E2 Visa Eligibility

The E-2 Visa is a popular option for entrepreneurs from treaty countries who want to invest in and run a business in the United States. It allows individuals to live and work in the U.S. while managing their investment, making it a great opportunity for those looking to expand their business internationally.

Key Aspects of the E-2 Visa

Eligibility Criteria: To qualify for an E-2 visa, you must be a citizen of a country that has a qualifying treaty with the United States. You also need to make a substantial investment in a U.S.-based business. The term “substantial” can vary depending on the type of business, but generally, the investment must be enough to ensure the business is operational and sustainable.

Application Process:

• Applying Inside the U.S.: If you are already in the U.S. on a different nonimmigrant visa, you may apply to change your status to E-2 by filing Form I-129 with U.S. Citizenship and Immigration Services (USCIS). This option allows you to stay in the U.S. while your application is processed. However, note that this process does not result in a visa being stamped in your passport. If you need to travel outside the U.S., you will have to apply for the E-2 visa at a U.S. consulate abroad to re-enter the country.
• Applying Outside the U.S.: If you are outside the U.S., you will need to apply for the E-2 visa at a U.S. Embassy or Consulate in your home country or a country where you have residency. This process involves completing Form DS-160, along with providing detailed documentation of your investment and business operations. If approved, you will receive an E-2 visa in your passport, which allows you to enter the U.S. as an E-2 nonimmigrant.

The visa application fee is typically around $315, and you may also need to pay other associated costs depending on your circumstances, such as premium processing fees if you want to expedite the process.

Business Types: A wide range of businesses can qualify for an E-2 visa, from small service-based businesses like cafes or consulting firms to larger commercial ventures like manufacturing or import/export businesses. The critical requirement is that the business should generate more than just enough income to support you and your family—it should have the potential for significant economic impact.

Duration and Extensions: The initial E-2 visa is typically granted for up to two years, but it can be extended indefinitely as long as the business continues to meet the visa requirements. This flexibility makes it an attractive option for long-term business planning in the U.S.

Path to Green Card: The E-2 visa is a nonimmigrant visa, meaning it does not directly lead to a green card. However, you can transition to a green card through other immigration pathways, such as employment-based visas (like the EB-2 or EB-3 categories) or the EB-5 investor visa, provided you meet the eligibility criteria.

Family Members: Spouses and unmarried children under 21 can accompany the primary E-2 visa holder to the U.S. Spouses can also apply for work authorization, which allows them to work in any job in the U.S.

Overall, the E-2 visa is a versatile option for entrepreneurs looking to expand their business footprint into the United States. It offers the chance to live and work in the U.S. while managing your business, with the potential to explore other immigration options for permanent residency in the future.

For more detailed information on the E-2 visa process and eligibility, you can visit our website www.gsrlawgroup.com.