11th November 2024
The E2 visa USA for Treaty Investors allows foreign nationals to come to the US either to set up or invest in a US-based company.
While the E2 visa offers many benefits, it also comes with restrictions on the permissible activities, and the eligibility criteria are strict.
The E2 visa application process is also complex and demanding on applicants. Before you can apply for an E2 visa, either as an investor or an E2 employee, the company must first apply to be registered as an E2 treaty investor business.
You must also have already made investment in the US business prior to your E2 visa application – with no guarantees of success.
This means professional advice is crucial to optimise your visa application to allow you to run your own company in the USA.
NNU Immigration are E2 visa lawyer specialists. With exceptional knowledge and insight into the visa application processes, we advise non-US entrepreneurs and investors, their dependents and their employees on available US visa and immigration options, including the E2 visa, providing full support submitting applications to the relevant US authorities.
Contact our US immigration experts
For advice on any aspect of a US visa application, contact our US immigration attorneys.
For advice on any aspect of the E-2 visa application, contact our US immigration attorneys.
For advice on any aspect of the E-2 visa application, contact our US immigration attorneys.
The E2 visa is a non-immigrant visa category allowing individuals from certain treaty countries to enter and work in the United States based on a substantial investment. This means that with an E2 visa, you can run your own company in the US.
The primary appeal of the E2 visa lies in its flexibility, including the ability for the E2 visa holder’s spouse and unmarried children under 21 to live in the US with them, and that they can be accompanied by key employees, and the fact that the visa can be renewed indefinitely, provided the business remains eligible.
For investors, the E2 visa offers access to the lucrative US market, while also providing a life-changing opportunity for their families to live and study in the country.
The E2 visa application process can be complex and demanding, making expert advice critical to attaining a successful outcome.
At NNU Immigration, our team of E2 visa lawyers assist investors, their employees and family members throughout the E2 application process.
As well as application support, we also offer legal representation, liaising with the relevant US authorities on our clients’ behalf, and strategic advice, ensuring that every aspect of your application aligns with the stringent requirements of the E2 visa program.
With our support, our investor clients can avoid common pitfalls, streamline their application process, and focus on what they do best: growing their businesses.
Application Preparation
We provide comprehensive guidance on the documentation and evidence needed to support the application, ensuring it meets all legal requirements.
Legal Strategy
As experienced E2 attorneys, we help with devising a legal strategy that highlights the strengths of the investor’s case, addressing potential issues proactively.
Compliance
We provide advice to ensure the investment complies with E2 visa requirements, including the source of funds and the investment’s substantiality and at-risk nature.
Renewals and Changes
We assist with E2 visa renewals and any necessary adjustments to maintain visa status in response to changing business needs.
Family and Employees
We also advise on how to include family members and key employees in the E2 application process, ensuring that the investor’s move to the US is as smooth as possible.
The E2 Treaty Investor Visa opens doors for entrepreneurs and investors from treaty countries to live and work in the United States, provided they meet specific eligibility criteria.
By partnering with our experienced E2 attorneys, we will provide you with clarity on these criteria, assist with the compilation of the necessary documentation, and offer strategic advice on how to strengthen your application, ensuring that your investment not only meets the criteria but also has the best possible chance of success in the application process.
The key requirements to be met for an E2 visa include:
| E2 Criteria | Description |
|---|---|
| Nationality | The applicant must be a national of a treaty country with which the United States maintains a treaty of commerce and navigation. |
| Substantial Investment | The investor must have made, or be in the process of making, a substantial investment in a bona fide enterprise in the United States. There’s no fixed minimum amount, but the investment must be significant relative to the total cost of either purchasing or establishing the enterprise. |
| Business Viability | The investment must be in a real and operating commercial enterprise. Speculative or idle investments do not qualify. The business must generate more than enough income to provide a minimal living for the investor and their family, or it must have a significant economic impact in the United States. |
| Control of Funds | The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed. |
| Intent to Depart | The applicant must intend to depart the United States when their business in the country is completed, though there is no requirement to maintain a foreign residence. The E2 visa is for individuals looking to engage in substantial trade activities or to develop and direct the operations of an invested enterprise. |
| Active Involvement | The investor must be coming to the United States to develop and direct the enterprise. If the applicant is not the principal investor, they must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify. |
For more detailed advice, take a look at our comprehensive E2 visa guide here.
