List of E2 Treaty Countries by E2 Visa Length
The E2 visa is one of the few methods for a foreign entrepreneur to live and work in the US. The procedure for obtaining this visa is rather simple when compared to other visas like the H-1B, but qualifying can be difficult. Find out what it takes to qualify for the E2 Investor Visa.
Jump to: List of E2 Visa Countries by Visa Length
E2 Treaty Countries are countries that have a bilateral treaty of Commerce and Navigation with the United States. In that regard, the E2 Investor Visa allows you to invest in the United States. Additionally, you will control this investment while in the United States. What this means is that you can start or purchase an existing business and live in the United States while developing your investment.
There is no required minimum or maximum investment amount, but it is generally accepted that investments of less than $150,000 are more difficult to get authorized. Consult with your immigration attorney to see whether your planned investment meets the criteria and whether your company is genuine.
What Are the Differences Between an E2 Visa and a Green Card?
When considering your options for moving to the U.S., understanding the distinctions between an E2 visa and a Green Card is vital.
E2 Visa: Temporary Residency
- Duration: The E2 visa is non-immigrant and temporary. It’s designed for investors and entrepreneurs who plan to work in the U.S. Based on an investment in a U.S. Business.
- Renewal: E2 visa holders must renew their visa periodically and demonstrate that they still meet the requirements.
- Departure Requirement: If the E2 visa is not renewed, the holder must leave the U.S.
Green Card: Permanent Residency
- Duration: A Green Card signifies lawful permanent resident status. Holders can live in the U.S. Indefinitely.
- Work and Living Flexibility: Green Card holders can live and work in any place in the U.S. Without the constraints tied to specific investments or employment.
- Path to Citizenship: Green Card holders can eventually apply for U.S. Citizenship, provided they meet the necessary residency requirements.
Key Differences at a Glance
- Status:
- E2 Visa: Temporary, non-immigrant.
- Green Card: Permanent resident, immigrant.
- Renewal:
- E2 Visa: Must be renewed periodically.
- Green Card: This does not need renewal, though it requires periodic revalidation.
- Flexibility:
- E2 Visa: Restricted by the requirement to maintain investment.
- Green Card: Unrestricted work and living options within the U.S.
Understanding these differences can help you determine which option best aligns with your immigration goals and long-term plans in the United States.
Eligibility for E2 Classification
To qualify for the E2 classification, you should:
- Be a national of a country with which the United States has signed a treaty of commerce and navigation
- Have invested or in the process of investing a significant amount of money in a genuine business in the United States
- You need to show you’re solely looking to come to the United States to develop and run the investment business. This is demonstrated by showing at least 50 percent ownership or operational control through a managerial post or another corporate mechanism.
However, to qualify, all the criteria above are secondary to the requirement that you be a citizen or resident of a nation that has signed a trade and commerce treaty with the United States.
The E2 Visa Length Is Based On E2 Visa Countries Reciprocity
The length of your E-2 Visa depends on the treaty country. Each country has a specific E-2 validity period, based on the reciprocity schedule between your country and the US.
Reciprocity is how the US determines the validity periods, number of admissions, and visa fees for different countries based on their treatment of United States citizens. Thus, if your country imposes restrictive visa requirements on United States citizens, then the US will reciprocate with similar restrictive requirements on your country’s citizens. Additionally, the purpose of reciprocity is to have more progressive visa regimes. Similarly, it is also to encourage international travel that will benefit United States travelers and businesses.
The majority of the eligible E-2 status treaty visa countries have a 5-year validity. However, some treaty countries have a validity period of as less as 3 months.
In the case that your treaty visa is only valid for 3 months, you will have to enter the United States within that period. When you have entered the United States, you are entitled to 2 years under E-2 treaty investor status to direct and develop your business.
Additionally, you can renew your status with the USCIS indefinitely. Furthermore, if you leave the United States after the E-2 visa expiry date, you will need to renew the E-2 visa at a United States consulate.
The Immigration Officer Can Also Determine The Length Of Your E2 Visa
Even if the visa is valid for five years in your country, you may not be able to obtain it for 5 full years. This is because the consular officer can issue the visa for a shorter period. That is if they are uncertain of your ability to follow through on your business plan.
Specifically, in the instance that the consular officer doubts your plan to hire American workers, they can issue your visa for a shorter period. In that case, the visa length is often shortened to 2 years. Afterward, you will have to return to the consulate and provide proof that you have followed the business plan. In doing so, you can be issued a 5-year extension for your E-2 investor visa.
A Strong E2 Visa Business Plan Can Materially Impact the E-2 Visa Length
A solid E2 visa business plan will help you maximize the chances of getting more length allocated to your E-2 treaty visa. ImmigrationBusinessPlan.com will draft a long-term view of the business before the U.S. immigration officer.
