Everything an Entrepreneur Needs to Know
Angelica Rice • December 9, 2021
Click here to read this article in Portuguese and Spanish
E-2 visas are one of the most popular business visas for entrepreneurs wanting to come start a business in the United States.
They are advantageous because there is no quota for them (as long as one is eligible for the visa it can be granted at any time), they can be renewed or extended an unlimited amount of times, and the investment cost is far less than the EB-5 visa, far less than $500,000. Lastly, the number of employees the business is expected to support for an E-2 visa is about 3-4, not a minimum of 10 like the EB-5. The only drawback is that they are not a direct path to a green card.
Is the E2 visa right for you? Keep reading to find out.
What is an E-2 visa?
The E-2 visa is a Treaty Trader and Investor Visa for the United States. It is a US non-immigrant visa category, and it is issued for individual investors or investing companies from countries that have a treaty with the United States. The investment can be in any industry or business.
Does my country have a treaty with the US?
In order to be eligible for an E-2 visa, your home country must have a treaty with the United States that allows you to be eligible for the visa. A complete list of treaty countries can be found on the Department of State website, see the link below.
Does my country have a treaty with the US?
In order to be eligible for an E-2 visa, your home country must have a treaty with the United States that allows you to be eligible for the visa. A complete list of treaty countries can be found on the Department of State website, see the link below.
What are the eligibility requirements for an E-2 visa?
To be eligible for an E-2 visa, there are several criteria that you must meet, such as:
- If you are an individual investor, you must be the national of a country that has an investment treaty with the US.
- If the applicant is a company, it must be owned at least 50% by a treaty investment country.
- If a company is sending an employee with an E-2 visa, the employee must be a national of a treaty investment country, as well as be in a supervisory, managerial, executive, or specialized knowledge position (essential employee).
- The investor (individual or company) must have the intent to invest a substantial amount of capital in an existing or new bona fide business. A bona fide company is a real company that produces products or services and is profitable.
- The investor (individual or company) must ensure that the business generates more profit than to just make a living. New businesses are exempt from the requirement of marginal profit, but should meet this requirement within five years.
- The investor (individual or company) must have the goal to develop the business further through that investment.
- The investor (individual or company) must place the funds in a bank account or an agent until their visa is approved.
- The investor must have the intention of returning to their home country once their work is completed.
The last requirement is one of the most important, as most people tend to run into issues with this as their stay in the United States continues. This especially becomes an issue and is a potential violation of the E-2 visa status, when one desires to apply for an EB-2 visa while still in the US. Please visit our related article on EB-2 business visas
by Kyle Huffman
for more information on EB-2 visas.
The target investment amount for an E-2 visa is usually between $100,000 - $200,000, however, under certain circumstances, a smaller investment is sometimes sufficient to meet the requirement. The reverse is also true, as an investment larger than $100,000 - $200,000 certainly meets the requirement, should the business be one that needs such funding.
How long is my E-2 visa valid for?
The length of the validity of your E-2 Visa depends on your nationality and can range from 3 months to 5 years. This is also known as the ‘reciprocity period’. Essentially, the validity period of the E-2 Visa is established by the Treaty between your country and the United States.
The validity period is the timeframe the E-2 Visa is issued for: until your E-2 Visa expiration date you will be allowed to enter the United States.
How long may I remain in the United States after I enter with my E-2 visa?
This is known as the “period of stay”, which is different from the “validity period” mentioned above. The period of stay is the length of your stay in the United States regardless of your E-2 visa validity period. The period of stay will be assigned upon your arrival in the United States and for the E-2 Visa is going to be 2 years. If you wish to remain in the United States longer, you must either renew or extend the period of stay of your E2 Visa.
What is the difference between Renewal and Extension?
The difference lies in whether one plans to remain in the United States to extend their visa, or if they are willing to travel back to their home country and renew their visa at the consulate.
Should you choose to leave the United States and reenter, your E-2 visa will automatically be renewed for another 2 years.
If you wish to remain in the United States and extend your E-2 visa, you must file an I-539 application with USCIS. Extensions are granted in 2-year increments and can be extended as many times as the investor wants. Extensions will be granted so long as the investor continues to meet all the eligibility requirements for the E-2 visa and continues to prove their intent to return to their home country.
If an E-2 investor becomes eligible for another kind of visa, they may file for a change of status with USCIS.
Can I include my dependents on an E-2 visa?
Yes. Dependents include the spouse and unmarried children under 21 years old of the primary visa holder. They may apply at the same time as the primary visa holder or later on after the E-2 visa has already been granted.
