joshua has helped many clients to launch, finance and grow successfully.
"Very competent attorney who gets to the point quickly and cheerfully."
September 15, 2023
Sarah F.
Sarah brings together her accounting and legal background to help solve client problems. Sarah couples her broad, general commercial legal background with our client’s international and business problems to arrive at elegant solutions that work for their business.
September 14, 2023
Benjamin T.
I’m an Attorney working out of Marion, Ohio. Born and raised in Toledo, Ohio. I completed undergrad at the University of Toledo. I completed law school at Barry University in Orlando, Florida.
September 14, 2023
Rachel B.
I am a new attorney who is licensed to practice in Connecticut and Massachusetts. I am waiting for bar admission to North Carolina. I have over 20 year of experience working in both the public and private sectors. I am a fierce advocate for my clients and am committed to delivering solutions for clients with excellence.
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