1. What is a nonimmigrant visa?

A nonimmigrant visa is a temporary visa that allows an individual to enter and stay in the United States for a specific purpose, such as tourism, business, education, or employment. It is also known as a temporary visa because it does not grant permanent residency or citizenship status in the United States. Nonimmigrant visas are issued by the U.S. Department of State and must be obtained before traveling to the United States. Examples of nonimmigrant visas include B-1/B-2 (tourist/business), F-1 (student), H-1B (work), J-1 (exchange visitor), and L-1 (intra-company transfer).

2. What is the E2 visa?

The E2 visa is a non-immigrant visa that allows foreign entrepreneurs to enter and work in the United States based on their investment in a U.S. business. It requires a substantial investment of capital in a real operating enterprise, and the investor must have controlling ownership (at least 50%) of the business. The E2 visa also requires that the business be actively engaged in trade or commerce and that it generates significant income or jobs for U.S. workers. This visa is typically valid for up to two years and can be renewed as long as the qualifying requirements are met.

3. Who is eligible for an E2 visa?

The E2 visa is available to individuals who are citizens of countries that have a Treaty of Trade and Commerce with the United States. The applicant must also be coming to the US to engage in substantial trade or investment activities, own at least 50% of the US business, and have invested a substantial amount of money in the business (typically around $100,000). They must also demonstrate that they will actively participate in managing and directing the US business.

4. How do I apply for an E2 visa?

To apply for an E2 visa, follow the steps below:

1. Determine your eligibility: The first step is to determine if you meet all the eligibility criteria for an E2 visa. This includes being a citizen of a country that has a treaty of commerce and navigation with the United States, investing a substantial amount of money in a US business, and showing that you will be directing and developing the business.

2. Obtain an investment: To qualify for an E2 visa, you must make a “substantial” investment in a U.S. business. The amount considered as substantial varies depending on the type of business and other factors, but it generally requires at least $50,000 USD or more.

3. Create a comprehensive business plan: You need to create a detailed business plan that outlines your investment, how the business will operate, and its potential to generate profit and create jobs in the United States.

4. Gather required documents: Gather all necessary documents including your valid passport, Form DS-160 (Nonimmigrant Visa Application), documentation of investment funds and transaction history, business plan, evidence of ties to your home country (such as bank statements or property ownership), and any relevant educational or professional qualifications.

5. Submit form I-129: After gathering all necessary documents, you must file Form I-129 (Petition for Nonimmigrant Worker) with United States Citizenship and Immigration Services (USCIS).

6. Schedule an interview: Once USCIS approves your petition, you can schedule an interview at your nearest U.S. embassy or consulate.

7. Attend your interview: During your interview, the consular officer will ask you questions about your investment plans and may request additional documents or information.

8. Pay fees: Before attending your interview, make sure to pay all required fees including the nonimmigrant visa application processing fee (Form DS-160) and any applicable issuance fees.

9. Await a decision: After your interview, the consular officer will make a decision on your visa application. If approved, you will be given an E2 visa stamp in your passport, allowing you to enter the United States.

It is important to note that the process may vary slightly depending on the U.S. embassy or consulate where you apply. It is recommended to consult with a qualified immigration attorney for guidance and assistance with your E2 visa application.

5. What documents do I need to submit for an E2 visa application?

To apply for an E2 visa, you will need to submit the following documents:

1. Completed Form DS-160, Online Nonimmigrant Visa Application
2. Valid passport with at least six months validity remaining
3. Two recent passport-sized photographs (per U.S. visa photo requirements)
4. Form I-129, Petition for Nonimmigrant Worker (submitted by the sponsoring company or investor)
5. Copy of the approved Form I-797A, Notice of Action (submitted by the sponsoring company or investor)
6. Letter of support from the U.S.-based sponsoring company or investor outlining the business and investment plan
7. Proof of ownership and investment in a U.S.-based business (e.g., articles of incorporation, lease agreements, purchase contracts)
8. Detailed business plan outlining financial projections and job creation estimates
9. Evidence of qualifications and experience in managing and operating a business (e.g., resume, educational documents)
10. Proof of ability to support yourself and any dependents during your stay in the U.S. (e.g., bank statements, employment contract)
11. Evidence that your investment funds have been acquired through legitimate means
12. Any other relevant documents that demonstrate your ties to your home country and intent to return after your temporary stay in the U.S.

It is always recommended to consult with an experienced immigration attorney for guidance and assistance with preparing a strong E2 visa application package.

6. Can I work in the United States with an E2 visa?

Yes, E2 visa holders are allowed to enter the United States for the purpose of developing and directing their investment. This includes working in their own business or enterprise, as well as engaging in other job opportunities with permission from the USCIS. However, they cannot work for another company or engage in activities unrelated to their investment without obtaining a separate work visa.

7. How long does it take to process an E2 visa?

It typically takes about 4-6 weeks to process an E2 visa, but processing times can vary based on the individual’s country of origin and the current workload of the U.S. embassy or consulate where the application is submitted. In some cases, it may take longer if additional documents or interviews are required. It is recommended to check with the specific embassy or consulate for more accurate processing times.

