The E-2 Investor Visa
Highly Experienced E-2 Visa Lawyer in Orlando Helps Foreign Nationals with Their Visa Application
What is the E-2 visa?
The E-2 nonimmigrant classification allows a national or citizen of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. It allows an individual to live and work in the United States under the employment of the company for which the E2 visa was granted. Spouses of E-2 beneficiaries are also eligible for work authorization. However, they are not limited to their spouse’s employment.
Who can qualify for an E-2 Visa?
- Nationals and Companies of Treaty Countries
- Individuals who have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
- Individuals seeking to enter the United States solely to develop and direct an investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
Where to apply for the E-2 Investor Visa?
- If an applicant of an E-2 classification is lawfully admitted into the United States under a visa issued on their passport of qualifying nationality, and are in lawful status (have not overstayed or violated their nonimmigrant status), the applicant can seek a change of status by filing the I-129 petition.
- If an applicant or beneficiary of the E-2 classification is abroad, or is not eligible to change status within the United States, the applicant can seek an E-2 visa at the corresponding US consulate or embassy abroad. Please note, each US consulate has different rules or requirements relating to the E-2 visa, this can include page limits, specific evidence requirements, and different procedural rules for filing.
E-2 Visa Requirements
- The E2 investor must be a national of the treaty country
- The investment must be substantial
- The enterprise must be a real operating enterprise
- The investment may not be marginal
- The investor must have real financial risk
- The investor must intend to direct/supervise the enterprise in the U.S.
- The investor must be able to demonstrate the source of funds
Benefits of the E-2 classification
- The E2 visa holder can legally work and reside in U.S.
- Holder can seek a change of status within the United States or obtain one through consular processing, if the requirements above are met.
- Many treaties allow applicants to seek extensions indefinitely if requirements are maintained. Please note, classification periods are different based on country and applicable treaty.
- The spouse of the E-2 primary is eligible for work authorization. Children unmarried and under the age of 21 can accompany the beneficiary. However, they are not eligible for work authorization.
- The E-2 holder could be eligible for permanent residence (green card) through an EB1 visa petition, under specific circumstances if the company in the U.S. is owned by a foreign entity, and the beneficiary was employed abroad in an executive or managerial capacity prior to admission to the United States.
- Eligible for premium processing for faster adjudication (change of status applications only).
How long is an E2 visa valid?
E-2 Visas are commonly referred to as Trader Treaty & Investor Visas. Much like that name implies, these visas are governed by the agreement between the applicant’s country and the U.S. For this reason, the time for which an E-2 visa may be granted varies greatly from country to country. The validity period of the visa determines when a visa holder may enter the U.S., however, E-2 visa holders are allowed a maximum stay of two years regardless of the validity period of the visa.
Once an E2 visa holder enters the U.S., they can stay for a period of two years with E-2 status. This allows time for the applicant to prove the viability of their business or investment within the U.S. Some countries will allow E-2 visa holders multiple entries to the U.S. In those situations, the visa holder should be granted two years of E-2 status even if they reenter the U.S. on the last day before their visa expires. If the E-2 visa expires before the investor reenters the U.S., a new visa application must be processed.
Where Do Our E2 Clients Come From?
Some popular countries for E-2 investor visas to the U.S. are: Egypt, Italy, Jordan, Spain and the United Kingdom.
E-2 Investor Visas from Egypt:
If you are applying from Egypt, the E-2 visa will be valid for a period of three (3) months. These visas only allow for one entry into the U.S. Once you enter the US, you will be authorized to stay for a period of two years.
E-2 Investor Visas from Italy:
If you are applying from Italy, your E-2 visa may be valid for a period of up to five (5) years. You are allowed multiple entries into the U.S. during that time. With each entry into the United States, the authorized period of stay would be for two years.
E-2 Investor Visas from Jordan:
If you are applying from Jordan, your E-2 visa may be valid for a period of three (3) months. These visas only allow for one entry into the U.S. Once you enter the US, you will be authorized to stay for a period of two years.
E-2 Investor Visas from Spain:
Spain currently allows E-2 visas for a period of five years and allows for multiple entries to the U.S. within that time.
