Business Immigration

Requirements for the E-2 Investor Visa.
How to Apply.

 

No employees are necessary.
There is no requirement that the business have employees, although it gives more credibility to the business venture if the plan includes hiring employees some time in the future.
 

A minimum of 50% ownership is required.
An E-2 Investor must own not less than 50% of the underlying business. However, the owner of the remaining 50% ownership may not be another E-2 investor. 
 

Any business may qualify. 
Any type of business activity may qualify for the E-2 investor visa, including logistics, restaurant, consulting, accounting, home care, engineering, IT, construction, hospitality, mechanical repair, beauty industry, etc.
 

No specific education or training is required.
Although the USCIS may ask why the investor thinks he may be successful in his new venture in the U.S., there is no specific education, experience or training required for this visa.
 

Business Plan.
A business plan is required to demonstrate that the investor would not only be able to support himself, but that the business will grow significantly and will not be merely a means of generating a salary for the investor (not marginal enterprise).  
 

Source of Funds.
The investor is required to demonstrate the source of funds for the investment. For example, the investor may show his bank account and explain that he got the funds from the sale of real estate or other assets, from business income, or from a salary. The money can also be borrowed, so loan documents would need to be prepared.
 

Start of Business Operations.

The USCIS wants to see your investment funds deposited into your U.S. business or personal account. The deposit should be consistent with at least the minimum requirements ($90,000 to $150,000) and consistent with the cashflow requirements stated in your business plan. It is preferred by the USCIS that you start your business operations and start spending your investment funds for business purposes (although it is not required). You may show equipment and other assets in lieu of or in addition to a cash deposit. Our attorneys and financial advisors may help you establish your business in the U.S.
 

Executive Functions.
The investor’s functions in his business would be those of an executive. He would be required to direct and develop the business. This would be generally reflected in the business plan.
 

Duration of Stay and Visa Extensions with the USCIS.
The E-2 visa is extended indefinitely in 2-year increments. There is no limit as to how many times an E-2 investor may get the visa extended, provided that the business follows the E-2 requirements. 
 

Extensions at the point of entry.
Every time that you enter the United States with an E-2 visa, (regardless of how often you travel), you may get a visa extension stamped into your passport at the point of entry for 2-additional years each time.  However, for this visa, you will need to appear for consular processing at a U.S. Embassy the first time that you travel outside the U.S. so that you may re-enter the U.S. Please see the section immediately below.
 

Consular processing. 
Although the E-2 holder may stay in the U.S. indefinitely (subject to visa extensions), he must appear at a U.S. Embassy for consular processing before returning to the U.S. with the E-2 visa for the first time. He may or may not be subjected to an interview there. After receiving an E-2 visa at the U.S. Embassy, the E-2 visa holder will generally not be required to appear at the U.S. Embassy again pertaining to this E-2 visa.
 

Family of E-2 Investor.
The spouse and children under 21-years of age may enter the U.S. and stay in the U.S. during the E-2 visa validity period. Spouse and children may travel and enter the U.S. an unlimited number of times independently. 
 

Work authorization for the spouse of an E-2 Investor.
The spouse receives work authorization to work for any U.S. employer for the duration of an E-2 visa.

Children or spouse of an E-2 holder may study in the U.S. Children or even spouse of the E-2 visa holder may enroll in any educational institution or program in the U.S. throughout the duration of the E-2 visa.
 

Change of Status and Green Card.
E-2 visa holder may change status to any other visa for which he may be qualified or adjust status to a Green Card based on any valid petition, such as an Immediate Relative Petition or Immigrant Petition for Alien Workers, for example. So, while the E-2 visa does not in itself lead to a Green Card, the E-2 holder is not precluded from seeking a Green Card through EB-2/EB-3 Labor Certification, EB-1C, or any other available means.

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E-2 visa processing. 

Unlike other visas, E-2 visa petition is filed with the USCIS only if the petitioner is in the U.S. Otherwise, the petition is filed with the U.S. Embassy. If the petition is in the U.S. while the petition is filed, but leaves the U.S. before the petition is adjudicated, the USCIS will not process the petition, and will advise the petitioner to apply at the U.S. Embassy.

 

Time.

It takes approximately 2-8 months to adjudicate the E-2 visa by the USCIS, depending on whether the matter was filed as premium processing and, on the information available in support of the petition, and on the general business of the USCIS. If the E-2 petition is filed with the U.S. Embassy, times vary from Embassy to Embassy, but in general, your E-2 visa may be processed within approximately 6 months.