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E2 VISA PROGRAM

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The E-2 visa application must be submitted at a U.S. Embassy or Consulate, preferably in the applicant's home country, although applications may be accepted at an embassy in a third country if the applicant legally resides there. The application is submitted in writing with a complete documentation package that includes investment justification, a comprehensive business plan, supporting financial documents, and legal memoranda. While applicants may prepare their own applications, it is strongly recommended to retain qualified immigration counsel to ensure proper preparation and maximize approval prospects.

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After submitting your application to the embassy (typically in electronic PDF format), processing time generally ranges from 2 to 12 weeks before an interview is scheduled. The consular interview typically lasts 10 to 30 minutes and serves as the final stage of the evaluation process. If your documentation has been thoroughly prepared, the interview is generally straightforward. The consular officer will ask questions about your business plan, investment source, and qualifications to assess whether your project is viable and meets E-2 visa requirements. Upon approval, you will receive your E-2 visa, and your journey to the United States can begin.

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PROCESSING TIMELINE​

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  • Embassy interview scheduling: varies by country (weeks to months)

  • Visa processing after interview: typically, 1-2 weeks

  • Total timeline: 2-4 months from preparation to visa issuance

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BENEFITS OF THE E2 VISA​

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  • There is no strict minimum investment requirement, although applications for less than $100,000.00 have a low likelihood of success and an investment of at least $150,000.00 is preferred to increase the chances of approval.

  • The spouse of the E2 visa holder will be granted an “E2 dependent” visa, which allows them to obtain work authorization in the United States (I94S).

  • The E2 visa holder’s children will also be granted an E2 dependent visa and will be able to attend school until age 21. In some states, they may be eligible for the more favorable “in-state” rate at the university rather than the foreign rate.

  • The E2 visa holder has the flexibility to travel and re-enter the country as long as the visa is valid, with a new 2-year I94 residence permit issued each time they pass through customs.

  • The E2 visa provides access to health insurance under Obamacare and the tax credit, making it more affordable.

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VISA STATISTICS

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  • The U.S. State Department and USCIS processed an average of about 60,000 E-2 visa applications or petitions annually.

  • The visa approval rating is approximately 90%

  • 10% Refusals - (75% did not meet the eligibility requirements, 22%, inadequate documentation, 3% criminal-related ineligibilities, fraud, or immigration violations)

 

 

VISA VALIDITY PERIOD

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The initial duration of the E2 visa varies, and it is based on the principal applicant’s citizenship. For example, if you’re a citizen of;

  • Sri Lanka – 3 years

  • Australia – 5 years

  • UK – 5 years

  • Canada -5 years

  • New Zealand – 5 years

  • Italy – 5 years

  • Germany – 5 years

  • France – 4 years

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THE E2 VISA CONSULAR PROCESS: A STEP-BY-STEP GUIDE

 

Step 1: Determine if You Qualify for the E2 Visa

We begin by assessing whether you meet the core E-2 visa eligibility requirements:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation;

  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and.

  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

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 investor’s financial commitment to the successful operation of the enterprise

  • 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.

 

**Marginal Enterprise

The investment enterprise may not be marginal. A marginal enterprise is one that does not 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. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.

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Step 2: Submit DS-160 Application Form

Form DS-160 is submitted electronically through the Department of State's Consular Electronic Application Center. Consular officers use this information, combined with your interview, to assess your E-2 visa eligibility.

After submitting your DS-160:

  • Print and retain the DS-160 confirmation page with barcode (printing the full application is not necessary)

  • Pay the non-refundable visa application fee ($315 per applicant)

  • Schedule your visa interview appointment using the confirmation number

 

Step 3: Compile Your E-2 Visa Documentation Package

Compile all required forms, supporting documents, and evidence into a comprehensive, well-organized visa packet. This package will be submitted to the U.S. Embassy or Consulate for review and evaluation prior to your interview.

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Step 4: Schedule Your Consular Interview

Book your visa interview through the U.S. Embassy's online scheduling system using your DS-160 confirmation number and payment receipt. Select an available date and time that accommodates your schedule.

