What is an E-2 Visa?

An E-2 visa is a nonimmigrant visa that allows individuals from certain countries to enter the United States to invest in and manage a business. The business must be a “substantial” investment and the individual must be coming to the U.S. to develop and direct the business. Spouses and dependents of E-2 visa holders may also be eligible for E-2 classification.

Who Qualifies for E-2 Visa?

The E-2 visa is for treaty investors and their qualified employees. In order to qualify for an E-2 visa, the following criteria must be met:

1. The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States.
2. The applicant must be coming to the United States to develop and direct the operations of an enterprise in which the applicant has invested, or is in the process of investing, a substantial amount of capital.
3. The applicant must be an essential employee and have the necessary qualifications to perform the duties required.
4. The investment must be a real and active commercial or entrepreneurial undertaking, not a passive investment.
5. The applicant must intend to depart the United States upon the termination of the E-2 status.

How to Apply for E-2 Visa?

To apply for an E-2 visa, the following steps must be completed:

1. Obtain a passport from your country of citizenship that is valid for at least six months beyond the date of your intended stay in the United States.
2. File a Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS) office that serves the area where your business is located.
3. Gather the required documents, including evidence of your investment, a business plan, and financial statements for your business.
4. Pay the required fees, including the I-129 petition fee and the E-2 visa application fee.
5. Schedule and attend an interview at the U.S. consulate or embassy in your home country.
6. Wait for a decision on your visa application. If approved, you will receive your E-2 visa, which will allow you to enter the United States and begin working on your business.

What is the E-2 Visa Interview Process?

The E2 visa interview process is for individuals who are seeking to enter the United States as treaty investors or their qualified employees. The process typically includes the following steps:

1. Submit a visa application: You will need to fill out an online application form, pay a fee, and submit any required documentation.
2. Schedule an interview: Once your application has been reviewed, you will be scheduled for an interview at the U.S. embassy or consulate in your home country.
3. Attend the interview: You will be required to bring certain documents to the interview, including a valid passport, proof of citizenship, and evidence of your investment in the United States, such as business plans, financial statements and proof of funds.
4. Wait for a decision: After the interview, the consular officer will review your application and make a decision on your visa. You will be notified of the decision by mail.
5. Medical examination: Before the final decision is made, the applicant is required to pass a medical examination and obtain a visa medical examination.
6. Submit additional documents if required

What are the Required Documents for E-2 Visa?

The required documents for an E-2 visa application may vary depending on the specific circumstances of your business, but generally include the following:

1. A passport that is valid for at least six months beyond the date of your intended stay in the United States.
2. Form I-129, Petition for Nonimmigrant Worker, along with the required fees.
3. Evidence of your investment, such as purchase agreements, business licenses, and bank statements.
4. A detailed business plan outlining the nature of the business, the source of funding, the projected income, and the number of employees.
5. Financial statements for the business, including income and balance sheets.
6. Evidence of your qualifications to manage the business, such as educational and professional credentials.
7. Proof of your citizenship in a country that has a treaty of commerce and navigation with the United States.
8. Proof of your relationship to your dependents, if they will be accompanying you to the United States.
9. Other supporting documents as required by the U.S. consulate or embassy where you will be applying for the visa.

What is the E-2 Visa Fee?

As of 2021, the E2 visa fee is $205. This fee is for the visa application fee (Form DS-160) and is paid by the applicant. There is also an additional fee of $85 for biometrics services, which is paid by the applicant.

What is the E-2 Visa Processing Time?

The processing time for an E-2 visa application can vary depending on a number of factors, such as the workload of the U.S. consulate or embassy where you are applying, the completeness of your application, and whether any additional security checks are required.

Generally, the processing time for an E-2 visa application can take several months. After you file your Form I-129 and all the required documents, the U.S. Citizenship and Immigration Services (USCIS) will review your application and determine whether to approve it. Once approved, the case will be forwarded to the U.S. consulate or embassy where you will be interviewed. After the interview, the consular officer will determine whether to approve or deny your visa application.

E-2 Visa Frequently Asked Questions

Here are some frequently asked questions about the E-2 visa:

1. Who is eligible for an E-2 visa?
   A: An E-2 visa is for treaty investors and their qualified employees who are citizens of a country that has a treaty of commerce and navigation with the United States.
2. How long does it take to process an E-2 visa?
   A: The processing time for an E-2 visa can vary depending on the workload of the U.S. embassy or consulate where you are applying, but generally it takes several weeks. It’s best to check with the specific embassy or consulate for the most up-to-date information on processing times.
3. Can I bring my dependents with me on an E-2 visa?
   A: E-2 visa holders can bring their dependents (spouse and unmarried children under 21) with them to the United States on an E-2 visa.
4. Can I apply for permanent residence while on an E-2 visa?
   A: No, you cannot apply for permanent residence while in the United States on an E-2 visa. This visa is a nonimmigrant visa and is intended for temporary stay in the U.S.
5. Is there a limit to the duration of stay on an E-2 visa?
   A: The duration of stay on an E-2 visa is determined by the validity of the treaty of commerce and navigation between the United States and the investor’s home country. It can be renewed indefinitely as long as the investor continues to meet the E-2 requirements.
6. Can I work with an E-2 visa?
   A: E-2 visa holders are authorized to work in the United States, but only in the same capacity as their treaty investor status allows.