What is the E-2 visa?
The E-2 Visa is a nonimmigrant visa that 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.
E2 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. We also offer company formation services for our investor visas clients. 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. Your privacy is very important to us and we will keep your information confidential.
