E-2 Investor Visa: Your Complete Guide
What is the E-2 Investor Visa?
The E-2 Investor Visa allows foreign nationals from treaty countries to live and work in the United States by making a significant investment in a U.S.-based business. This visa is ideal for entrepreneurs, investors, and business owners looking to operate a business in the U.S. It’s a non-immigrant visa, but it can be renewed indefinitely as long as the business remains operational.
Benefits of the E-2 Visa
- Live and work in the U.S. while managing your investment.
- Include your spouse and children (under 21) as dependents.
- Spouses can apply for work authorization, and children can attend school.
- No cap on visa renewals, provided the business continues to operate successfully.
E-2 Visa Requirements
To qualify for an E-2 Investor Visa, you must:
- Be a Citizen of a Treaty Country: Your country of citizenship must have an E-2 treaty with the U.S. (Check Treaty Countries).
- Invest a Substantial Amount: The investment must be significant relative to the total cost of the business.
- Have a Real and Active Business: The business must be operational, generating income, and contributing to the U.S. economy.
- Be at Risk: The funds you invest must be at risk of loss if the business fails.
- Intent to Leave the U.S. After Visa Expiry: You must demonstrate non-immigrant intent.
E-2 Investor Visa Documents Checklist
To submit a strong application, include:
- Completed DS-160 Visa Application Form
- Proof of Treaty Country Citizenship
- Business Plan (demonstrating viability and job creation)
- Evidence of Investment Funds (bank statements, transfer receipts)
- Business Registration Documents
- Financial Statements and Projections
- Lease Agreements or Property Deeds
- Tax Returns (if applicable)
- Resume or CV
How to Prove Substantial Investment
A substantial investment typically means:
- Enough capital to fund the startup or purchase of the business.
- An amount sufficient to ensure the success of the business.
- Generally, investments of $100,000 or more are considered substantial, though smaller amounts may qualify depending on the business type.
E-2 Visa Filing Fees and Costs
- DS-160 Filing Fee: $205
- Attorney Fees (Optional): $5,000-$10,000
- Business Plan Preparation (Optional): $1,500-$3,000
Common Reasons for E-2 Visa Denial
- Insufficient investment amount or unclear proof of funds.
- Business deemed marginal (not generating enough profit to support the investor and dependents).
- Weak or incomplete business plan.
- Inadequate ties to the home country demonstrating non-immigrant intent.
What to Do If Your E-2 Visa Is Denied
If your application is denied, you can:
- Request a Reconsideration or Reapply with stronger evidence.
- Address the Consulate’s Specific Concerns with additional documentation.
- Seek Legal Assistance to identify weaknesses in your initial application.
E-2 Visa FAQs
Can I apply for an E-2 visa if I already live in the U.S.?
Yes, if you’re on a different visa, you can apply to change your status to E-2.
How long is the E-2 visa valid?
The duration varies by treaty country, but typically ranges from 3 months to 5 years. Renewals are possible.
Can I bring my family with me?
Yes, your spouse and children (under 21) can accompany you.
Does the E-2 visa lead to a green card?
The E-2 visa is non-immigrant, but you may transition to a green card through other pathways like EB-5 or family sponsorship.
Why Choose a Professional Consultant for Your E-2 Visa Application?
The E-2 visa application requires detailed documentation and legal expertise. Working with an experienced consultant can:
- Help create a strong business plan.
- Ensure compliance with USCIS and Department of State requirements.
- Streamline the application process and increase your chances of approval.
