The E-2 Investor Visa is a popular non-immigrant visa that allows foreign nationals from treaty countries to enter the United States and invest in a business. It provides a pathway for entrepreneurs and investors to live and work in the U.S. while growing their business. At American Visa Hub, we specialize in guiding clients through the E-2 visa process, ensuring you meet all eligibility requirements and maximize your chances of success.
What is the E-2 Investor Visa?
The E-2 Visa is a non-immigrant visa that allows individuals or employees of foreign nationals who have made a substantial investment in a U.S. business to live and work in the U.S. This visa is designed for those who are investing a significant amount of capital into a business in the U.S. with the intention to develop, direct, or operate that enterprise.
This visa is commonly used by:
Entrepreneurs who want to start a new business in the U.S.
Investors looking to expand their existing foreign business operations in the U.S.
Individuals seeking to manage or direct an existing U.S.-based business.
E-2 Investor Visa Eligibility
To qualify for the E-2 Investor Visa, you must meet certain criteria, which we will help you navigate at American Visa Hub. Below are the primary eligibility requirements:
1. Treaty Country Requirement
The E-2 Visa is only available to nationals of countries that have a treaty of commerce and navigation with the United States. The treaty countries include many European nations, Japan, South Korea, and many others. If you’re from a treaty country, you can apply for the visa.
2. Substantial Investment
To qualify for an E-2 visa, you must make a substantial investment in a U.S. business. There is no exact dollar amount defined by the U.S. government, but the investment must be enough to ensure the successful operation of the business and be proportional to the size of the enterprise. Common investments range from $100,000 to several million dollars, depending on the nature of the business.
The investment must be in a for-profit enterprise that is actively operating. Passive investments (such as purchasing stocks or bonds) do not qualify for the E-2 visa.
3. Control of Investment
You must own and control the investment capital, and it must be at risk in the enterprise. The U.S. government requires that the investment be at risk and not tied to a guaranteed return. You must be personally involved in the business and show that you have the capacity to direct and develop the enterprise.
4. Operational Business
The business in which you invest must be an operational business, meaning it must have the capacity to generate income and employ U.S. workers. Start-ups and existing businesses can qualify, but they must demonstrate the ability to provide a tangible economic benefit to the U.S. economy.
5. Marginality Requirement
The business must not be marginal. In other words, it must generate enough income to support not just the investor but also their family, and ideally provide jobs for U.S. workers. A business that will solely support the investor and their immediate family will not satisfy this requirement.
6. Intent to Depart
Although the E-2 Visa is a non-immigrant visa, you must show that you intend to leave the U.S. when your visa status ends. The E-2 visa is initially granted for two years, but it can be renewed indefinitely as long as the business continues to meet the criteria.
E-2 Investor Visa Application Process
Navigating the E-2 Visa application process can be complex, but American Visa Hub is here to provide personalized assistance every step of the way. Here’s an outline of the process:
Step 1: Confirm Eligibility and Treaty Country Status
Before proceeding with the application, it’s essential to confirm that your country is on the list of treaty nations. If your country has a trade treaty with the U.S., you qualify for the E-2 Investor Visa.
Step 2: Prepare Your Investment Documentation
The next step involves preparing and gathering the documentation to demonstrate that your investment meets the substantiality, at-risk, and operational requirements. Documents you will need to provide include:
Proof of investment, such as financial statements or wire transfer receipts.
Business plan detailing how your business will operate and generate income.
Evidence of your role in managing and directing the business.
We assist in preparing these documents to ensure they meet U.S. immigration standards.
Step 3: Submit Form DS-160
Complete the DS-160 online form, which is the non-immigrant visa application form. You will need to provide personal information, details about your investment, and travel history. American Visa Hub will guide you through this process to avoid common mistakes.
Step 4: Schedule and Attend the Visa Interview
Once your DS-160 is submitted, the next step is to schedule a visa interview at a U.S. consulate or embassy in your home country. During the interview, a consular officer will assess your application and documentation. Be prepared to answer questions about your business plans, financials, and the role you will play in the enterprise.
Step 5: Visa Approval and Issuance
If approved, your E-2 Visa will be stamped in your passport, allowing you to enter the U.S. and manage your business. The initial visa is typically valid for two years, and you can apply for extensions as long as you continue to meet the requirements.
Key Benefits of the E-2 Investor Visa
The E-2 Investor Visa offers several benefits to foreign nationals seeking to invest in the U.S.:
Flexibility in Investment Amount: The visa doesn’t have a fixed minimum investment, allowing for flexibility based on the type of business.
Family Eligibility: Your spouse and unmarried children under 21 can accompany you to the U.S. The spouse can also apply for work authorization.
Indefinite Renewals: The E-2 visa is renewable as long as the business continues to meet the eligibility criteria. There is no maximum limit on renewals.
Control of Your Business: The visa allows you to own and operate a business in the U.S., giving you full control of your investment.
Pathway to Permanent Residency: While the E-2 Visa is a non-immigrant visa, it can serve as a stepping stone to permanent residency (Green Card) through other pathways, such as EB-5 or employment-based Green Card options.
Why Choose American Visa Hub for Your E-2 Investor Visa?
At American Visa Hub, we specialize in helping investors navigate the complexities of the E-2 Visa application process. Our team of experienced immigration professionals will provide you with comprehensive support and expert advice to ensure that your visa application is as strong as possible.
Our services include:
Eligibility Assessment: We’ll help determine if you meet the requirements for the E-2 Visa and guide you in choosing the best path forward.
Document Preparation: We assist with gathering and organizing all necessary documentation, including business plans, investment proof, and financial records.
Visa Filing Support: From completing forms to preparing for the consular interview, we provide step-by-step guidance to ensure your application is accurate and complete.
Ongoing Support and Extensions: We help you with visa extensions, keeping your E-2 status active as long as you continue to meet the requirements.
E-2 Investor Visa FAQs
How much money do I need to invest for an E-2 Visa? There is no set minimum for investment, but it must be substantial enough to ensure the success of the business. Typical investments range from $100,000 to several million.
Can I bring my family with me on the E-2 Visa? Yes, your spouse and unmarried children under 21 can join you on an E-2 dependent visa. Your spouse can also apply for work authorization.
Can I switch businesses after receiving an E-2 Visa? If you want to change businesses, you must ensure that the new investment still meets the visa requirements. This may require a new application or amendment of your current status.
How long can I stay in the U.S. on an E-2 Visa? The E-2 Visa is granted for up to two years. It can be renewed indefinitely as long as the business remains operational and meets the requirements.
Conclusion
The E-2 Investor Visa offers a unique opportunity for foreign nationals to live, work, and invest in the United States. At American Visa Hub, we provide expert assistance to ensure that your investment and business meet the necessary requirements for visa approval. Whether you are starting a new business or expanding an existing one, we’re here to guide you through the application process and help you achieve your entrepreneurial goals in the U.S.
Contact us today to learn how we can assist you with the E-2 Investor Visa and help you make your U.S. business venture a success.
There is no set minimum for investment, but it must be substantial enough to ensure the success of the business. Typical investments range from $100,000 to several million.
Yes, your spouse and unmarried children under 21 can join you on an E-2 dependent visa. Your spouse can also apply for work authorization.
If you want to change businesses, you must ensure that the new investment still meets the visa requirements. This may require a new application or amendment of your current status.
The E-2 Visa is granted for up to two years. It can be renewed indefinitely as long as the business remains operational and meets the requirements.