As experienced E2 visa lawyers, we offer valuable insight and knowledge into the visa application process.
The E2 visa application process is nuanced, with each step presenting its own challenges. There are also notable variations in how different Consulates and Embassies process E2 visa applications. Understanding these details will be important to avoid processing issues or delays, or potentially even an application refusal.
In general, you can expect the process to involve the following steps:
Step 1. Determine Eligibility
Before embarking on the application process, it’s crucial to confirm your eligibility. This involves assessing your nationality, investment size, and business plans against the E2 visa requirements. An E2 visa lawyer can provide an initial consultation to evaluate your eligibility and advise on the best course of action.
Step 2. Make a Substantial Investment
The core of the E2 visa application is proving a substantial investment in a bona fide enterprise in the US. This includes funds that are irrevocably committed to the business. Documentation of this investment is critical, and an E2 visa lawyer can help ensure your investment meets the necessary criteria and is documented correctly.
Step 3. Prepare Your Application
Compilation of the E2 visa application involves gathering detailed documentation, including proof of investment, business plans, and evidence of the enterprise’s viability. Your E2 visa lawyer will guide you through this documentation process, helping you to compile a comprehensive and compelling application package.
Step 4. File the Application
The completed application and supporting documents are filed with the relevant US embassy or consulate in the applicant’s home country or country of residence. The specifics of this process can vary by location, and an E2 visa lawyer can provide guidance tailored to the consulate’s requirements.
Step 5. Attend the Visa Interview
Once the application is reviewed, the applicant will be invited for an interview at the US embassy or consulate. Preparation for this interview is key, and an E2 visa lawyer can offer valuable insights into the types of questions asked and how best to respond.
Step 6. Visa Approval and Entry into the US
If the application is successful, the E2 visa will be granted. Your E2 visa lawyer can advise on the next steps, including entry into the US and compliance with E2 visa conditions.
The E2 Treaty Investor visa is a highly valuable route for international entrepreneurs, business owners and investors seeking to enter and operate within the US market, offering many advantages and benefits:
Gateway to the U.S. Market
The United States boasts one of the world’s largest and most dynamic economies, offering a fertile ground for businesses across various sectors. The E2 visa provides investors with direct access to this market, allowing them to establish, purchase, or invest in US businesses. This access is crucial for global entrepreneurs looking to expand their operations, innovate, and compete on an international scale.
Flexibility and Renewal Potential
Unlike many other visa categories, the E2 visa is renewable indefinitely as long as the underlying business remains operational and continues to meet all the necessary criteria. This feature offers long-term stability to investors, who can focus on growing their businesses without the constant concern of visa expiration looming over their endeavors.
Opportunity for Family Involvement
The E2 visa allows investors not only to live in the US but also provides opportunities for their immediate family members, including spouses and unmarried children under 21, to join them. Spouses of E2 visa holders may also seek employment in the US, contributing further to the family’s financial stability and integration into the American way of life.
Strategic Investment and Growth
Investing under the E2 visa program requires careful planning and a strategic approach, ensuring that the investment is not merely passive but actively contributes to the US economy. This stimulates not only personal growth for the investor but also job creation and development in the local community, aligning personal success with broader economic impact.
NNU Immigration specializes in E2 visa applications, providing a full range of services designed to navigate the complexities of the immigration process. As a team of experienced E2 visa lawyers, we are dedicated to ensuring that your investment and relocation to the United States are as smooth and efficient as possible.
Our services include:
Initial Consultation
We begin with a thorough assessment of your case to determine eligibility and strategize the most effective approach for your E2 visa application.
Investment Analysis
Our team will guide you in making a substantial investment in a bona fide enterprise in the United States, ensuring it meets E2 visa requirements.
Business Plan Preparation
We collaborate with business analysts to craft a comprehensive and persuasive business plan, a critical component of your E2 visa application.
Documentation and Filing
Our E2 visa lawyers meticulously prepare and organize all necessary documentation, ensuring every aspect of your application is accurate and complete.
Legal Representation
From filing your application to representing you in all communications with immigration authorities, we provide expert legal representation every step of the way.
Renewal and Adjustment of Status
We offer ongoing support for visa renewals and adjustments of status and advise on compliance to maintain E2 visa status.
Underpinning our extensive experience and outstanding track record in E2 visa applications are our professional qualifications and credentials.