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Step 5: Attend the Consular Interview

Attend your appointment with all required documents, including your complete visa packet, passport, and DS-160 confirmation. The consular officer will review your application and conduct a 10-30 minute interview to assess your business venture and qualifications.

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Step 6: Visa Approval & Next Steps

Most decisions are made immediately. If approved, your passport is processed with the visa stamp and returned within 5-10 business days. You're then ready to launch your American business venture!

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FAQs​

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Does E2 visa allow you to work in the US?

The E2 investor visa is designed for foreign nationals who wish to invest and develop a U.S. business. The primary E2 visa holder is permitted to work only for their own business that they have created or purchased. They cannot be employed in a regular job by another company on the E2 visa.

However, the E2 visa does provide work authorization for the spouse of the primary E2 visa holder. As of November 2021, spouses of E2 visa holders are automatically granted work authorization without needing to apply for a separate Employment Authorization Document (EAD) as was previously required. This makes it much easier for E2 spouses to take employment with any employer in the United States.

It's important to note that the E2 is considered a non-immigrant visa category and is not an employment-based visa like the EB1, EB2, or EB3 categories. The E2 visa holder's main intent must be to develop and direct the operations of their U.S. business, not to take employment in the traditional sense.

In summary, the E2 investor visa does allow the primary visa holder to work, but only in the business they have invested in. Their spouse can work for any employer thanks to the automatic work authorization.

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Can I apply for an E2 visa if I am already in the United States on another visa?

Yes, you can apply for an E2 visa if you are already in the U.S. on another visa. This is known as an adjustment of status, which is granted for a maximum of two years. However, it does not allow you to leave the U.S., so you are restricted to U.S. territory. In this case, it is referred to as "E2 status" rather than an "E2 visa.”

 

Is it better to create a new business or to buy an existing one to apply for the investor visa?

Neither of them is "better." One can get a visa in either situation. One of the advantages of buying an existing business is that you can have a contingency clause included in the business purchase contract. In that case, the business purchasing funds is isolated in an escrow account and, should the visa be denied, you would get your money back (Seller might keep a small amount as opportunity cost – amount can be negotiated).

Franchises: The E2 visa and franchise combination offers a powerful opportunity for foreign investors to establish and manage successful businesses in the United States. The E2 visa is designed for foreign nationals investing in a US business, while the franchise model provides a proven business system, brand recognition, and ongoing support.

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Can E2 visa be denied?

Yes, an E2 visa application can be denied (Refusal rate is approximately 10%). Common reasons for denial of an E2 visa include insufficient investment, investment not at risk, non-bona fide enterprise, marginal enterprise, and non-treaty country nationality. After denial, options include reapplying with stronger documentation, requesting an advisory opinion, or consulting an immigration attorney to address issues and improve the chances of success in future applications.

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Can I bring my employees to the U.S. on an E2 visa?

Yes, it is possible to apply for a visa for employees under certain conditions. The employee must either be an executive of the company and will actually manage a team of people, or the employee has specific qualifications that are difficult to find in the U.S., making them indispensable.

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What happens if my business fails while I am on an E2 visa?

If the company that justified the E2 visa is not successful, the chances of renewal are low. If the company disappears or changes ownership, the E2 visa holder must leave the country. However, they may request an extension of their E2 status from the U.S. Citizenship and Immigration Services (USCIS) if they take over another business.

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Can I apply for a green card while on an E2 visa?

The E2 visa does not lead to a green card. It is a nonimmigrant visa, which means it allows you to live in the United States, run a business, and raise your children, but it does not allow you to permanently immigrate to the U.S. To obtain a green card or citizenship, you will need to switch to a different status.

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What happens to my children when they turn 21 while I am on an E2 visa?

The children of the applicant, upon reaching 21 years of age, must obtain their own visa or leave the country. They are not allowed to work in the United States while on their parents' E2 visa.

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Can I work for another company while I am on an E2 visa?

No, the holder of the visa can only work for the company that sponsored the visa. If the company disappears or changes ownership, the E2 visa holder must leave the country.

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