With an E-2 visa, dependents are allowed to study and the spouse is allowed to work. As of November 12, 2021 an E-2 spouse’s ability to work is incident to their E-2 status. This means that if an E-2 spouse has the documents to show that they are in valid E-2 status (i.e. an E-2 approval notice and valid I-94), they may work without having to file an application for employment authorization (Form I-765). If the spouse still wants a physical EAD card and wants to have documentation to show the work authorization and their identity, they may file an I-765 application but they do not have to.
If the dependents want to extend their stay, they must file an I-539 application. They do not get automatic renewals if they leave the US and return. Additionally, if the primary visa holder changes their status, the dependents also become eligible for change of status.
What is the processing time for an E2 visa?
Processing times vary depending on whether you are applying at a consulate or within the United States with USCIS. If applying with USCIS, processing time is usually between 3-5 months. For the most up to date processing times, please visit the USCIS processing times webpage below.
If applying at the consulate, the processing time varies depending on the country you are applying in.
How many times can I enter and exit the United States using my E-2 visa?
Whether an E-2 visa is issued for a single entry or multiple entries, is dependent on your country’s treaty with the United States, specifically the reciprocity table on the State Department Website. See the link below.
If you would like to know more about applying for an E2 visa, please contact Santos Lloyd Law Firm and our talented team of experienced immigration attorneys will be happy to assist you!
This Facebook widget is no longer supported.
Similar Posts
As an immigration law firm, we regularly assist highly skilled professionals working in the U.S. on temporary work visas such as H-1B who are seeking a path to permanent residency. For many of these individuals, the EB-2 and EB-3 employment-based green card categories are the most pursued—and frequently misunderstood—routes . While both are viable pathways to permanent residency, they differ in meaningful ways that can significantly impact the timing, eligibility, and overall strategy of your case. The EB-2 category is intended for individuals who either hold an advanced degree or demonstrate exceptional ability in their field . Most applicants qualify by having a master’s degree (or higher), or a bachelor’s degree accompanied by at least five years of progressive experience in their profession. There is also a subcategory within EB-2 known as the National Interest Waiver (NIW), which allows qualified individuals to self-petition without employer sponsorship if their work substantially benefits the United States. This route is especially relevant for researchers, entrepreneurs, and professionals in high national interest or mission-critical fields. In contrast, the EB-3 category includes professionals with a bachelor’s degree as well as skilled workers with at least two years of training or experience . While the educational threshold for EB-3 may appear less rigorous, the process itself is equally structured. One key distinction between EB-2 and EB-3 lies in the requirements of the job being offered, not just the applicant’s own credentials. For example, if a position requires only a bachelor’s degree, even a highly qualified candidate with a master’s degree may still fall under EB-3. Regardless of which category applies, most employment-based green card cases begin with the PERM labor certification process . This is a formal procedure overseen by the U.S. Department of Labor, in which the employer must test the labor market and demonstrate that there are no able, willing, qualified, and available U.S. workers for the position. The employer must also agree to pay the prevailing wage as determined by the Department of Labor. This step is both mandatory and highly detail-sensitive; inaccuracies in the job description, recruitment steps, or wage determination can lead to significant delays or even denials. Once PERM certification is approved, the employer files Form I-140 , the Immigrant Petition for Alien Worker. This petition confirms that the employee meets the requirements for the offered position under either EB-2 or EB-3, and that the employer is financially capable of providing the job as described. If the employee’s priority date—which is based on the date the PERM was filed—is current according to the Department of State’s Visa Bulletin, the individual may then file Form I-485 to adjust their status to lawful permanent resident. One of the more nuanced aspects of this process involves understanding how priority dates and visa backlogs affect the timeline. For applicants from countries with high demand, such as India or China, significant delays are common—particularly under EB-2. Paradoxically, there are times when the EB-3 category moves faster, prompting some applicants to file a second I-140 under EB-3 while retaining the original priority date. This strategy can be effective but requires careful legal planning to ensure it’s done correctly. Another strategic factor is portability. If your I-485 application has been pending for at least 180 days and your I-140 has been approved, you may be eligible to change employers under the AC21 portability provisions, so long as the new job is in the same or a similar occupational classification. This flexibility can be critical for employees who experience job changes or promotions during the often lengthy green card process. Ultimately, the choice between EB-2 and EB-3 isn’t about prestige —it’s about aligning your qualifications, the job requirements, and your immigration history with current legal standards and market conditions. The right strategy depends not only on your education and experience, but also on your long-term career goals and country of origin. At our firm, we work closely with both employers and employees to develop individualized immigration strategies that streamline the process and avoid unnecessary setbacks. Whether you're a corporate professional evaluating your green card options or an employer preparing to sponsor a key team member, we offer the insight and experience to move your case forward with confidence.