We are a team of US-qualified attorneys specializing in the field of US immigration law. We are recognized by the Legal 500 and Who’s Who Legal for our immigration expertise, and our Managing Attorney, Nita Nicole Upadhye, is a regular panel member, presenter and commentator on US immigration matters.
We are also proud and active members of the American Immigration Lawyers Association (AILA).
The E2 Treaty Investor Visa comes with a detailed set of requirements and a comprehensive documentation process that can be challenging to navigate without specialized knowledge.
Key complexities include:
Substantial Investment
Determining what constitutes a “substantial investment” is complex, as it varies by business type and scale. There is no minimum dollar amount specified, but the investment must be significant enough to ensure the successful operation of the business.
Source of Funds
Applicants must demonstrate that their investment funds were obtained through lawful means. This involves intricate financial documentation and proof of fund transfer.
Real and Operating Commercial Enterprise
The investment must be in a bona fide enterprise and cannot be passive. Proving this requires detailed business plans and financial projections.
Marginality Requirement
The business must not only support the investor and their family but also have a significant economic impact, creating jobs or otherwise benefiting the US economy.
Investor Control and Development
The applicant must show that they are in a position to develop and direct the business, often through ownership of at least 50% of the business or possession of operational control.
The complexity of E2 visa requirements and the documentation involved make it highly beneficial for investors to seek the expertise of an E2 visa lawyer. We not only offer tailored advice and support throughout the process, we also provide a strategic advantage in navigating the legal landscape to enhance the chances of success.
By leveraging our specialized knowledge and experience, clients can significantly increase their chances of a successful visa application. This legal assistance not only simplifies the process but also provides peace of mind that every aspect of the application is professionally managed.
Higher Success Rates
We have extensive experience with the application process and are adept at crafting compelling cases. Clients benefit from our expertise to significantly increase the likelihood of application approval.
Personalized Strategy
Every investor’s situation is unique. We develop customized legal strategies that align with the specific circumstances and goals of the investor, ensuring that the application highlights the strengths of the case.
Helpful Communication
Effective, clear, and timely communication is essential. We are recognized for being accessible, willing to answer your questions, and capable of explaining complex legal concepts in understandable terms.
Championing our Clients
We are genuinely committed to our clients’ success, offering not just legal representation but also guidance and support throughout the process.
Navigating Legal Complexities
We are highly skilled in interpreting immigration laws and regulations, addressing any legal issues that may arise and ensuring compliance with all requirements.
Efficiency and Peace of Mind
By managing the entire application process, from documentation to submission, we save investors time and reduce the stress associated with the visa application process. Investors can focus on their business while having confidence that their visa application is in capable hands.
Avoiding Delays and Denials
Mistakes in the application process can lead to delays or even denials. We are meticulous in preparing applications, minimizing errors, and optimizing the application for a smooth approval process.
Benefit from the expertise of our dedicated E2 visa lawyers through personalized, strategic support throughout the entire visa application process. Our comprehensive approach is designed to maximize your chances of success, allowing you to focus on building your business in the US with confidence.
Assessment and Eligibility
Our process begins with a detailed assessment of your eligibility for an E2 visa. This includes evaluating your nationality, investment amount, and the nature of the business venture. Our E2 visa lawyers ensure that you meet all the prerequisites before moving forward.
Strategic Investment Guidance
We provide expert advice on making a qualifying investment, including selecting the right business and structuring the investment to comply with E2 requirements. Our aim is to position your application for success from the outset.
Business Plan Development
Recognizing the importance of a solid business plan, our team works with you to develop a detailed plan that not only supports your E2 visa application but also lays a strong foundation for your business’s success in the US.
Comprehensive Documentation Support
Our E2 visa lawyers guide you through the intricate documentation process, including proof of investment, business registration, and financial statements. We ensure every document submitted meets the high standards of US immigration authorities.
Application and Filing
We handle the complete application process, from drafting your application to filing it with the appropriate US embassy or consulate. Our meticulous approach minimizes errors and optimizes your application for approval.
Ongoing Communication and Support
Throughout the process, we maintain open and regular communication with our clients. Our team is always available to answer questions, provide updates, and offer reassurance.
Post-Approval Assistance
After your E2 visa is approved, our support continues. We assist with visa renewals, adjustments of status, and advise on maintaining E2 compliance. Our goal is to ensure you and your investment thrive in the United States.