8. Is there a limit on the number of E2 visas issued each year?

No, there is no set limit on the number of E2 visas that can be issued each year. However, the total number of E2 visas issued may depend on available visa numbers for the applicable country and the applicant meeting all eligibility requirements.

9. Do I need to have a job offer in the US to apply for an E2 visa?

Yes, you must have a specific job offer from a company in the US in order to apply for an E2 visa. This job must be related to the business or investment you are making, and you will need to provide evidence of this job offer as part of your visa application.

10. Can I bring my family with me on an E2 visa?

Yes, spouses and unmarried children under the age of 21 can accompany an E2 visa holder to the United States. They may also be eligible to apply for employment authorization.

11. How long can I stay in the US with an E2 visa?

An E2 visa allows you to stay in the US for an initial period of up to 2 years, after which you may apply for extensions of stay in increments of up to 2 years at a time. There is no specific maximum limit on the number of extensions you can receive as long as your business and qualifying investment continue to meet the requirements. However, E2 visas are considered non-immigrant visas, so they do not lead directly to permanent residence or citizenship.

12. Can I apply for permanent residency or citizenship with an E2 visa?

Yes, it is possible to apply for permanent residency or citizenship with an E2 visa. However, this depends on the specific requirements and processes of the country you are applying to. In most cases, you will need to reside in the country for a certain period of time and meet other eligibility criteria before being eligible to apply for permanent residency or citizenship. It is important to consult with an immigration lawyer or the government agency responsible for handling these applications for more information.

13. Is there a minimum investment amount required for an E2 visa?

Yes, the minimum investment amount required for an E2 visa varies depending on the business opportunity. However, generally it is recommended to invest at least $100,000 in order to satisfy the substantial investment requirement for the visa.

14. Do I have to be from a specific country to be eligible for an E2 visa?

Yes, you must be a national of a country that has a treaty of commerce and navigation with the United States in order to be eligible for an E2 visa. This list includes countries such as Argentina, Canada, France, Germany, and the United Kingdom. You can find the full list of eligible countries on the U.S. Department of State website.

15. Can I extend my stay on the E2 visa if my business is successful?

Yes, you may extend your stay on the E2 visa if your business is successful and continues to meet the requirements of the visa. However, you must file for an extension before your initial E2 visa expires. The length of time for an extension varies depending on the country issuing the E2 visa.

16. What happens if my business fails while on an E2 visa?

If your business fails while on an E2 visa, it can have serious consequences for your immigration status. The primary requirement for maintaining an E2 visa is to actively manage and operate the business that you have invested in. If the business fails or is no longer operational, you may no longer meet this requirement and your E2 visa status could be revoked.

If your E2 visa is revoked or expires and you are unable to make other arrangements to remain legally in the United States, you may be required to leave the country. Additionally, any family members who are dependent on your E2 visa may also lose their legal status in the United States.

It is important to carefully consider the potential risks and challenges before investing in a business on an E2 visa. It is also recommended to have a backup plan in case of unexpected business failures or market changes. Consulting with an experienced immigration attorney can also help guide you through this process and ensure that you stay in compliance with all requirements of your E2 visa.

17. Are there any restrictions on what type of business can qualify for an E2 visa?

Yes, the business must be a legitimate, active and operating enterprise, and it cannot be solely for speculative or idle purposes. Additionally, the business must have the potential to generate enough income to support the investor and their family. The business can be in any industry, but it must be a real and viable operation with a clear path to profitability. Certain industries may require additional documentation or proof of viability.

18. Can I travel outside of the US while on an E2 visa and re-enter later?

Yes, you can travel outside of the US while on an E2 visa and re-enter later as long as your passport and E2 visa are still valid. However, you should be aware that if you are absent from the US for an extended period of time without maintaining your residency status, you may face difficulty in re-entering the US as a non-immigrant and may even risk losing your E2 visa altogether. It is important to maintain appropriate documentation and follow all necessary procedures when traveling outside of the US while on an E2 visa.

19. What happens if my passport expires while on an E-2 Visa?

If your passport expires while you are on an E-2 visa, you will need to renew your passport through your country’s consulate or embassy in the United States. Once you have a new valid passport, you will need to update your E-2 visa. This can be done by submitting a request for a new I-94 card at a U.S. Customs and Border Protection office or by filing Form I-539 with USCIS. It is important to keep your E-2 visa valid at all times while living in the United States.

20.Prior conviction question: Will previous criminal convictions affect my eligibility for an E-2 visa?

Possibly. Having a criminal conviction may not necessarily disqualify you from receiving an E-2 visa, but it will be taken into consideration during the application process. The severity of the conviction, the time that has passed since the conviction, and any rehabilitation efforts will all be evaluated. In some cases, a waiver may be available if the consular officer determines that your criminal history does not pose a threat to public safety or national security. It is important to disclose any previous convictions and provide all relevant information during your visa interview.