WHAT IS AN E-2 VISA?

Own and operate a business in the United States. The E-2 Treaty Investor Visa allows the national of an E-2 Treaty Country to move to the United States with their spouse and dependent children to invest in and direct a business they own. You can start up a new business or acquire an existing business/franchise. However, it is vital to discuss the business plan with an immigration attorney before proceeding.

The E-2 Visa offers many advantages, including:

• Relatively low investment expectations (usually > $100,000)
• Ability to travel freely to and from the United States
• Unlimited renewals, potentially for the rest of an applicant’s life
• The ability for a spouse to work in the US
• Option to purchase a business or business franchise
• Quick processing times
• Potential tax benefits over permanent residents
• Ability to transition to a Green Card at a later stage

E-2 VISA BASICS

If you are an investor from a qualifying treaty country then an E-2 visa may allow you to live in the United States to own and run a qualifying business or enterprise.

Advantages and Features of an E-2 Visa

• An E-2 visa can be obtained very quickly.
• There is no annual quota limitation for the E-2 visa.
• An E-2 visa is unique in that involves one-step processing in a consulate. USCIS is not involved in the process unless you apply to change status from within the USA.
• The spouse of an E-2 visa holder can obtain status enabling them to work in the USA.
• The minor children of an E-2 visa holder can obtain lawful status to reside and study in the United States.
• Investors can qualify either by starting a new business or purchasing an existing business.

DOES E-2 INVESTMENT NEED TO BE CASH?

No. Our clients frequently use the following forms of investment to qualify for the E-2 visa:

• Stocks of Inventory
• Patents and Trademarks
• Licenses Granted from Foreign and other Businesses
• Equipment, machinery and other tangible assets that are relevant to the operations of the E-2 company
• Cash in an Escrow Account

HOW MUCH INVESTMENT IS REQUIRED FOR E-2?

There is no minimum investment required for an E-2, but it must be reasonable and “substantial” given the nature of the business. While consulates are generally looking for a minimum investment of USD 100,000, E-2 visas are approved with lower investment amounts.

Thus an investment of USD 200,000 to build a plant that makes 747 aircraft will not qualify as it is insufficient for the purpose. On the other hand, an investment of less than USD 100,000 in a small coffee shop employing US workers may be sufficient.

HOW LONG IS E-2 VISA VALID FOR?

• E-2 visas can initially be granted for any period up to five years (depending on the reciprocity schedule), during which time the holder may travel freely in and out of the U.S.
• E-2 visas are renewable indefinitely, meaning that they can be renewed as long as there is a need to manage and direct the underlying business

WHAT IS REQUIRED FOR AN E-2 VISA BUSINESS PLAN?

A well-drafted immigration business plan is usually critical in E-2 visa cases.

In our experience the preparation of a business plan that demonstrates how your business meets the requirements of the E-2 visa program is critical. For that reason, our Wharton MBA lawyers work with a specialist team of immigration business analysts to prepare business plans that meet the approval of the toughest immigration and consular officers.

CAN MY FAMILY MOVE WITH ME ON AN E-2 VISA?

The spouse of the E-2 Visa holder can move to the United States with the primary applicant. The spouse can apply for work authorization to work for any US employer. This offers considerably more employment flexibility than the H-1B visa because it is not tied to any specific employer and can be renewed indefinitely (whereas H-1B is limited to a maximum of 6 years). Dependent children under the age of 21 can also accompany their parents to the United States.

CAN I CONVERT MY E-2 VISA TO A GREEN CARD?

Our firm assists a large number of E2 visa clients to adjust from their E visa status to that of “Green Card” holder, or Permanent Resident in the United States. While no US non-immigrant visa automatically leads to a Green Card some of the common options include:

WHERE TO APPLY FOR AN E-2 VISA

Applying for an E2 Visa from Outside the United States

The E2 and E1 visas are unique in that the entire application process is handled by a US consulate. With most other visa types USCIS approval has to be secured before making a visa application at a US consulate. You can apply to become an E-2 Treaty Trader at a U.S. Consulate abroad.

Applying for E2 Status from Inside the United States

It is only possible to obtain a “visa” from a US consulate outside the United States.

By filing a petition with US Citizenship and Immigration Services (USCIS), an applicant currently in legal non-immigrant status in the United States can change status to an E2 “status”.

Because a change of status from within the United States does not grant the applicant a new visa, during your next trip abroad you will need to apply for a visa from a U.S. Consulate to reenter the United States with E-2 status.