Choosing the right E2 visa lawyer can make a significant difference in the outcome of your application, offering peace of mind and increasing the likelihood of success.
At NNU Immigration, we specialize in E2 visa applications, providing personalized and comprehensive legal services to guide you through every step of the process. Our team of experienced E2 visa lawyers is committed to achieving the best possible outcomes for our clients, leveraging our expertise to address challenges proactively and streamline the application process. We understand the stakes involved and are dedicated to supporting your ambitions to invest and work in the United States.
Your investment journey in the US begins with the right legal foundation. Contact us today to start your journey towards achieving your American dream.
What is an E2 visa?
The E2 visa is a non-immigrant visa that allows nationals of treaty countries to enter and work in the United States based on a substantial investment in a US business. The visa is available to investors and certain employees of the investing company. It requires that the investment be substantial and that the business is bona fide and operates actively.
How much do I need to invest to qualify for an E2 visa?
There is no minimum investment amount required by law for the E2 visa; however, the investment must be substantial relative to the total cost of either purchasing an existing business or establishing a new one. The investment must be sufficient to ensure the successful operation of the business. Generally, the lower the cost of the business, the higher the investment must be to be considered substantial.
Can my family accompany me if I get an E2 visa?
Yes, spouses and unmarried children under 21 years of age can apply for dependent E2 visas to accompany or join the principal visa holder in the US Spouses of E2 visa holders may also apply for work authorization in the United States.
How long can I stay in the US on an E2 visa?
The E2 visa can initially be granted for up to five years, depending on the country of nationality and the reciprocity agreement with the United States. However, it can be renewed indefinitely as long as the business continues to operate and comply with E2 visa requirements.
Why do I need an E2 visa lawyer?
An E2 visa lawyer specializes in immigration law and has specific expertise in the E2 visa process. They can provide invaluable assistance in preparing your application, advising on the sufficiency of your investment, ensuring compliance with US immigration laws, and navigating any legal complexities that may arise during the application process.
How do I choose the right E2 visa lawyer?
Look for a lawyer with extensive experience in handling E2 visa applications, a high success rate, and positive client testimonials. The right lawyer should offer personalized attention, clearly communicate the process, and be responsive to your needs and questions.
Can an E2 visa lead to permanent residency?
The E2 visa itself does not provide a direct path to permanent residency (green card). However, E2 visa holders may pursue other avenues for obtaining a green card, such as through family sponsorship or employment-based categories, if eligible.
How long does the E2 visa application process take?
The processing time for an E2 visa application can vary widely depending on the specific US consulate or embassy handling the application. Generally, it can take from a few weeks to several months. Engaging an E2 visa lawyer can help streamline the process and potentially reduce delays.
| Term | Definition |
|---|---|
| E-2 Visa | A non-immigrant visa that allows nationals of certain treaty countries to enter the US to invest in and manage a business. |
| Treaty Countries | Countries that have signed a commerce and navigation treaty with the US, allowing their nationals to apply for an E-2 visa. |
| Substantial Investment | An investment amount that is significant in relation to the total cost of the business and sufficient to ensure the enterprise’s successful operation. |
| At Risk | The requirement that the investor’s capital must be subject to potential loss, indicating it is committed to the business’s success, not in a passive form. |
| Marginal Business | A business that only generates enough income to support the investor and their family, which can lead to visa denial. |
| Non-Immigrant Visa | A visa that allows a foreign national to enter the US temporarily for a specific purpose, without providing a direct path to permanent residency. |
| Renewal | The process of extending the E-2 visa, which depends on the continued viability and activity of the business. |
| Permanent Residency | Also known as a Green Card, it allows a foreign national to live and work in the US indefinitely, which the E-2 visa does not automatically provide. |
Need specialist advice? Speak to our experts.
Need specialist advice? Speak to our experts.
NNU Immigration is a leading firm of US immigration attorneys advising companies, entrepreneurs, investors, individuals & families from across the globe.
NNU Immigration is registered in England & Wales Company No. 09815477.
Address: Thomas House, 84 Eccleston Square, London, UK, SW1V 1PX
NNU Immigration is registered in England & Wales Company No. 09815477.
Address: Thomas House, 84 Eccleston Square, London, UK, SW1V 1PX
© Copyright 2024
NNU Immigration is registered in England & Wales Company No. 09815477.
Address: Thomas House, 84 Eccleston Square, London, UK, SW1V 1PX