- Privilege of the E 2 treaty investor visa
- Requirements for obtaining an E 2 visa
- Necessary documents for apply on E 2 treaty visa
- How to apply for a E 2 treaty investor visa
- Term of visit of American E2 visa
The E 2 Investor Visa permits for a person who want come and work in the USA based on the investment the personality will be rolling, while this person stays inside country. This type of visa must be renewed every two years since the person get it, but there is no limit to reunification times. The investment under this type of visa must be “substantial.”
Investor visas, such as E 2, are available only to citizens of some special countries. E 2 visas are also available to non-investor employees of the exact business, as long as the workers are the same nationality as their investor and are destined for a role in the US business that is either executive/supervisory or requires unique or rare skills that are essential to the efficient operation of the US enterprise.
For new startups and projects on the territory of US, the investment must be large enough to start and develop business. The amount of investment depends on the type of business that will be created in USA.
The investment won’t be considered substantial if it is not big enough to capitalize the venture. The USCIS authorities will use an “Inverted Sliding Scale” to determine whether the investment is substantial in proportion to the overall price of the enterprise being established.
Getting a visa E is the best way to invest in an American company. However, citizens of only certain states that have concluded an appropriate agreement with the US can apply for a visa E.
To obtain a E visa you need to make the following types of investments:
- private investment to buy or open a small business;
- investment of a large corporation into a new or existing multimillion-dollar company.
In addition, you can invest in any type of business, including small service firms.
Privilege of the E 2 treaty investor visa
The term investment implies commercial investments, for example, the purchase of equipment, machinery, buildings, land on which it is planned to build something, etc.
- legally work in the US for an American company that is an object of investment;
- freely enter and leave the US with a valid E 2 visa;
- one of the advantages of issuing an E2 visa is that it is issued for an unlimited period. That is, while the investments invested in American business, work, bring profit and can provide at least 3-4 jobs, this visa will be extended;
- you may be visited by persons who are dependent on you (spouse) and unmarried children under the age of 21 years), for living in the US. The investor’s family can also reside in the US under an E2 visa. The spouse of the investor can obtain a work permit in any company and work there until the permit is valid. The children of the investor cannot work in the USA. In addition, children who have reached the age of 21 and have established their own family do not have the right to reside in that state in the previous status;
- your spouse can be employed by applying for a document authorizing employment.
The drawbacks of this visa include the fact that it does not give the right to receive a Green Card, in contrast, for example, from the EB-5 visa.
The candidate for issuing visa E 2 after receiving it practically loses the opportunity to receive a Green Card in the future. If such cases occur, it is, rather, an exception than the rule.
For example, to get Green Card, you need to expand your business so that you can invest in US business from 500,000 dollars, then get a visa for EB-5, and then – Green Card.
Requirements for obtaining an E 2 visa
You can obtain an E2 visa on the territory of the US, for example, on a tourist visa. It should be noted that this type of visa does not require a business in the country of residence of the investor.
That is, the fact of owning a business at home is not necessary. It is more important to prove that the finances that the applicant for E2 invests in the development of the American company belong to him, earned in his country by legal means and paid taxes for them.
To obtain an E 2 visa, you must meet the following requirements:
- You must be a citizen of the country that signed the treaty
To obtain an E 2 visa, you must be a citizen of a country that has signed a trade and navigation agreement with the US.
These countries currently include: Austria, Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Georgia, Germany, Grenada, Honduras, Egypt, Jordan, Iran, Canada, China, Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland Romania, Senegal, Singapore, Slovakia, Slovenia, Sri Lanka, Suriname, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, Spain, Sweden, Switzerland, Ethiopia, Yugoslavia, Jamaica, Japan.
- An investor is sufficiently secured to support himself, regardless of the profit of the enterprise in which he invested money.
- Business should bring “more than enough income” to ensure a decent life for the investor and his family.
- Your investments must be significant
Investments should be sufficient to ensure the successful operation of the enterprise. The percentage of investment required for low-budget enterprises is usually higher than the investment required for high-budget enterprises. Invest in the development of American business. The minimum amount is not specified. As practice shows, to get an E2 visa it is enough to invest from 100 000 dollars.
- Your investments should be invested in existing commercial enterprises
Speculative or passive investments are not taken into account. Unused funds on bank accounts or similar investments are not considered as investments.
- Your investments should not be marginalized
Investments should bring considerably more income than just enough for a life for you and your family, or they should have significant economic consequences in the US.
- You must control funds and be responsible for investments
You must control the funds, and investments must be commercially risky. Risky loans are not considered secured by assets of an investment enterprise
The next condition is that at least 50% of the company’s investment should belong to an investor-foreigner.
The investor must manage the business.
Necessary documents for applying on E 2 treaty visa
Each E 2 Visa applicant must pay a nonrefundable payment of 205$ which is nonimmigrant visa application processing fee and a visa issuance reciprocity fee for some special countries.
The required documents and papers are:
- Form DS-160 which calls “Online Nonimmigrant Visa Electronic Application”.
- Application DS-156E which is “Nonimmigrant Treaty Trader/Treaty Investor” that need to be completed and signed by the applicant, for executives/managers/essential employees
- A passport which is valid for travel to the USA and with a validity date at least six months beyond the applicant’s intended period of stay in the US
- If there is more than one person is included in the passport of main applicant, each person must complete a Form DS-160 application too as well
- One 2-by-2-inch (5-by-5-cm) photograph on white background behind
- Visit and pass an interview at the embassy’s consular section for each applicant is required
- A credible business plan with all the risks included that is showing that the US business will generate enough money to support the applicant during their stay time in the US along with all his dependents. The business can’t be marginal
- A business registration for the USA business
- Evidence of the wire transfer
- Evidence of sources of income of the money funds
- Evidence of intent to return to your country
How to apply for an E 2 treaty investor visa
All the applicants should basically apply at the U.S. Embassy or Consulate accredited to their place of permanent residence in their own country of the homeland. As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 years old through 79 years old as well.
Persons who are under the age of 13 and younger, and age 80 years old and older, basically don’t need to go through the interview, unless it can be requested by embassy or consulate center.
During the visa of E 2 application process, usually at the interview, an ink-free, digital fingerprint scan will be taken before the interview. Some applicants will need additional screening (perhaps, you will be fingerprinted once again or you will be done with your eyes screening as well too), and you will be notified about it.
The E 2 visa application process varies from Consular Posts in different countries because of a different relationship between the US and other countries. It happens because of difference in policies and visa processing procedures in different countries around the world.
Term of a visit of American E2 visa
Initially, the E 2 visa is issued usually for a five-year period. You can receive the extension of the E 2 status each time for up to two years from the USCIS. Since there are no restrictions on the number of renewals, you can remain in the US for an indefinite term.
Non-immigration intentions are the main feature of the E 2 investor visa, which distinguishes it from L-1. When applying for an E 2 visa, you must confirm that you will leave the US after the expiry of its validity period, that is, you do not plan to stay in the US.
Unlike the E 2 visa, if you are the owner, executive director or executive officer and have received a visa L-1, then you are allowed to have dual immigration intentions. That is, even if you plan to immigrate to the US in the future and speak about it directly, and even if you applied for a residence permit, you will still be issued an L-1 visa (but not E-2).