A maximum initial stay of two years will be granted to qualified treaty investors and employees, extensions of stay may be granted in increments of up to two years. There is no limit to how many extensions may be issued for an E-2 nonimmigrant. However, all E2 nonimmigrants must have a plan to leave the United States when their nonimmigrant status expires or is terminated.
It is important to work on a long-term strategy for your visa renewal. ImmigrationBusinessPlan.com can assist you with drafting an E-2 visa business plan to strengthen your visa application and pave the way for your E-2 investor visa renewal.
List of E2 Treaty Countries with E2 Visa Length
E2 Treaty Country | E2 Visa Length |
Argentina | 5 Years |
Armenia | 5 Years |
Austria | 5 Years |
Belgium | 5 Years |
Bulgaria | 5 Years |
Canada | 5 Years |
Chile | 5 Years |
Colombia | 5 Years |
Costa Rica | 5 Years |
Croatia Czech | 5 Years |
Denmark | 5 Years |
Estonia | 5 Years |
France | 4 Years |
Germany | 5 Years |
Grenada | 5 Years |
Honduras | 5 Years |
Ireland | 5 Years |
Italy | 5 Years |
Jamaica | 5 Years |
Japan | 5 Years |
Latvia | 5 Years |
Luxembourg | 5 Years |
Macedonia | 5 Years |
Morocco | 5 Years |
Netherlands | 5 Years |
New Zealand | 5 Years |
Norway | 5 Years |
Pakistan | 5 Years |
Panama | 5 Years |
Paraguay | 5 Years |
Philippines | 5 Years |
Romania | 5 Years |
Slovenia | 5 Years |
South Korea | 5 Years |
Spain | 5 Years |
Suriname | 5 Years |
Taiwan | 5 Years |
Tunisia | 5 Years |
Turkey | 5 Years |
United Kingdom | 5 Years |
Australia | 4 Years |
Albania | 3 Years |
Mongolia | 3 Years |
Finland | 2 Years |
Singapore | 2 Years |
Slovak Republic | 2 Years |
Sweden | 2 Years |
Bosnia and Herzegovina | 1 Year |
Cameroon | 1 Year |
Kazakhstan | 1 Year |
Kosovo | 1 Year |
Liberia | 1 Year |
Lithuania | 1 Year |
Mexico | 1 Year |
Montenegro | 1 Year |
Poland | 1 Year |
Serbia | 1 Year |
Senegal | 1 Year |
Thailand | 6 Months |
Oman | 6 Months |
Ethiopia | 6 Months |
Azerbaijan | 3 Months |
Bahrain | 3 Months |
Bangladesh | 3 Months |
Congo (Brazzaville) | 3 Months |
Congo (Kinshasa) | 3 Months |
Egypt | 3 Months |
Iran | 3 Months |
Jordan | 3 Months |
Kyrgyzstan | 3 Months |
Moldova | 3 Months |
Ukraine | 3 Months |
E2 Visa Advantages for Family Members & Employees
With an E-2 you can bring over your spouses and unmarried dependent children (under 21 years of age) and employees to help you advance your business.
A few things to remember when bringing your family/workers to the US under an E-2 visa:
- Your family/workers’ nationality doesn’t need to be from a treaty country.
- Your family members would be given E-2 nonimmigrant status, and your dependents will most likely be permitted the same duration of stay as you.
- If the family members are already in the United States and wish to be considered for E-2 dependent status, they may submit one Form I-539 and a $150 fee.
- Although E-2 workers’ spouses must be given work authorization before they can work, there are no limits to where they may.
Transitioning from an E2 Visa to Permanent Residency: U.S. Immigration Options
What is an E-2 Visa?
An E-2 visa is a non-immigrant visa that allows foreign nationals to invest in a United States (U.S.) business and temporarily live in the country while overseeing their investment.
- Non-Dual Intent: The E-2 visa is not a dual-intent visa, meaning holders cannot simultaneously seek a permanent residency (a Green Card) while residing temporarily in the U.S.
Pathways for E-2 Visa Holders to Obtain a Green Card
While the E-2 visa does not offer a direct path to a Green Card, there are several options available for transitioning to permanent residency:
- Transition to an H-1B Visa: An E-2 visa holder can obtain a job offer from a U.S. employer in a specialty occupation (e.g., science, engineering, or computer-related fields).
- Transition to an EB-5 Visa: An E-2 visa holder can invest in a new commercial enterprise that creates at least 10 permanent jobs for U.S. workers.
- Minimum Investment Requirements: $1,800,000 for standard investments and $900,000 in targeted employment areas (TEA) or rural areas with high unemployment rates.
- Transition to an EB-2 or National Interest Waiver (NIW):
- EB-2 Visa: Needs a job offer for a position that necessitates an advanced degree or exceptional ability.
- NIW: The E-2 visa holder must demonstrate that their work has substantial merit, national importance, and benefits to the U.S.
