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E-2 Visa is Suitable For:
Entrepreneurs from treaty countries investing substantially in a U.S. enterprise
Nationals of treaty countries entering the U.S. to develop and direct
investments from the treaty country
Nationals of treaty countries entering the U.S. to develop and direct the
operations of an enterprise in which they have invested, or they are actively in
the process of investing a substantial amount of capital
Immediate family members of E-2 visa holders
Companies in treaty countries to send key personnel to manage the U.S. affiliate
or branch
Companies in treaty countries to send personnel to setup a U.S. company
1. What is E-2 treaty investor visa?
The E-2 treaty investor visa is a nonimmigrant visa which allows foreign
entrepreneurs from treaty nations to enter into the U.S. and carry out
investment and trade activities.
Note: Investment activities include purchase of a new business. The investment
must be significantly proportional to the total investment, that is, usually
more than half the total value of the enterprise or, if a new business, an
amount normally considered necessary to establish the business.
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Treaty Investor Countries
Albania Argentina Armenia Australia Austria Azerbaijan Bahrain Bangladesh
Belgium Bolivia Bosnia and Herzegovina Bulgaria Cameroon Canada Chile China
(Taiwan) Colombia Congo (Brazzaville) Congo (Kinshasa) Costa Rica Croatia Czech
Republic Ecuador Egypt Estonia Ethiopia Finland France Georgia Germany Grenada
Honduras Iran Ireland Italy Jamaica Japan Jordan Kazakhstan Korea (South)
Kyrgyzstan Latvia Liberia Lithuania Luxembourg Macedonia, the Former Yugoslav
Republic of (FRY) Mexico Moldova Mongolia Morocco Netherlands Norway Oman
Pakistan Panama Paraguay Philippines Poland Romania Senegal Singapore Slovak
Republic Slovenia Spain Sri Lanka Suriname Sweden Switzerland Thailand Togo
Trinidad & Tobago Tunisia Turkey Ukraine United Kingdom Yugoslavia
2. How do I qualify for E-2 visa?
To qualify for E-2 visa:
• You must be the national of the country that has an investor treaty with the
U.S. and you are involved in international trade
• You must be serving your company in a capacity that is supervisory or
executive in nature or involves skills essential to the operation of the
business (key employee); or you are a 50 per cent owner of the company
• Your nationals own at least 50 per cent of the stock of your company i.e. the
firm has the nationality of the treaty country
• You are investing or your company has invested substantial amount that is at
risk, meaning subject to potential loss if the business does not succeed, in a
bona fide enterprise in the U.S.
• The U.S. business will involve in active trade or rendering of services
• You intend to depart at the conclusion of your duties in the U.S.
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3. What is a 'substantial investment'?
An investment of at least $200,000 is considered substantial. However, it is not
fixed and there are a few consulates which accept as low as $100,000, while a
few demand as much as $500,000. Ideally $200,000 would be the most appropriate
figure.
Note 1: These figures are not the regulations of the USCIS, but they reflect our
experience in these cases over the years.
Note 2: If the investment becomes equal or greater than $500,000, you may
petition for permanent immigration status if you meet the required criteria.
4. What privileges do I enjoy on E-2 visa?
On E-2 visa, you may:
• Work legally in the company that is the investment vehicle in the U.S.
• Travel freely in and out of the U.S.
• Stay on a prolonged basis with unlimited two year extensions as long as you
maintain E-2 qualifications
• Bring your dependents or accompanying relatives and your spouse may also work
while in the U.S.
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5. What are the limitations of E-2 visa?
• E-2 visas are available only to nationals of countries having trade treaties
with the U.S.
• You are restricted to work only for the specific employer or self-owned
business that acted as your E-2 visa sponsor
• E-2 visas are approved for two years at a time which makes the
application/extension process cumbersome
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6. How long can I stay in the US on investor visa?
You may stay on a prolonged basis with unlimited five year visa extensions or
two year status extensions as long as you maintain E-2 qualifications. There is
no limit on the number of extensions you can take.
