E-2 Investor Visa
The E-2 Investor Visa is a non-immigrant, temporary visa that allows foreign entrepreneurs from treaty countries to invest in and operate a business in the United States. It does not provide permanent residency, but investors may be able to transition to a green card through other immigration pathways, such as the EB-5 Immigrant Investor Program or employer sponsorship.
E-2 Visa Requirements
To qualify for an E-2 Investor Visa, applicants must meet the following criteria:
- Nationality: The investor must be a citizen of a country that has an E-2 treaty agreement with the United States. A list of eligible treaty countries is available on the U.S. Department of State website.
- Substantial Investment: The investor must make a significant investment in a U.S. business. There is no fixed minimum amount, but the investment should be sufficient to establish and operate the business successfully. Typically, investments of $100,000 or more are recommended.
- Business Ownership and Control: The investor must own at least 50 percent of the business or have operational control through a managerial role.
- Active and Profitable Business: The business must be a real and active commercial enterprise, not a passive investment such as stocks or real estate. It should be capable of generating more than just a basic living for the investor and their family.
- Intent to Depart: The investor must demonstrate intent to leave the U.S. when the visa expires, though it can be renewed indefinitely as long as the business remains operational.
E-2 Visa Processing Time
The processing time for an E-2 visa varies depending on the applicant’s country of residence and whether they apply through a U.S. consulate abroad or seek a change of status from within the United States.
- Applying from Outside the U.S. (Consular Processing): Processing times range from a few weeks to several months, depending on the U.S. consulate’s workload.
- Applying from Within the U.S. (Change of Status via USCIS): Standard processing takes about three to six months. Expedited processing is available through Premium Processing, which guarantees a response within 15 calendar days for an additional fee.
E-2 Investment Visa Documents Checklist
Applicants must prepare the following documents for their E-2 visa application:
- Valid passport from an E-2 treaty country.
- DS-160 form confirmation for visa applicants or I-129 form for a change of status application.
- Comprehensive business plan demonstrating the viability of the investment.
- Proof of substantial investment, such as bank statements, purchase agreements, and wire transfer records.
- Business registration documents, such as incorporation papers, operating agreements, and lease agreements.
- Tax records and financial statements to demonstrate business operations and job creation potential.
- Detailed resume and qualifications proving the investor’s ability to run the business.
- Proof of intent to return to the home country if the visa is not renewed.
E-2 Visa Cost and Filing Fees
| Stage | Payment Type | Fee (USD) | Payment Timeline |
| Visa Application | DS-160 Form (Online Application) | $205 | At Application |
| Embassy Interview | Visa Issuance Fee (Varies by Country) | Varies | After Approval |
| Change of Status (if applying from within the U.S.) | I-129 Filing Fee | $460 | At Application |
| Premium Processing (Optional) | USCIS Expedite Service | $2,805 | At Application |
Common Reasons for E-2 Visa Denial
Some of the most common reasons for an E-2 visa denial include:
- Insufficient investment amount, meaning the business is underfunded.
- Inability to prove the lawful source of investment funds.
- Lack of a solid business plan demonstrating profitability.
- Failure to show that the business will generate enough income beyond the investor’s basic living expenses.
- Lack of proper documentation to prove operational control over the business.
- A criminal record or prior immigration violations.
What to Do If Your E-2 Petition Is Denied?
If your E-2 visa is denied, there are several options to consider:
- Review the Denial Letter: Understand the reasons for denial and determine if the decision can be appealed or if reapplying is a better option.
- Correct Deficiencies: Address any weaknesses in your application, such as increasing your investment amount or strengthening your business plan.
- File a New Application: If necessary, submit a stronger application with additional documentation.
- Consult a Professional: An experienced immigration consultant can help you navigate the appeals process or prepare a stronger case for reapplication.
Frequently Asked Questions (FAQs) About the E-2 Visa
Is the E-2 visa a permanent residency visa?
No, the E-2 visa is a temporary, non-immigrant visa. However, investors may transition to permanent residency through the EB-5 visa, family sponsorship, or an employment-based green card.
How long can I stay in the U.S. on an E-2 visa?
E-2 visas are generally issued for up to five years, depending on the treaty country. However, they can be renewed indefinitely as long as the business remains active.
Can my spouse and children accompany me?
Yes, spouses and unmarried children under 21 can accompany the investor. Spouses are eligible for work authorization in the U.S.
Can I work for another company while on an E-2 visa?
No, the E-2 visa only permits work related to the specific investment business. However, spouses can work for any employer.
Can an E-2 visa lead to a green card?
While the E-2 visa does not directly lead to a green card, investors may transition to permanent residency through alternative options such as the EB-5 Investor Visa, employment-based sponsorship, or family sponsorship.
Why Choose a Professional Consultant for Your E-2 Visa?
Applying for an E-2 visa involves complex documentation, investment requirements, and business planning. Hiring a professional consultant can provide:
- Expert Guidance: Assistance in preparing a strong business plan, financial documents, and legal paperwork.
- Higher Approval Chances: Identifying weaknesses in the application and addressing them before submission.
- Personalized Strategy: Guidance on long-term immigration strategies, including pathways to permanent residency.
- Legal Compliance: Ensuring all investment funds and business operations meet U.S. immigration laws.
If you need assistance with your E-2 visa application, US Immigration Docs offers expert consulting services to help you navigate the process successfully.