- Transition to an EB-3 Visa:
- Skilled workers, professionals, and unskilled workers can transition into an EB-3 visa with a full-time job offer from a U.S. employer.
- The employer must obtain a Program Electronic Review Management (PERM) labor certification to prove no qualified U.S. workers available for the position.
- Transition to an L-1 Visa:
- An E-2 visa holder may transition to an L-1 visa if they have worked in a managerial or executive role with a qualifying organization for at least one year within the last three years and are being transferred to a U.S. office of the same company.
- Family-Based Green Card:
- E-2 visa holders can apply for a family-based Green Card if they are related to a permanent resident or a U.S. citizen who will file a petition on their behalf. This process requires an adjustment of status or consular processing.
Critical Factors to Consider
Transitioning from an E-2 visa to Green Card status needs careful planning due to the non-dual intent nature of the E-2 visa. Here are important points to consider:
- Eligibility: Determine your eligibility for alternative visa types.
- Employment-Based Paths: Ensure you have a job offer and a PERM certification.
- Compliance: Continue to meet E-2 visa conditions during the transition to avoid status violations.
- Adjustment of Status: File Form I-485 as part of your application if you are adjusting your status within the U.S.
- Consult an Immigration Attorney: It is essential to seek legal guidance to address complex immigration requirements effectively
E2 Visa Denial
Will Applying for a Green Card Affect My E2 Visa Status?
Applying for a Green Card while holding an E2 visa can be complex due to issues of dual intent. The E2 visa is strictly a non-immigrant visa, which primarily means that it’s intended for individuals who do not intend to stay in the United States permanently. Pursuing a Green Card, on the other hand, signals an intention to reside permanently, thus creating a potential conflict.
However, many E2 visa holders have successfully transitioned to a Green Card. This usually involves careful planning and strategic timing. Here are some steps and considerations that can help:
- Understand Dual Intent: While the E2 visa doesn’t explicitly allow for dual intent, meaning you intend to stay both temporarily and potentially permanently, it doesn’t completely eliminate the possibility of transitioning to a Green Card.
- Develop a Strategic Plan: Work closely with an immigration attorney to outline a clear plan. This often includes maintaining your E2 visa status while starting the Green Card process through an employment-based or family-based petition.
- Avoid Missteps: Filing for a Green Card directly after obtaining an E2 visa can raise red flags. Instead, look into alternative routes such as transitioning to an H-1B visa first, which does support dual intent.
- Stay Compliant: Ensure that while your Green Card application is in process, all E2 visa compliance rules are strictly followed, which includes maintaining the E2 business operations and adhering to travel and work restrictions.
By following these guidelines, you can mitigate the risk of jeopardizing your E2 visa status while aiming for permanent residency.
What Happens If Your E-2 Visa Expires During the Green Card Application Process?
E-2 visa holders can stay in the U.S. for a maximum of two years initially and can request extensions, which are typically granted in two-year increments. While there is no limit to the number of extensions, E-2 visa holders must express an intention to depart the U.S. when their visa expires.
To avoid complications, it is crucial to maintain your legal status if you are an E-2 visa holder considering permanent residency. Here are some steps to consider:
1. Renew Your E-2 Visa. Ensure your business remains operational and meets E-2 visa criteria to qualify for renewal.
2. Switch to Another Visa Type. You may apply for a different visa. Options include:
- H-1B: For specialized occupations with a job offer.
- L-1: For intra-company transfers.
- EB-2 and EB-3: Employment-based visas requiring a job offer and labor certification.
- F-1: For students enrolling in accredited programs.
- B-2: For short-term tourist stays, if eligible.
Critical Factors to Keep in Mind
- No Grace Period: There is no grace period for E-2 visa holders, so it is important to submit applications on time.
- Adhere to E-2 Visa Terms: Follow the terms of your E-2 visa during the renewal or extension process to avoid status issues.
- Consult an Immigration Lawyer: Work closely with an immigration attorney to manage the application process effectively.
Importance of Maintaining E2 Visa Status During Green Card Application Process
E-2 visa holders with pending permanent residency applications must keep their E-2 visa active. Below are key factors for this:
1. Legal status. E-2 visa holders must maintain their visa status since this is essential for legally remaining in the United States.
2. Avoiding unlawful presence. If E-2 visa holders go beyond their authorized period of stay, they might accrue unlawful presence. This can lead to re-entry problems if they leave the U.S.
3. Eligibility for adjustment of status. If E-2 visa holders let their E-2 visas expire, they may be ineligible for a green card as adjustment of status requires applicants to maintain lawful status in the U.S. throughout the application process.
4. Work authorization. If E-2 visa holders let their E-2 visas expire, they lose the legal right to work in the United States, impacting their livelihood and financial stability.
5. Uninterrupted residency. A valid and active E-2 visa means the holders can live and work in the United States without interruptions.