The E2 Investor Visa is a popular U.S. visa option for entrepreneurs and investors from treaty countries who wish to invest in and operate a business in the United States. Unlike other visa types that require sponsorship from a U.S. employer, the E2 visa allows individuals to gain temporary residency by making a substantial investment in a U business.
In this complete guide, we will walk you through everything you need to know about the E2 Investor Visa, including its eligibility requirements, benefits, application process, and how Leso can help you through every step of your journey to the U.S.
What is the E2 Investor Visa?
The E2 Visa is a non-immigrant visa that allows individuals from treaty countries (countries that have a trade and investment treaty with the U.S.) to come to the U.S. to manage and direct a business in which they have made a significant investment. The visa is specifically designed for entrepreneurs, investors, and employees of qualifying companies.
Key Features of the E2 Investor Visa
1. Eligibility Requirements
To qualify for the E2 visa, you must meet the following criteria:
- Treaty Country: You must be a national of a country that has a treaty of commerce and navigation with the United States. Some of the treaty countries include the United Kingdom, Japan, Canada, Germany, and Australia, among others.
- Substantial Investment: You need to invest a significant amount of capital into a U.S. business. While there is no fixed minimum, the investment should be enough to establish and operate the business effectively. A typical range of investment for an E2 visa is between $100,000 to $200,000.
- Active Role in the Business: You must play an active role in the day-to-day operations of the business. This can include being the owner or manager of the company.
- At Least 50% Ownership: You need to either own at least 50% of the company or have a significant managerial role in the company.
- Non-Immigrant Intent: The E2 visa is temporary, meaning you must intend to return to your home country once your visa expires or if you are not granted an extension.
2. Benefits of the E2 Investor Visa
The E2 visa offers a variety of benefits for investors and entrepreneurs who wish to grow their businesses in the U.S.
- Temporary Residency: The E2 visa allows you to live and work in the U.S. for the duration of your business operations.
- Family Benefits: Your spouse and unmarried children under the age of 21 can join you in the U.S. under E2 status. Your spouse can also apply for work authorization to work in the U.S.
- Visa Extensions: E2 visas are typically granted for up to two years, but they can be extended indefinitely as long as the business is operational and meets all requirements.
- No Minimum Investment Amount: While the investment needs to be substantial, there is no set amount required, making this visa accessible for a wide range of entrepreneurs.
- No Limit on the Number of Employees: There’s no requirement for the business to hire U.S. employees, but employing U.S. workers can help show the business is generating significant economic activity.
- Opportunity for E-2 Treaty Investor Visa Holders: This can open pathways to opportunities such as investor visas for a family’s future generation and even the chance of switching to other visa categories in the future, like an L-1 or EB-5.
3. E2 Investor Visa Application Process
The E2 visa application process can be broken down into several steps:
Step 1: Check Eligibility
Before starting the application, confirm that your country has a treaty with the U.S. and that your investment is considered substantial.
Step 2: Prepare Your Business Plan
One of the most crucial parts of the application is providing a well-documented business plan. This plan should outline:
- The nature of the business
- How you intend to invest and operate it
- Projected income and business growth
- Number of employees and hiring strategies
Step 3: Make the Investment
Invest your capital into the U.S. business. The investment should be “at risk,” meaning it should be subject to market conditions, and the money should be fully committed to the business.
Step 4: Complete Form DS-160
The DS-160 is the online application form for a non-immigrant visa. You will need to complete it and upload your photograph.
Step 5: Submit Visa Application
After completing the DS-160 form, schedule an appointment with the U.S. embassy or consulate in your home country. You’ll need to submit supporting documentation such as your passport, proof of investment, business plan, and proof that you’re a national of a treaty country.
Step 6: Attend Visa Interview
During the visa interview, the consular officer will evaluate your application. Be prepared to answer questions about your business plan, investment, and the nature of the business you’re operating.
Step 7: Wait for Visa Approval
If your visa is approved, you will receive your E2 visa stamp in your passport, allowing you to travel to the U.S. and begin operating your business.
4. E2 Investor Visa for Family Members
One of the standout features of the E2 visa is that it allows for the inclusion of family members:
- Spouse: Your spouse can apply for work authorization (Form I-765) to work in the U.S. without restrictions.
- Children: Your children under the age of 21 can accompany you on the E2 visa as dependents, and they can attend school in the U.S.
5. E2 Visa Renewal and Extension
The E2 visa is issued for a period of two years, but it can be renewed or extended as long as you maintain the business and meet the visa requirements. There is no maximum limit on the number of times the E2 visa can be extended.
Key Points for Renewal:
- Your business must be operating and generating enough income to support you and your family.
- You must continue to play an active role in the business operations.
- Extensions are typically granted for another two years.
6. E2 Investor Visa vs. EB-5 Immigrant Investor Program
While the E2 visa is a temporary, non-immigrant visa, the EB-5 Immigrant Investor Program provides a pathway to a green card (permanent residency) in exchange for a substantial investment of $1 million (or $500,000 in certain areas).
If your goal is to eventually obtain a green card, you may consider the EB-5 route, though the E2 visa is often preferred for entrepreneurs who are just starting a business or do not yet want to commit to the larger financial investment required for EB-5.
7. Common E2 Visa Denial Reasons
E2 visa applications are not guaranteed, and some common reasons for denial include:
- Insufficient proof of a substantial investment
- Lack of a well-detailed business plan
- Inability to show the applicant’s intent to return to their home country after the visa expires
- Failure to meet the "active role" requirement in the business
Is the E2 Investor Visa Right for You?
The E2 Investor Visa offers a fantastic opportunity for entrepreneurs to grow their businesses in the United States. With the right guidance and support, this visa can serve as a pathway to success in the U.S. business landscape.
At Leso, we are dedicated to providing expert advice and support throughout the E2 Investor Visa application process. Whether you need help with your business plan, investment strategy, or visa application, we’re here to assist you every step of the way.
