The E2 visa is a special non – immigrant visa which is available to nationals of treaty countries. It is a visa reserved for investors from countries which have commerce and navigation treaties or bi-lateral investment treaties with the United States and who wish to invest substantial capital in any company in the United States for the purpose of developing and directing business operations of the enterprise.
The E2 visa is issued generally for four to five years. Although some consulates may issue Visas for 2 years, they may extend the visas for unlimited periods as long as the investment continues. People who apply for E2 visa must provide a documentation about the business and the plan, the amount of the business and the nature of the capital and must provide the calculation of the jobs to be created.
Eligibility for E2 visa
To qualify for the treaty visa, the applicant must satisfy the following conditions.
- must be a national of a treaty country
- investment must be substantial
- investment must be in a real operating enterprise
- investment must not be marginal
- must have the control of funds and bear the risks of investment, and
- the home country maintains a treaty of commerce and navigation, or bi-lateral treaties in the United States
Even though there is no specific amount mentioned by the law, it is required that the investment amount must be 50 percent ownership in an enterprise which generates active income. However, a minimum amount of $25,000 is necessary as a substantial investment.
The spouse and unmarried minor children may accompany the E2 visa holder to the United States on E2 visa. Though they may accompany the Visas holder, they are not allowed to work in the United States. Like the other Work Visa (H1- B), the E2 visa holder may apply for permanent residency.
The applicant must ensure he or she submits the required supporting documents for the application to be approved. The following is the list of documents that need to be submitted.
-DS-156, Non- immigrant Visa Application
-DS-156E, Non- immigrant Treaty Trader or Investor Application
-DS-157, Supplemental Non- immigrant Visa Application
-Copy of your passport
-Two identical color photographs
-Business Plan outlining future investment scheme
-Applicant's curriculum vitae
-Evidence of the employment in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm
-Evidence of possession and control of investment funds
-Evidence of remittance to the U.S
-Evidence of establishment of business in the U.S
-Evidence of the nationality of the investors/traders
-Evidence of investment in the U.S.
-Evidence of substantiality
-Evidence that the enterprise is not marginal
-Evidence that the business is a real, operating enterprise
The application process for this visa varies from one country to the other. The applicants must generally apply at the US Embassy or Consulate with jurisdiction over their place of permanent residence. Interview will be conducted for the applicants who are aged between 14 and 79. During the interview process fingerprints will be taken. The decision of the petition will be notified in writing.
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