Nationals of countries with a treaty of trade and commerce with the United States may qualify, who have made or who are in the process of making a substantial investment in an active U.S. business entity that employees at least one U.S. worker, may qualify for E-2 Investor Visa status. The investor must be coming to the United States in order to develop and direct the investment enterprise.

The meaning of “Substantial” investment is relative to the nature of the investment enterprise. However, an investment of at least $100,000 should be considered the minimum.

Generally, for investment of less than $500,000, the total qualifying investment should be equal to at least 75% of the value of the enterprise. For investments of over $500,000, the total amount investment should equal to at least 50% of the value of the enterprise.

The investment funds need to be lawfully acquired, and be at risk if the enterprise fails, or otherwise does not realize a profit.

In cases where the business purchase agreement is made conditional upon approval and issuance of the E-2 visa, the investor needs to show sufficient liquid assets transferred from abroad, necessary to purchase the enterprise once the visa is issued.

An E-2 investment can be made in either a new or existing U.S. business enterprise. Where the enterprise is new, the investor will need to provide a substantial business plan, outlining costs, and profits for the new enterprise over a 5 year period.

The investor must own and control the investment enterprise, and provide evidence that the investment enterprise, is or will make a profit, and that the nature of the business enterprise requires the hiring of at least one full time, U.S. citizen or Permanent Resident. In addition, the employment offered the investor by the investment enterprise, must be either executive or managerial.

E-2 Essential Worker

Once the E-2 enterprise is qualified, nationals of the E-2 country with essential skills, and or specialized knowledge essential to the success of the business operations, may also apply for an E-2 visa.

Application Process

To obtain an E-2 visa that provides for travel outside of the United States. The E-2 visa must be applied for at a U.S. consulate or embassy abroad. The normal consular processing time for E-2 cases is only 4-6 weeks. Consular issued E-2 visas are valid for a maximum initial period of 5 years, with consecutive 5 year renewal periods. There is no limit on the number of renewable periods. Spouses of E-2 visa holders, may apply for work authorization, once in the United States, by submitting USCIS form I-765. Dependent children of E-2 visa holders, under 21, may study in the United States, but they are not authorized to apply for work authorization.

To renew an E-2 visa at a U.S. consulate or embassy, the visa holder must demonstrate that the initial investment amount remains in the active U.S. business, and that the investment enterprise has at least one full time U.S. worker.

USCIS Processing

Foreign national of treaty countries who are already in the United States with valid non-immigrant status, other than as a Visa Waiver visitor, may apply at a USCIS regional center to change their status to that of E-2, with the submission of a form I-129, and E Supplement.

The maximum initial period of authorized stay for an E-2 visa processed at a USCIS regional center is only 2 years, with consecutive 2 year renewal terms available. There is no limit to the maximum period of authorized stay for E-2 status holders.

A major disadvantage of this USCIS processing, is that the applicant does not receive an E-2 visa, but instead merely changes his/her status in the United States to that of E-2. This means that the holder of status change to E-2, while in the United States, may not re-enter the United States following a trip abroad, with E-2 status.