E-2 Visa Investor Visa and Eligibility Criteria

Published: March 2, 2023

The business industry is one of the backbones of the US economy. This industry employs 59 million workers, accounting for 48% of the national labor force. Besides residents, the government encourages noncitizens to invest in businesses within the country. Interested parties may do so through the E2 visa. 

E-2 visa holders possess special privileges. For business investors, accessing the US market may open countless opportunities for financial growth and stability. But before acquiring this visa, learn about what the application process entails. Doing so will help set realistic expectations. Also, being well-informed could reduce your chances of committing application errors.

What is an E-2 visa?

The E-2 visa category is for treaty investors. It is a nonimmigrant visa enabling citizens of a treaty country to invest substantial capital in a US-based business. This visa may cover eligible employees of the treaty investors. While the E-2 visa does not have a designated dependent visa class, the principal applicant can bring their spouse and unmarried minor children to the US.

Treaty investors and their employees can stay within the country for two years. However, they may request an extension of stay, which comes in increments of up to two years each. No limit exists to how many extensions an E-2 visa holder asks for.

Who are eligible for E-2 visa?

There are multiple E-2 visa requirements and conditions that determine the eligibility of an applicant. Study the following:

Citizenship

The E-2 visa is exclusive to citizens of a treaty country. Treaty countries are countries with a treaty of commerce and navigation or international agreement with the US. The following are considered as treaty countries:

Purpose of coming to the US

The applicant should be investing or in the process of investing substantial capital in a US-based business. Their purpose is to maintain and develop the said business. Treaty investors should also actively participate in the business operations and its activities.

Being an essential employee

As mentioned earlier, employees could also qualify for an E-2 visa. If an applicant is not an investor, they should fulfill an essential role in the company. They should be exercising more than a clerical or administrative position. Ideally, they should be in a supervisory, managerial, or executive post.

Type of investment

Besides being substantial, the business investment should be a commercially operating enterprise. Speculative investments are not allowed. It should also significantly impact the specific state where the applicant wishes to start a business. Companies should be careful dealing with E-2 visa requirements.

Intent to depart

Since an E2 visa is a nonimmigrant visa, treaty investors should intend to leave the US upon the expiration or termination of their status. If treaty investors intend to be permanent residents or US citizens, they should file for an adjustment of status.

For clarification, consult an E-2 visa attorney if you have questions about these requirements.

Conditions to keep E-2 visa status 

Treaty investors or their employees can only work for the business they applied for when the USCIS approves the E-2 visa. However, they could work for the business’s parent company or its subsidiaries if the following conditions are met:

• a relationship between the treaty company and the other companies is established
• those under subsidiary employment must possess either executive, supervisory, or essential skills
• no change in the terms and conditions of employment

The USCIS should approve all substantial changes in the terms and conditions of an E-2 visa. A substantial change may refer to mergers, acquisitions, the sale of the division where an E-2 employee was employed, or any changes that alter the treaty investor or employee’s previously approved relationship with the company.

Can E-2 visa holders apply for a green card? 

As mentioned earlier, the E-2 visa is a nonimmigrant visa. On its own, this visa may not grant holders permanent residency in the US. Thus, those intending to be permanent residents must undergo a transition. They should petition for immigrant visas.

There are several routes to permanent residency. But more than choosing which path fits an applicant’s circumstances best, they should determine if they qualify.

Applying for a green card is entirely different from nonimmigrant visa processes. There are several green card errors that applicants should avoid to ensure a smoother application process.

E-2 Visa Processing Time 

There is no guarantee that an E-2 visa application will finish within a particular period. Some may have their processes longer, while others only require a few months.

The typical estimate for E-2 visa processing is between 6 months to 2 years. Applicants should remember that the processing time will vary per applicant and their circumstances.

Applicants intending to hasten their E-2 visa application may opt for premium processing. By paying a fee, the USCIS may speed up the processing of your application.

Do you need a E-2 visa lawyer? 

Partnering with an E-2 visa lawyer will provide relief and security for applicants. The expertise and experience that E-2 visa lawyers possess can immensely improve the chances of approval. They can guide applicants in preparing and submitting the requirements to appropriate agencies.

Hiring E-2 visa attorneys entails additional costs, but partnering with reliable ones is a worthy investment. Besides legal advice, they can also represent immigrants in court should complications ensue. They could also prevent such legal issues from existing. ALG Lawyers has well-rounded legal services to support E-2 visa applicants.

Experienced Los Angeles-Based E-2 Visa Lawyers Can Help You

Applying as an E-2 treaty investor should not be grueling and draining. To simplify all processes and prevent potential complications, partner with reliable E-2 visa lawyers. ALG Lawyers comprises a team of experienced lawyers and legal assistants ready to support your soon-to-be life in the US. We are more than happy to work on your immigration-related concerns.

ALG Lawyers has helped hundreds obtain visas, update their immigrant status, and become US citizens. We also represented some of their legal problems in court and other immigration offices. Please let us know your needs so we can address them right away.