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E-2 visa
The E-2 Investor Visa allows an individual to enter and work in the United States based on an investment in a U.S. business. The E-2 visa is valid for three months to five years (depending on the country of origin) and can be extended indefinitely. The investment must be "substantial", although there is no legally defined minimum. The E-2 visa is available only to citizens of certain countries.
E-2 visas are also available to non-investor employees of the business, as long as the persons are of the same nationality as the investor and are destined for a role in the US business that is either executive/supervisory or requires specialized skills that are essential to the efficient operation of the US enterprise.
For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCIS will use an "Inverted Sliding Scale" to determine whether the investment is substantial in proportion to the overall cost of the enterprise. The E-2 visa investor must have a controlling interest in the business (generally over 50% ownership).
In addition to startups, many E-2 visa investors buy a franchise or business for sale. Generally, the visa interview process is easier as the business model is proven as opposed to a startup. Most investors work with a franchise consultant (for franchises) or a business broker (for buying an independent business) to secure a profitable E-2 visa business.
Upon conclusion of the business, investors must return to their countries of origin, or change their status. The United States Department of State does not allow dual intent for this type of visa, although it is possible for E-2 visa holders to adjust their status to immigrant status (get a green card) within the United States.
According to the Foreign Affairs Manual used and adhered to by visa officers at U.S. Consulates, even though this visa type is not dual intent, an applicant does not need to prove that they "...have a residence in a foreign country which the applicant does not intend to abandon." Further, "The applicant may sell their residence and move all household effects to the United States" and this will not be held against them when applying for a E-2 visa. Visa officers handling E-2 cases are supposed to recognize that "The applicant’s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient" to show non-immigrant intent (9 FAM 402.9-4(C)).
Because there is no dedicated dependent visa class for E-2 visas, spouses and unmarried children (under 21) may receive derivative E-2 visas in order to accompany the principal immigrant. The duration of visa for a family member who is of a different nationality from the principal is determined by any reciprocal agreements between their country of nationality and the US. Only if there is no such reciprocal agreement will the duration be the same as the principal applicant. Dependents may seek employment in the US without the need to file for an EAD (employment authorization) since November 2021. Children under 21 cannot apply for work; only the spouse of the E-2 holder can.
Each visa applicant must pay a nonrefundable $315 nonimmigrant visa application processing fee and a visa issuance reciprocity fee for certain countries.
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E-2 visa
The E-2 Investor Visa allows an individual to enter and work in the United States based on an investment in a U.S. business. The E-2 visa is valid for three months to five years (depending on the country of origin) and can be extended indefinitely. The investment must be "substantial", although there is no legally defined minimum. The E-2 visa is available only to citizens of certain countries.
E-2 visas are also available to non-investor employees of the business, as long as the persons are of the same nationality as the investor and are destined for a role in the US business that is either executive/supervisory or requires specialized skills that are essential to the efficient operation of the US enterprise.
For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCIS will use an "Inverted Sliding Scale" to determine whether the investment is substantial in proportion to the overall cost of the enterprise. The E-2 visa investor must have a controlling interest in the business (generally over 50% ownership).
In addition to startups, many E-2 visa investors buy a franchise or business for sale. Generally, the visa interview process is easier as the business model is proven as opposed to a startup. Most investors work with a franchise consultant (for franchises) or a business broker (for buying an independent business) to secure a profitable E-2 visa business.
Upon conclusion of the business, investors must return to their countries of origin, or change their status. The United States Department of State does not allow dual intent for this type of visa, although it is possible for E-2 visa holders to adjust their status to immigrant status (get a green card) within the United States.
According to the Foreign Affairs Manual used and adhered to by visa officers at U.S. Consulates, even though this visa type is not dual intent, an applicant does not need to prove that they "...have a residence in a foreign country which the applicant does not intend to abandon." Further, "The applicant may sell their residence and move all household effects to the United States" and this will not be held against them when applying for a E-2 visa. Visa officers handling E-2 cases are supposed to recognize that "The applicant’s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient" to show non-immigrant intent (9 FAM 402.9-4(C)).
Because there is no dedicated dependent visa class for E-2 visas, spouses and unmarried children (under 21) may receive derivative E-2 visas in order to accompany the principal immigrant. The duration of visa for a family member who is of a different nationality from the principal is determined by any reciprocal agreements between their country of nationality and the US. Only if there is no such reciprocal agreement will the duration be the same as the principal applicant. Dependents may seek employment in the US without the need to file for an EAD (employment authorization) since November 2021. Children under 21 cannot apply for work; only the spouse of the E-2 holder can.
Each visa applicant must pay a nonrefundable $315 nonimmigrant visa application processing fee and a visa issuance reciprocity fee for certain countries.