Your Complete Guide to E-2 Investor Visas
Learn the basics of E-2 investor visas, including key eligibility requirements and how an immigration attorney can help you file.
Attorney Leonelba Martínez (Founder)
What Is an E-2 Visa?
The E-2 Visa, or treaty investor visa, is one of the many types of U.S. visas available to citizens of countries with which the U.S. has trade treaties. The United States currently has trade treaties with more than 30 countries.
Individuals with substantial investment funds can enter the U.S. on an E-2 visa to establish a bona fide enterprise. A bona fide enterprise refers to setting or running a real and existing business or office that produces a profit-making service or product.
The E-2 visa does not provide residency, unlike a Green Card. However, one of its main benefits is extending the E-2 visa indefinitely or for as long as the investment enterprise is viable.
If you are interested in the E-2 visa, consult an employment immigration attorney for a complete analysis of your eligibility and help with the application process.
Who Can File for an E-2 Visa?
Treaty investors may apply for E-2 status if they currently have a lawful nonimmigrant status in the United States.
An employer can also request an E-2 visa for an employee currently in the United States with a lawful nonimmigrant status by filing Form I-129 on the employee’s behalf.
This can be a complicated process that may require the help of a deportation defense attorney.
Can E-2 Visa Applicants Bring Their Family Members to the U.S.?
Unmarried children under 21 and spouses can accompany treaty investors and employees. Family members can apply for E-2 nonimmigrant status as dependents even if they do not have the same nationality as the principal applicant visa applicants.
If approved, they will have the same stay period (up to two years) as the treaty investor. Spouses of E-2 workers with valid E-2 or E-2S status are considered employment authorized incident to status, meaning they do not need to file a separate application to work in the U.S.
The exception is spouses of E-2 Commonwealth of the Northern Mariana Islands (CNMI) investors, who must apply for separate employment authorization status.
To understand the required documents and the applicable legal requirements, consider hiring a Boynton Beach immigration lawyer.
E-2 Treaty Investor Visa Requirements
The U.S. and the foreign country must have a treaty.
The firm you want to invest in or work for must be owned in majority by nationals of a treaty country.
The E-2 principal applicant must visit the U.S. to develop and grow the business.
The E-2 applicant should own 50% or more of the business, have operational control, serve in a supervisory or executive capacity, or have essential business skills.
The company’s investments must be “at risk,” meaning investors could lose money.
There must be a substantial investment.
The investment/business should support more than the investor’s immediate family.
The investor controls the investment funds.
The U.S. business must be active.
The E-2 applicant must plan to leave after their U.S. duties.
The investor must have sufficient funds to pursue the investment.
E-2 investments must not be marginal. A marginal enterprise does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family.
It is advisable to consult immigration law attorneys for more information on E-2 immigration visas and the immigration process. They can provide additional advice on immigration law and assist with application filing to ensure a smooth immigration experience.
E-2 Visa Travel Restrictions
The E-2 visa does not limit its holder’s ability to travel. You are permitted to travel an unlimited number of times up until the time that your E-2 visa expires. In addition, the United States Citizenship and Immigration Services (USCIS) will not restrict your time outside the country.
Can Investor E2 Visa Grant a Permanent Residence?
Since the E-2 visa is in the nonimmigrant visa category, it does not automatically result in the holder being granted a Green Card.
You need to submit an application for immigrant classification and get it approved before you can transition from an E2 visa to a Green Card.
Consult an Immigration Lawyer Today
If you are considering applying for an E-2 visa or adjusting your current immigration status to an E-2, contact a qualified immigration attorney.
An experienced immigration lawyer will provide you with guidance and advice on the requirements, paperwork, and timelines. With their help, you can make sure that your application is complete and accurate, giving you a greater chance of having your application approved.
Contact the law offices of Leonelba Martínez, P.A. for reliable and professional assistance with your E-2 visa application or adjustment of status process. Our team of experienced immigration lawyers will provide legal guidance and advice on your immigration matter.