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E2 Visa Details

The E2 Treaty Investor visa allows the investor to live and work in the US to direct and develop the business, and allows entry of Executive, Management and Essential skills employees.

 

Required documentation for the embassy

Each visa applicant must pay a non-refundable $205 non-immigrant visa application processing fee and a visa issuance reciprocity fee for certain countries.

 

The required documents are:

  • Online Non immigrant Visa Electronic Application, Form DS-160. The State Department has a DS-160 webpage that details the DS-160 online process.
  • Nonimmigrant Treaty Trader/Treaty Investor Application DS-156E, completed and signed, for executives/managers/essential employees.
  • A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person must complete a Form DS-160 application.
  • One 2-by-2-inch (5-by-5-cm) photograph.
  • As part of the visa application process, an interview at the embassy's consular section is required for almost all visa applicants.
  • A credible business plan showing that the US business will generate enough money to support the applicant during his/her stay in the US along with all his dependents. The business cannot be marginal.
  • A business registration for the United States business.
  • Proof of wire transfer.
  • Proof of source of income.
  • Proof of intent to return to your country (because this visa does not allow dual intent).

General Information on E2 Visa

 

  • The E-2 Investor Visa allows an individual to enter and work in the United States based on an investment in a U.S. business.
  • The E2 visa is valid for three months to five years (depending on the country of origin) and can be extended indefinitely.
  • The investment must be "substantial", although there is no legally defined minimum.
  • The E-2 visa is available only to citizens of certain countries
  • The E2 visa investor must have a controlling interest in the business (generally over 50% ownership).
  • investors are allowed to buy a franchise or business for sale
  • visa interview is required
  • E-2 visa holders can adjust their status to immigrant status.
  • The holder of an E-2 visa may leave the United States at any time
  • Family members can migrate altogether
  • spouse of the E-2 holder can get an open work permit

Some Additional Information About E-2 Visa

 

  • Spouses and unmarried children (under 21) may receive derivative E-2 visas in order to accompany the principal immigrant
  • Dependents may seek employment in the US by applying for employment authorization using Form I-765, Application for Employment Authorization.
  • Children under 21 cannot apply for work; only the spouse of the E-2 holder can.
  • Persons age 13 and younger, and age 80 and older, generally do not require an interview
  • The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. 
  • The investment enterprise can not be a marginal business that is not to 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. 

E-2 visa costs

  • Minimum investment amount is typically over US dollars $150,000. 
  • E-2 visa cost for investor present in USA – Form I-129 fee $460 (Form I-539 – $370 per dependent),
  • 15 days premium processing at $1,440.
  • Investor in Home-country – $205 fee per DS-160 form.
  • Lawyers’ costs vary case to case