E2 Visa Lawyer

The E-2 Visa allows foreign nationals from treaty countries to live and work in the United States by investing and directing the operations of a U.S.-based business. To qualify, the applicant must be a citizen of a country that maintains a qualifying treaty of commerce and navigation with the U.S. While there is no fixed minimum investment amount, the investment must be substantial and sufficient to support the successful operation of the business.

What is an E2 Visa? 

The E-2 Treaty Investor visa exists for citizens of countries that maintain a treaty of commerce and navigation with the United States. It enables an individual to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business. A major benefit of this classification is that it can be utilized by foreign nationals to establish and open a business in the United States. In addition, certain employees of a qualifying organization may also be eligible for this classification.

What are the Requirements For an E-2 Visa?

The first step in the application process is determining eligibility. To qualify for E-2 status, the treaty investor (whether a business or individual) must:

  • Be a national of a country with which the U.S. maintains a treaty of commerce and navigation;
  • Have invested or are actively in the process of investing a substantial amount of capital in a new or existing U.S. business; and
  • Be seeking to enter the U.S. solely to develop and direct the investment enterprise, a real, active commercial undertaking that produces services or goods for profit.

Nationality and Ownership

A treaty investor, whether an individual or business, must possess the nationality of the treaty country. Determining the nationality of an E-2 company is determined by the nationality of the individual owners comprising that business. At least 50 percent of the business in question must be owned by nationals of the treaty country. In a corporate structure, the government generally looks to the nationality of the owners of the stock. If a business in turn owns another business, then the nationality of ownership is traced back to the parent organization.

Investing a Substantial Amount of Capital

For E-2 purposes, an investment is the placement of the investor’s capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The investor must have full control over the investment funds, and the capital must be subject to partial or total loss and irrevocably committed to an enterprise.

U.S. immigration regulations do not establish a minimum dollar amount for E-2 purposes that directs the dollar amount necessary in order for the investment to be considered substantial. For E-2 purposes, however, a substantial amount of capital is:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one;
  • Sufficient to ensure the treaty investors financial commitment to the successful operation of the enterprise; and
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

 

In addition, the investment must not be marginal, that is, the business must have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. An applicant is not entitled to E-2 classification if the investment, even if substantial, will return only enough income to provide a living for the applicant and family. Therefore, a major requirement for a successful E-2 application is documenting the business’s plans to hire U.S. workers and generate substantial revenues.

Essential Role in the U.S.: Investor & Employees

A principal investor or certain employees can obtain treaty-investor status.  In order to enter the U.S. in this status, the principal investor must be responsible for the development and direction of the investment.

If a foreign national employee has the same citizenship as the owner(s) of the E-2 enterprise, that applicant may also qualify for an E-visa. The job the employee will perform must be executive or supervisory in nature, or the employee must possess special qualifications that are essential to the operation of the U.S. enterprise.

Executive or supervisory job duties are those that primarily provide the employee with ultimate control and responsibility for the organization’s overall operation, or a major component of it.

Special qualifications are skills that make the employee’s services essential to the efficient operation of the business.  These include, but are not limited to:

  • The degree of proven expertise in the employee’s area of operations;
  • Whether others possess the employee’s specific skills;
  • The salary that the special qualifications can command;
  • Whether the skills and qualifications are readily available in the United States.

What is the Petition Process For an E-2 Visa?

The attorneys at Berardi Immigration Law work closely with the E-2 visa applicant to assemble the application, prepare all forms, and draft a detailed Letter of Support. Once the application is finalized, the petition is typically sent electronically to the Consulate or Embassy with jurisdiction over the application. (Processing times for the Consular review of the E-2 visa application vary depending on the location.) The applicant must then attend an in-person E-2 visa interview. Upon approval, the applicant’s passport is generally returned within 3-5 business days with the E-2 visa stamped inside.

What is the Period of Stay For an E-2 Visa?

The visa validity length for the E-2 category varies by country based on reciprocity agreements. For Canadians and most European countries, the E visa is typically issued for a five-year period, and upon entering the U.S., E visa applicants are admitted for up to a two-year period of stay per entry. Following the initial two-period E-2 nonimmigrants generally must travel abroad and reenter the U.S., at which time they will be granted an automatic two-year period of readmission. In addition, requests for an extension of status may be granted in increments of up to five years at an embassy or two years if filing with USCIS via mail, and there is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. Keep in mind, however, that the visa can only be renewed or extended if the investment continues to meet all applicable requirements of U.S. immigration laws and regulations.

Dependents of E-2 Visa Holders

The spouse and unmarried children (under 21 years of age) of the primary E-2 applicant may also accompany or follow the primary holder in that same status. They are not required to have the same nationality as the principal applicant. Spouses and children may attend school, and spouses are immediately eligible to work following entry to the U.S.

Why Work With a Berardi E-2 Visa Lawyer?

Strong E-2 cases tell a compelling story. It is as much a sales pitch as it is a legal application. The government wants to see the entrepreneurial spirit of the investor along with the positive local, regional, and/or national economic impact of the investment conveyed through a business plan and represented on your visa application. Presentation is key. This mindset is how our attorneys approach each and every case. At Berardi Immigration Law, our staff of skilled immigration attorneys has access to a network of resources that allows us to handle every aspect of your E-2 visa application. From analyzing corporate documents to coordinating with professional business plan writers, our team will guide you through the entire process and bring your entrepreneurial vision to life. If you have an idea, the entrepreneurial drive to execute, and access to a modest amount of capital to invest in the U.S., you may qualify for an E-2 visa. We have successfully prepared E-2 visas for a variety of businesses, including everything from a pool company, to a yoga studio to an Asian restaurant, to a golf architect company, and a media company. The possibilities are endless, and our clients love obtaining a five-year work visa. Contact our office today and schedule a consultation.