Embarking on the exhilarating journey of launching a new tech startup in the United States is a venture that blends innovation with ambition, and the dynamic landscape of the country offers an unparalleled stage for entrepreneurs to turn their groundbreaking ideas into thriving businesses. The United States highly values its position among the technology leaders of the world. In a nation fueled by a relentless pursuit of technological advancements, the process of bringing a startup to life involves navigating through a myriad of opportunities, challenges, and regulatory landscapes. This is particularly true for foreign entrepreneurs, who must also navigate the immigration system in addition to focusing on launching their businesses. Nevertheless, the United States recognizes the value in bringing technological innovators into the country and has created special considerations for immigrants with education in STEM (Science, Technology, Engineering, and Mathematics) who are seeking to develop important cutting-edge technologies in the United States. These special considerations apply to the EB-2 National Interest Waiver, an immigrant visa classification which leads to permanent residency, and eventually citizenship in the United States. At the heart of every EB-2 National Interest Waiver petition is a proposed endeavor, and while these proposals for the United States can be about nearly anything, the Immigration Service is directed to recognize particular importance for proposals that aim to develop specific technologies that the Biden administration has identified as critical for U.S. competitiveness and national security. In particular, these areas of critical and emerging technologies include: Advanced Computing Advanced Engineering Materials Advanced Gas Turbine Engine Technologies Advanced Manufacturing Advanced and Networked Sensing and Signature Management Advanced Nuclear Energy Technologies Artificial Intelligence Autonomous Systems and Robotics Biotechnologies Communication and Networking Technologies Directed Energy Financial Technologies Human-Machine Interfaces Hypersonics Networked Sensors and Sensing Quantum Information Technologies Renewable Energy Generation and Storage Semiconductors and Microelectronics Space Technologies and Systems If you are a tech entrepreneur with an education in a STEM field, seeking to launch a startup in the U.S. developing any of these technologies, the EB-2 National Interest Waiver might be your ticket to permanent residency. Whether you're drawn to the iconic landscapes of Silicon Valley or the emerging tech scenes across the nation, the time is now to make your mark. If you are interested in applying for a National Interest Waiver to launch a startup in the United States, schedule an appointment with one of our skilled attorneys.
For many of our clients, premium processing has long felt less like a luxury and more like a necessity. Whether it's an artist with a tour date, a startup founder with investors waiting, or an executive whose H-1B extension is tied to a project deadline, the ability to get a USCIS decision in fifteen business days has been a cornerstone of business and entertainment immigration planning. But 2026 has brought meaningful changes. On March 1, 2026, USCIS implemented a new round of premium processing fee increases under the biennial inflation adjustment authorized by the USCIS Stabilization Act. With fees now climbing across every eligible form, employers, foreign nationals, and their counsel are asking a fair question: at these prices, is premium processing still worth it? The short answer is: often yes but no longer always. Here is what has changed, what hasn't, and how to think strategically about your filings this year. What Premium Processing Actually Buys You Premium processing is an optional, fee-based service that obligates USCIS to take action on a qualifying petition or application within a defined window. "Action" does not necessarily mean approval USCIS may issue an approval, a denial, a Request for Evidence (RFE), a Notice of Intent to Deny, or open an investigation. But it must do something within the guaranteed timeframe, or refund the premium fee. The current adjudication windows are: 15 business days for most Form I-129 nonimmigrant petitions (including H-1B, L-1, O-1, P-1, TN, and E-3) and most Form I-140 employment-based immigrant petitions 45 business days for Form I-140 petitions in the EB-1C (multinational executive/manager) and EB-2 National Interest Waiver (NIW) categories 30 business days for eligible Form I-539 change-of-status applications and Form I-765 applications for F-1 OPT and STEM OPT employment authorization When USCIS issues an RFE, the clock pauses and restarts only when the agency receives the response, a detail that surprises many petitioners and is worth planning around. The 2026 Fee Increases at a Glance The Department of Homeland Security's final rule, published in the Federal Register on January 12, 2026, raised premium processing fees by an average of roughly 5.7 percent based on inflation between June 2023 and June 2025. Any Form I-907 postmarked on or after March 1, 2026, must include the updated fee, or USCIS will reject the filing outright.
