Applying for an E-2 Visa in the U.S.
What is an E2 Visa?
An E-2 visa is available to investors (defined as a person, partnership, or corporate entity) from “treaty countries” (a country with which the United States maintains a treaty of commerce and navigation).
This visa grants a stay of initially two years, and can be increased in successive two-year increments with no maximum limit. However, when the status expires, investors must leave. During your time, you may only work in the activity for which the classification was granted. However, investors may work for the treaty organization’s parent company.
Family of investors (spouses and unmarried children under 21) may follow the investor and seek E-2 non-immigrant classification, and will generally be granted the same period of stay.
To file for the E-2 visa, investors in the U.S. lawfully should file a Form I-129 to request a change to E-2 classification. If you are not in the U.S., you must contact an immigration lawyer to begin the application process.
The investor must meet the following general requirements to be eligible:
- Have citizenship in one of the treaty countries.
- Be coming to the U.S. with the sole aim of directing the enterprise, which can be shown through no less than 50% ownership of the enterprise. Possession of operational control is also a valid means of proof
- The enterprise has to be either commercial or entrepreneurial and already actively operating. It must have a significant economic impact in the U.S.
- While some investments of less than $100,000 are approved, it’s safe to say that the investment capital and reserves should total no less than $90,000 – $100,000.
E-2 Visa Case Studies
An Argentine businessman who was a tourist in the United States and found the business of his life in Miami. Therefore, he wanted to apply for the E-2 investor visa within the United States.
Loigica filed for Immigration Petition by E-2 status and it was approved, modifying his status from B2 (tourist Visa) to E-2 (investor visa) .
Our client is developing his business in the United States.
Citizen of Brazil who invested in the United States buying a Pizzeria. He wanted to apply for the E-2 investor visa for himself and his family.
Loigica filed for Immigration Petition by E-2 status and it was approved at the American Embassy in Sao Paulo/Brazil.
Our client has achieved the expected success, he has his E-2 visa in his passport.