E2 INVESTOR VISA

 ABOUT THE E2 INVESTOR VISA

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What does an E2 investor visa do?

An E-2 investor visa allows you to invest in your new business in the US or purchase an existing business and work at your company and live in the US for a prolonged period of time. E2 visas are temporary visas, but can be extended almost indefinitely as long as you and your business remain qualified.

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How do I qualify?

• You must be a national of a country that has a treaty of commerce and navigation with the US. You can find the list of countries here.

• The company must be majority-owned by foreign nationals from a treaty country.

• The investment must be active.

  • This means that your investment must be irrevocable and actively being used for operating expenses such as bills, equipment, rent, payroll, etc. Funds that are sitting in a bank account, even if it is a business account, do not qualify as an active investment.​

• The investment must be substantial.

  • There is no set amount of money that meets the definition of "substantial." It depends on what kind of business you are opening and how much startup costs are. For example, if you are starting a consulting company, it is possible to get an E-2 visa with an investment of $50,000 to $100,000, but if you are starting a vehicle manufacturing plant, you would need to invest millions of dollars.​ It can be difficult to get an E-2 visa with investments below $50,000.

• The investment must come from your personal funds.

• The investment must create jobs in the US.

  • The business that you start cannot be "marginal." In other words, it must be able to support US workers beyond you and your family.​

• You must play an essential role in your company.

  • You should be the person who will develop and direct the investment. It is also possible for treaty nationals serving the company in a managerial capacity to obtain an E2 visa.​

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Visiting the US In Preparation of an E2 Application

It is possible to visit the US on a B1 visa or through the ESTA (visa waiver) program in advance of applying for an E2 visa to begin setting up your company. However, you must be very careful to not violate any of the unauthorized employment laws during this time. The distinctions between what is and what is not allowed are complicated and require case-specific analysis. Contact us if you are thinking of traveling to the US to set up your E2 investment. We can also assist you with a B visa application.

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Our Approach

We take a personalized approach to preparing E2 visa applications. We get to know you and your company, which allows us to develop a strong and unique application that stands out from the crowd. We guide you through the process of investing in the US, prepare you for the interview with the embassy or USCIS, and work to have your application ready to submit as soon as you are qualified for the visa. This ensures there is no delay in your arrival to the US or the startup of your company.