E2 Visa Guide: Understanding the Treaty Investor Visa, Requirements, and Eligibility

Introduction

The “E” type of visa issued by the USCIS is a category in which there is a treaty between the country from where the applicant is and the United States. The E-2 Treaty Investor visa is ideal for foreign investors and entrepreneurs seeking to invest in or manage a business in the United States. 

What Is An E-2 Treaty Investor Visa?

The E-2 treaty investor visa is a visa that is issued explicitly to individuals from countries with which the United States has a treaty of Commerce and navigation for investing and managing a business in the United States.

What are the qualification criteria for the E-2 Investor Visa?

To qualify for the E-2 investor visa, the applicant must meet the following critical criteria:

1. The applicant must be of a country with which the U.S. has a treaty.
2. The applicant must have already invested or is in the process of investing a substantial amount of capital in a business in the U.S. 
3. The investment made by the applicant must be significantly relative to the total cost of purchasing or starting the business. 
4. The applicant must provide evidence that he is interested in business and is involved in its management.
5. The investor, who is the applicant, must seek to enter the U.S. to develop and direct the business inside states, for which he must demonstrate ownership of at least 50% of the enterprise or show that they have operational control in the business.
6. One essential requirement is that the enterprise/ business in which the applicant is investing should be relevant to the U.S. economy and a bona fide enterprise.
7. The funds invested by the applicant must not have been illegally obtained, and they should be at risk of loss if the business goes down.

How long can an E-2 Visa holder stay in the U.S.?

E-2 treaty investor visa is a temporary non-immigrant visa wherein the applicant is usually granted a stay of up to 2 years. However, USCIS can extend the stay of the applicant if required for 2 years more. Furthermore, the applicant can leave the United States and return with a valid visa to extend their stay, as there is no restriction on the number of times the E-2 visa can be renewed.

What is the E-2 Visa Timeline?

The E-2 visa application process timeline differs based on your circumstances, that is, whether you are applying from within the U.S. or outside the U.S.:

• Applicants already in the United States and are applying for a change of status to an E 2 investor visa can expect a decision within 2.1 months. If you are in a hurry to get the decision from USCIS, there is an option wherein you can request premium processing with an extra fee, which will help you get the decision within 30 days. 
• If the applicant is not in the United States, the timeline is based on the specific U.S. embassy from which the applicant is applying. Some consulates may process applications within weeks, while others may take several months. The U.S. Department of State website provides resources for locating U.S. consulates and their processing timelines.

How to apply for an E-2 Visa?

Similar to processing time, the process for applying for an E-2 visa depends on whether the applicant is already in the U.S. or applying from abroad:

Within the U.S.

1. The applicant must ensure that he is a national of a country with which the United States has a treaty and meets all other requirements, including the substantial investment amount and the business criteria. 
2. Prepare and file Form I-129 (Petition for a Non-immigrant Worker) with USCIS with all your detailed documentation about the business, financial records, proof of investment, and evidence that the business is legitimate and operating.
3. Once USCIS approves the application, you will receive a Form I-797 Approval Notice, which changes your status to E-2.

Outside the U.S.

1. The applicant has to ensure that he meets all the E-2 visa requirements.
2. The applicant is required to complete and submit Form DS-160 (Non-immigrant Visa Application) and Form DS-156E, which are specific to treaty investors.
3. Thereafter, an interview will be scheduled, and the applicant is supposed to attend the interview at the U.S. embassy. 
4. The applicant should be prepared for the interview and provide all the required documentation and answers. During the interview, he must explain the investment and the business plan in detail.  
5. The applicant must wait for a reply from the U.S. consulate. Once approved, the passport will be stamped with an E-2 visa.

What are E-2 visa costs?

When applying for an E-2 visa, the primary expenses include:

• Form I-129: $510 – $1,015
• Form I-539: $470
• Premium Processing (Form I-907): $2,805
• Form DS-160 (Visa Processing Fee): $315

These costs may vary based on individual circumstances and filing options.

What happens once your E-2 visa is approved?

The next steps after your E-2 visa approval depend on your location.

• If you are in the U.S., you’ll receive Form I-797 from USCIS confirming your status change to E-2, allowing you to begin working for the business you’ve invested in.
• If you are outside the U.S.: The U.S. consulate will stamp the E-2 visa in your passport, authorizing your entry. Upon arrival, a Customs and Border Protection (CBP) officer will review your documents and issue an I-94 record, detailing your E-2 status and the permitted duration of stay.

What are the advantages of an E-2 Visa?

There are various advantages among them are mentioned below:

1. It is a flexible option for investors and entrepreneurs, with a wide range of investment opportunities. 
2. Spouses and unmarried children under 21 can accompany the principal applicant and work or study in the United States. 
3. There is no limit on renewals, meaning it can be renewed as long as the business is running.
4. You can later apply for a Green Card if you meet the requirements.
5. You can apply for an E-2 visa even if you were denied another U.S. visa.

Conclusion

The E-2 visa offers a flexible path for investors from treaty countries to live and work in the U.S. while managing their business. Although it does not lead directly to a green card, it can provide significant benefits for foreign entrepreneurs. The timeline and cost of obtaining the visa vary depending on the location and processing method, but premium processing can expedite the process.