An E-2 Treaty Investor Visa enables a national of a treaty country to “direct and control” the operations of a qualifying E2 business from inside the United States.
An E-2 Specialist Worker Visa allows specialist workers with the same nationality as the owner of an E2 business to work in the United States.
A derivative E-2 Visa allows certain family members of a principal E2 visa holder to lawfully reside in the United States and work for any employer in the United States.
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The Foreign Affairs Manual (“FAM”) contains the US State Department’s instructions to consular officers when adjudicating E visa applications. While supporting documentation requirements do vary by consulate, the FAM does not.
You will need to prove to a consular officer that you meet each of the E2 visa requirements. For ease we have included the citation to FAM for each requirement.
The first decision is whether to file for Change of Status (“COS”) to E2 status from within the United States or for an E2 visa at a US consulate. E2 status is different to an E2 visa. E2 visas can only be obtained from a US consulate outside the United States.
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The application procedure for the US E visas is unique in that it does not involve an application to the US Department of Homeland Security (“DHS”) or US Citizenship and Immigration Services (“USCIS”).
DHS and USCIS only adjudicate an US E2 visa Change of Status cases and extension of E2 status cases filed from within the United States.
USCIS and DHS are not involved in the initial adjudication of an E visa. This gives E1 and E2 visas a significant advantage in terms of processing time.
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The second decision is which consulate to use. The consulate where the applicant lawfully resides will process the application fee and adjudicate an E visa application. In addition to the consulate where an applicant resides, the consulate in an applicant’s home country or even the consulate where an applicant is visiting may be willing to adjudicate and application.
DHS and USCIS do adjudicate E2 visa Change of Status cases and extension of E2 status cases filed from within the United States. E2 status is different to an E2 visa. E2 visas can only be obtained from a US consulate outside the United States.
Most visas involve two steps: (1) adjudication by DHS/USCIS; and (2) visa processing by the applicable consulate. E visa application are made directly at a US consulate. USCIS and DHS are not involved in the initial adjudication of an E visa. This gives E1 and E2 visas a significant advantage in terms of processing time.
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The consulate where the applicant lawfully resides will adjudicate an E visa application. In addition to the consulate where an applicant resides, the consulate in an applicant’s home country or even the consulate where an applicant is visiting may be willing to adjudicate and application.
You would not pay tax on non-US income unless you meet the Substantial Presence Test. Please make an appointment with our tax lawyers.
Processing times for the E2 Visa are relatively quick. The E2 visa is processed at US embassies and consulates and applicants do not need to wait for approval by the US Citizenship and Immigration Services (USCIS). Click here to find out the latest waiting times at your nearest embassy or consulate.
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To qualify for an E2 category visa, you must be a citizen of an eligible E2 Treaty Country listed below. A more comprehensive list is available by following this link. Even if you are not a citizen of one of the e2 visa countries on this list you will need to obtain an E2 qualifying nationality.
It is still possible to obtain an E2 Treaty Visa, even if your country is not on the list above. The process involves first becoming a citizen of an E2 Treaty Country before applying under the visa E2 program.While this process involves an extra step, Davies & Associates has helped many clients obtain their E2 category visas this way.
For investors from qualifying treaty countries who are interested in and willing to own and run businesses, the E2 category visa provides a way to reside in the U.S.
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No. In fact, there are several ways you can meet the E2 visa investment requirement. Davies & Associates clients frequently use various types of investments, including:
If you have any questions or need more information about the validity of an E2 visa, please contact an e2 visa attorney at Davies & Associates.
It is important for your E2 visa business plan to clearly and successfully demonstrate how your business meets the E2 program requirements. That’s why Davies & Associates MBA attorneys partner with immigration business professionals in helping clients prepare E2 visa business plans designed with e2 visa immigration and consulate approval in mind.
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If you have any questions or need more information about the requirements of an E2 visa, please contact an e2 visa lawyer at Davies & Associates.
The E2 visa lawyer you choose can make a difference in your E2 application efforts. Best practices for selecting an E2 immigration attorney are to choose a firm that:
Note: It is possible to move to a green card from an E2 or E1 visa to a green card IS possible through BOTH the EB1(c) and EB5 programs.
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If you have any questions or need more information about visa's comparison, please contact an e2 visa lawyer at Davies & Associates
The spouse of the E2 Visa holder can move to the United States with the primary applicant. The spouse can apply for e2 visa 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 the parents to the United States.
Yes. Our firm assists E2 clients with adjusting 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 an e2 visa green card some of the common options include:
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Many clients combine the E2 and EB5 Immigrant Investor Program. This strategy enables an E2 investor to move to the US immediately on their E2 visa but to have the option of leveraging their US business to obtain an e2 visa “green card” over the longer-term.
If your E2 business becomes large enough and employs enough people, it may be eligible for a Direct EB5 visa. The minimum e2 visa investment amount is $900, 000 and the required number of jobs is ten. You must carefully consider the location of your business because only investments in Targeted Employment Areas (TEAs) are eligible for the lower $900, 000 investment amount. Outside of these areas, the requirement capital doubles to $1.8 million.
Tying your E2 business to the requirements of the EB5 program can be commercially restrictive. For example, it can be a challenge to maintain headcount to meet the EB5 rules. Failure to do so can put your Green Card at risk. As a result, many people who pursue a Green Card from E2 through EB5 prefer to invest with a Regional Center instead.
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Have worked in a related business outside the United States for at least one of the three years immediately prior to moving to the United States.
The E2 Visa can be used to start up your own business or acquire an existing business or franchise. It is vital to choose a business that is compliant with the E2 Visa rules. Our team of corporate lawyers work closely with E2 immigration team to advise clients on finding a business opportunity that meets the regulations. If you do not yet have a business in mind, contact our team who can explain the parameters and ensure your search is heading in the correct direction.
Entrepreneur Visas for the United States. The United States is very welcoming of business owners and entrepreneurs. In fact there are many different visa routes for entrepreneurs to live and work in the United States. Click here for more information about US Entrepreneur E2 Visa
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Davies & Associates has helped hundreds of families move to the United States on the E2 Visa. While there can never be any guarantees, in fifteen years we have yet to have any E2 visa application we have prepared denied when our clients have followed our recommendations.
We were in a hurry and Verdie and the team were highly responsive and supportive, even when we threw in some curve balls along the way. We had our visas approved without any issues and felt confident and well prepared for document submissions and the interview. I'd certainly recommend this team for an E2 visa process.
5 stars and a high five! Thank you Verdie and Etta for assisting us with our change of status application. They were very professional and accommodating with all our questions and concerns throughout the process. Despite the time constraint, we pulled it off and we could not have done this without you guys! Keep
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