E2 Investor VISA is a legal document which allows an individual to enter and work inside of the United States of America based on an investment in which they will be controlling while working inside the US for up to two years. This visa is available to several types of individuals who meet the requirements and provide proper documentation. This visa may be renewed.
WHO QUALIFIES FOR THE E2 VISA?
This visa is available to substantial investors of a business. The amount of the investment is determined on a sliding scale by the United States Citizenship and Immigration Services (USCIS). For new businesses, the amount of the initial investment must be large enough to start and operate the business. The business must be considered bona fide, which means that the profits generated from the business must be able to support the business owner and their dependents while also also being an economic boost to the economy. The business cannot be a noneconomic business, like land ownership or stock ownership.
Executive, Supervisor, or Skilled Employees
The E2 VISA is also available to skilled or executive employees of the business, if these employees are of the same nationality as the primary investor/business owner.
E2 VISA holders’ spouses and children under the age of 21 may receive E2 VISAs in order to accompany the principal investor/visa holder.
WHICH COUNTRIES ARE ELIGIBLE FOR IMMIGRATION UNDER THE E2 INVESTOR VISA?
As of this writing, eligible treaty countries are Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Democratic Republic of Congo, Denmark (excluding Greenland), Ecuador, Egypt, Estonia, Ethiopia, Finland, France and its territories, Georgia, Germany, Grenada, Honduras, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway (excluding Svalbard), Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Serbia, Singapore, the Slovak Republic, Slovenia, South Korea, Spain (including all territories), Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom excluding all territory outside Europe)
WHAT DOCUMENTATION IS REQUIRED TO APPLY FOR THE E2 INVESTOR VISA?
To apply for the E2 Investor VISA, each visa applicant must contact their local United States Embassy or Consulate to check for their updated guidelines. As of this writing, many countries have specific visa issuance fees. At the United States Embassy, an individual from the consulate will interview prospective visa holders. The embassy will also require certain documents, such as:
- The Online Nonimmigrant Visa Electronic Application, Form DS-160.
- Nonimmigrant Treaty Trader/Treaty Investor Application DS-156E.
- A passport valid for travel to the United States that is not set to expire within at least six months beyond the applicant’s intended period of stay in the United States
- A 2-by-2-inch photograph.
- A viable business plan (including any tax returns, financial statements, business licenses, bank statements, leasing agreements, etc)
- A business registration for the United States business
- Proof of wire transfer for initial investment
- Proof of sources of income
CAN I PROLONG MY E2 INVESTOR VISA?
A visa holder may decide to prolong their stay in the United States. As long as the individual meets minimum standards, they may stay on a longer-term basis through unlimited 2-year extensions.
To apply for an E2 Investor VISA extension, the visa holder must submit a copy of their previous documentation along with:
- Petition for Nonimmigrant Worker Form I-129, along with its E-Supplement
- Application to Extend or Change Nonimmigrant Status Form I-539 for any accompanying relatives.
- Copy of personal and U.S. business income tax returns for the past two years
Beeraj Patel, Esq.
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