E-2 Investor Visas from the United Kingdom:
If you are applying from the United Kingdom, your E-2 visa may be valid for a period of up to five (5) years. You are allowed multiple entries into the U.S. during that time. This treaty does not cover members of the Commonwealth other than the United Kingdom.
Why An Immigration Attorney?
Attorneys can assist by creating a case plan that best fits a client’s timeline. They can also analyze whether the U.S. investment is a bona fide enterprise, is substantial, and not marginal. Not all business models can qualify for the E-2 Investor Visa. An experienced immigration attorney can discuss the advantages and disadvantages of different business models.
Contact Our Experienced E2 Visa Attorney in Orlando
Many clients need assistance with an Arabic or Spanish speaking immigration attorney to help navigate their case through the complex immigration laws. Attorney Mubarak speaks English, Arabic, and Spanish. He has successfully assisted clients from Venezuela, Italy, Dubai, Palestine, India, Egypt, Panama, and Mauritius seeking E-2 status. We can also assist you in Portuguese. Our office has an incredible track record for successful E-2 cases. Check some of our previous results and our client reviews here. Please call us today at (407) 502-3000 or fill out our online form located on this page and we will get back to you shortly. We have a 24-hour emergency service and offer a free initial phone consultation. Your privacy is very important to us and we will keep your information confidential.
*** Pursuant to the rules of the Florida Bar, you are advised that if past results are mentioned, each case is different and those provided may not be representative of future results obtained by the lawyers.
2019 - E-2 Visa Consular Process London. Clients were involved in the real estate business in the UK, and were in the need to diversify their assets due to the political turmoil with BREXIT. The Couple created a new company which would provide eco-luxury transportation in Central Florida. The Company purchased several luxury/eco-friendly vehicles for their fleet. The E2 visa was applied for at the Embassy in London, and was approved on the spot!
2019 – E-2 Visa Change of Status (Egypt) - Clients are a young couple from Egypt. The couple with their two young children came to Orlando, Florida to visit the theme parks. The family fell in love with the city. After a few weeks of investigation, and discussion, they decided to seek an E2 visa. As this was a young couple, the funds had to be gifted by on of their parents. They purchased a franchise ice-cream store, and their case was approved!
2016- E-2 visa. Attorney Mubarak represented a young family from Egypt with regards to their E-2 investment visa. The family had limited funds, but where in the United States on a B1/B2 visa. The young couple invested less than $50,000, and their case was approved!
October 7, 2019
★★★★★ Posted in Yelp by AP
Just the best team you could work with!!! thank you so much for all your help getting our visa. Nayef and Gloria are so professional and thorough they made our experience getting our E2 visa wonderful. Nayef was so patient when we chopped and changed our minds buying different business and he took it in his stride helping us all the way, finally we made a decision and the work began gathering the information required, with the short time we had left in the USA before returning to our home country our application was submitted. Gloria arranged our interview at the American Embassy in London, and both Nayef and Gloria kept us updated and called to go through everything before the interview. I think the American Embassy had so much information on the business we were only asked three questions...YES YOUR APPROVED!!!! Our smiles were beaming from ear to ear, it's been an absolute pleasure to work with such a great hard working team....THANK YOU SO MUCH
August 24, 2017
★★★★★ Posted in Google and AVVO by Paolo Capozzi
(Translated): MUBARAK, today I want to make public, my gratitude. Under the professional guidance and services of Dr Nayef we managed to qualify for our E2 visa. His professionalism and the good advice of Gloria, his assistant, made us feel safe every step of the way. Our family is grateful and our business is on the road to success. Thanks again. Paolo Capozzi.
November 6, 2016
Best immigration attorney, highly recommended
★★★★★ Posted in Google by Mary K.
Mr. Mubarak is by far the best immigration attorney in Orlando. He took care of our E2 investor Change of status and despite the short time that we had, he managed to get us and approval. Mr. Mubarak is very professional, attentive and informative. He was able to answer every question that we had in an honest and informative way. We are so lucky that he is our immigration attorney and we are so thankful to him for the great effort he put in our case.