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!
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