Navigating the immigration landscape as a professional athlete can feel as demanding as a championship final, but understanding the P-1A visa can help you to plan ahead and successfully petition USCIS when the time comes to apply. For individual athletes like surfers, Rodeo cowboys, or Brazilian Jiu-Jitsu fighters, the P-1A serves as the primary gateway to competing in the United States. While it is often compared to the O-1 visa, the P-1A has a distinct threshold that is more easily accessible than the O-1; rather than proving "extraordinary ability," you must demonstrate "international recognition". This means your achievements must be renowned or leading in more than one country, showcasing a level of skill that is substantially above the ordinary. For those competing in individual sports, the spotlight is entirely on your personal accolades and standing rather than a team or league’s reputation as in the case of a team sport athlete. You must show that you are personally well-known within your sport across multiple countries, and that the U.S. events you intend to enter typically draw other internationally recognized participants. One of the most significant advantages for the solo competitor is the duration of stay, as individual athletes can often secure a P-1 visa for an initial period of up to five years, which can eventually be extended to a total of ten. This stands in stark contrast to team athletes, who are generally limited to the duration of a specific season or contract with a team. If you are looking to be proactive about your future eligibility, you should treat your career milestones as a collection of evidence for the "Two-Out-of-Seven" rule used by USCIS. To qualify, you must provide evidence satisfying at least two of the following seven criteria: Evidence of having participated to a significant extent in a prior season with a major U.S. sports league. Evidence of participation in an international competition with a national team. Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition. A written statement from an official of a major U.S. sports league or the governing body of the sport detailing your international recognition. A written statement from a member of the sports media or a recognized expert. Evidence that you or your team is ranked, if the sport has international rankings. Evidence that you or your team has received a significant honor or award in the sport. Building your resume with these specific benchmarks in mind is essential. Here are some suggestions to help an individual sport athlete to meet these criteria and successfully qualify for a P-1A visa: First, you should actively seek opportunities to represent your national team or strive for high international rankings , as these are concrete proof of your standing. If you are working with an immigration attorney, make sure they have a clear understanding of your sport, how its governing body determines rankings, and the significance of your accomplishments- successfully showing USCIS why your rankings or results indicate you are performing at an elite and internationally recognized level is key to a successful outcome. Beyond the trophies, your professional network plays a crucial role ; cultivating relationships with recognized experts or sports media members who can provide written statements will significantly strengthen your future petition. Major media articles that discuss your accomplishments or explain the significance of competitions or rankings you feature in, can also have a strong positive impact on your case. As you prepare, remember that every petition also requires a formal consultation letter from an appropriate labor organization , if one exists that covers your sport. A good immigration attorney will help you to identify the appropriate labor organization and engage with them on your behalf to secure the consultation letter you need. Generally, they will want to see the same evidence that USCIS will be evaluating, and they may need some time to review your petition prior to issuing you a consultation letter. Finally, you will also need a written contract with an employer or agent within the United States, and a detailed itinerary of the events where you will perform . Your immigration attorney can also help you to structure your contract with your agent or employer, and guide you in creating an itinerary based on the events or competitions you will participate in. While every individual sport is different, USCIS will want to see that you have set up a structure that will pay you a living wage to perform your sport, and that you have planned out an itinerary of competitions or events in sufficient detail that covers the entire period of time for which you are requesting the P-1A visa. At Santos Lloyd Law Firm, P.C., we are experienced in helping talented individuals who are accomplished in many different sports to continue their careers here in the United States. If you are such an athlete interested in competing here, please contact us, and we will be happy to discuss your case.
If you have a pending asylum application in the United States, you will now be required to pay an Annual Asylum Fee (AAF) in order to keep your application pending. Understanding this new fee and why it is important could be the difference between maintaining your pending asylum application and facing removal from the country . If your asylum application has been pending for more than one year, you will be required to pay an annual fee of $102 . The good news is that this fee is charged per asylum application, not per person. This means a family applying together on a single Form I-589 will only pay $102 total. However, it is important to know that there are no fee waivers available for this annual payment. It is crucial to take this fee seriously because the consequences for missing your payment are severe . If you receive a notification from USCIS that your fee is due, you will be given exactly 30 days to pay it. If you fail to pay by the deadline, the government may enforce the following penalties: Rejection of your Application: USCIS will reject your pending asylum application. Loss of Work Authorization: Any pending applications for employment authorization (Form I-765) based on your asylum case will be denied. Furthermore, if you already have an approved work permit, you will lose your work authorization immediately. Risk of Deportation: If you do not have an underlying legal status in the U.S., USCIS may initiate your removal (deportation) from the United States. Because of the severe consequences of failure to pay the fee within 30 days, it is vitally important to update your address with USCIS. This ensures you will actually receive the payment notice and can pay it on time without jeopardizing your case. How to Pay: Paying your fee promptly is the best way to protect your asylum status and work authorization. You can easily check if your fee is due and make your payment online by visiting: https://my.uscis.gov/accounts/annual-asylum-fee/start/overview To submit your payment, you will need two important pieces of information: Your A-Number (Alien Registration Number). The receipt number from your asylum application receipt notice. Once you enter this information, you will see a blue “Pay and submit” button. You can pay securely using a credit card, debit card, or a transfer from a U.S. bank account. Always make sure to save a copy of your receipt to ensure you have evidence of payment. Staying informed and keeping up with the Annual Asylum Fee is an essential part of the asylum process in 2026. Watch your mail for notifications, keep your address updated, and pay your fee as soon as it is due to ensure your case stays on track.
