E-2 Treaty Investor Visa – Everything You Need to Know
The United States government reserves special visa classifications for nationals of countries with which it maintains a treaty of commerce and navigation. Citizens of these countries are eligible to apply for an E-2 Treaty Investor Visa or work as E-2 Treaty Employees. This visa category offers numerous advantages for investors, their employees, and their family members.
What is the E-2 Visa?
The E-2 Treaty Investor Visa is a nonimmigrant visa designed for nationals of treaty countries who wish to establish and operate a business in the United States. It allows eligible individuals to invest significant funds into a U.S. enterprise and manage its operations.
One of the unique benefits of the E-2 visa is its renewable nature—holders can extend their stay indefinitely in two-year increments. In addition, E-2 treaty employees may also benefit, making this visa category appealing to both investors and their workforce.
How to Apply for an E-2 Visa
The application process depends on whether you are applying from inside or outside the United States.
- If you are already in the U.S. under another visa status, you may file an I-129 petition to request a change of status to E-2. Employers can also file an I-129 on behalf of qualifying employees.
- If you are outside the U.S., you must apply through the U.S. embassy or consulate in your country of residence. Each consulate may have slightly different requirements, so it is crucial to follow the specific guidelines on their website.
E-2 Visa Requirements for Investors
To qualify as an E-2 investor, you must meet the following conditions:
- Be a citizen of a treaty country that has a commerce and navigation agreement with the U.S.
- Have already invested, or be actively in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise.
- Intend to enter the United States solely to develop and direct the business. This can be demonstrated by showing at least 50% ownership of the enterprise or evidence of operational control through a managerial or executive role.
E-2 Visa Requirements for Employees
To qualify as an E-2 treaty employee, you must:
- Meet the legal definition of “employee.”
- Serve in an executive or supervisory role. If applying for a lower-level position, you must demonstrate that you possess specialized skills essential to the operation of the business.
Required Documentation for an E-2 Visa
The supporting documents vary depending on your nationality and the consulate where you apply, but in general, you should be prepared to present evidence of your investment, business operations, and source of funds.
Common documents include:
- Proof of investment funds (bank records, wire transfers, canceled checks, and financial statements).
- Business registration documents and tax returns.
- Proof of ownership of assets used in the investment.
- Loan or mortgage agreements demonstrating personally secured business capital.
- Payroll or personnel records supporting your employment claims.
Documents for a Newly Established E-2 Business
If you are starting a new enterprise, you must provide:
- Bank records showing investments and transactions.
- Itemized lists of materials and equipment purchased.
- Financial statements of the new business certified by the bank.
- Business lease agreements with proof of payments for premises.
Documents for Purchasing an Existing E-2 Business
If you are buying an existing business, you must include:
- Executed purchase agreements.
- Independent valuations or appraisals of the business.
- Financial and tax records of the pre-existing company.
- Employee wage reports and payroll documentation.
E-2 Visa Processing Time
The standard USCIS processing time for Form I-129 is up to six months. However, applicants can request premium processing, which ensures a decision within 15 calendar days. With premium processing, USCIS will either approve, deny, or request additional evidence within that timeframe.
E-2 Visa Filing Fees
- Form I-129 filing fee: $460
- Biometrics fee (if required): $85
- DS-160 visa application fee (if applying abroad): $160
- Premium processing fee: $1,225
Validity and Renewals of the E-2 Visa
The E-2 visa is initially valid for two years. After that, you may apply for unlimited extensions, each lasting two years. If you travel outside the U.S., you may also receive an automatic two-year extension upon re-entry, without filing a new I-129 petition.
E-2 visa benefits extend to dependents and employees, allowing families and businesses to remain in the U.S. long-term if the enterprise continues to operate successfully.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys understand that obtaining an E-2 visa requires careful planning, documentation, and legal strategy. The process involves significant investments of both time and financial resources. By working with an immigration attorney at Green Card Link, you will receive personalized guidance to ensure your application is prepared thoroughly, minimizing the risk of delays or denials.
Whether you are an investor or an employee, the immigration attorneys at Green Card Link are here to help you navigate every step of the E-2 visa process and maximize your chances of approval.