7. How do I apply for extension of stay on E-2 visa?
To apply for E-2 extension you must submit Form I-129, Petition for Nonimmigrant
Worker, along with E Supplement and submit Form I-539, Application to Extend or
Change Nonimmigrant Status, for accompanying relatives. Along with it you must
submit:
• Copy of your Form I-94 Arrival-Departure document
• Copy of original Form I-797, Notice of Action, if your status was previously
approved or extended in the U.S. or
• Copy of your complete passport including the E-2 visa
• Letter from your employer stating that your extension is required and
• Copy of your personal and U.S. business income tax returns for the past two
years, including payroll tax returns
Note: If you file for extension before the expiry of your I-94 you may continue
working for 240 days while waiting for the decision. If you file after the
expiry of the visa you may stay up to 40 days awaiting the decision. If there is
no decision within the 40 days you are supposed to leave terminating your work
in the U.S.
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8. Can I revalidate my E-2 visa?
No, you may not apply for visa revalidation of your E-2 visa by mail without
leaving the U.S.
9. Can I change status while on E-2 visa?
Yes, you may apply for change of status while on E-2 visa. You must submit Form
I-129, Petition for Nonimmigrant Worker, indicating your change of status with
appropriate supporting documents.
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10. Are there any travel restrictions on E-2 investor visas?
No, there are no travel restrictions on E-2 visa. You may travel as many number
of times as required before the expiry of your E-2 status. The USCIS also does
not impose any time limit on your stay abroad.
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11. Can I study on E-2 visa?
Yes, you may study on E-2 visa, however, you may not join a full length program
like an F-1. You may take up a few credits at a university when they do not harm
the primary interest of the visa.
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12. Can I bring my dependents on E-2 visa?
Yes, you may bring your spouse and unmarried children under the age 21 years to
stay along with you. They may stay in the U.S. as long as you maintain a valid
E-2 status. You may also bring a domestic or personal servant on nonimmigrant
status, provided you can show that:
• He or she is not abandoning their residence abroad
• He or she has worked for you for at least one year, or has had an ongoing
employment relationship with you and has at least one year of experience as a
servant
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13. Can my dependents work on E-2 visa?
Yes, your spouse may seek employment by applying for Employment Authorization
using Form I-765, Application for Employment Authorization.
14. Can my dependents study on dependent E-2 status?
Yes, your dependents may join U.S. schools, colleges and universities, and do
not have to apply for separate student visa such as an F-1 visa.
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15. How do I apply for E2 visa?
The following documents should be presented, when applying for an E2 visa:
• Completed and signed Form DS-156, Nonimmigrant Visa Application
• Completed and signed Form DS-156E, Treaty or Trader Investor Application
• Documents that establishing the nationality of your company
• A letter from your employer detailing your position and stating that you
possess highly specialized skills essential for the efficient operation of the
firm
• Evidence of investment in the U.S.
• Other documents relevant to the case such as marriage and birth certificates
of you and your family members
• A passport valid for travel to the U.S and with a validity date at least six
months beyond your intended period of stay
• Two photographs (37 x 37mm) for each member listed in the visa application.
The picture should be taken before a light background and without head covering
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16. Where should I file my E-2 visa application?
• If you are in a lawful status in the U.S., submit the visa application to a
USCIS field office in the U.S.
• If you are outside the U.S., submit the visa application to the U.S. consular
office in your home country
17. What is the processing time for E2 visas?
The processing time for E2 visas is generally between two and four weeks from
the filing of the application, however, it may take longer in some Consular
posts. This may vary depending upon the work load in the U.S. Consulate you
choose to apply.
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18. Can I apply for Green Card while on E-2 visa?
Yes, you may apply for Green Card while in the U.S. through the following
options:
• Family Based Immigration: If you have close relatives who are U.S. citizens or
U.S. permanent residents, the relatives may file an immigration petition for you
as the beneficiary
• Employment Based Immigration (Labor Certification): You can attain immigrant
status through employment-based immigration. You may find an employer who is
willing to file a Labor Certificate for you with the DOL
• EB-1: You may also file an immigration petition based on the classification of
‘Alien of Extraordinary Ability’ - EB-1(A) or ‘Multinational Manager or
Executives’ - EB-1(C)
• National Interest Waiver: You can also file an immigration petition through a
National Interest Waiver (NIW). National Interest Waivers are available to
foreign nationals who are seeking work in a profession and who have an advanced
degree (or equivalent experience) or can prove themselves as ‘aliens of
exceptional ability’
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