The E-2 visa is a nonimmigrant visa for eligible nationals of treaty countries who want to invest in and run a business in the United States. It is often considered by people who have identified a business opportunity in the US and are now working out whether they can turn that opportunity into a viable move.
That may mean starting a business, buying an existing one, or expanding into a market that offers more room to grow. It may also mean deciding how much to invest, what level of risk is realistic, and whether the opportunity is strong enough to justify relocating.
The decision is rarely only about the business. It may affect where your family lives, whether your spouse can work, where your children study, and how you manage commitments in more than one country. The E-2 Visa is an opportunity for you and your family.
The business, the visa application, and the move are closely connected. Decisions made in one area can shape what is possible in the others.
This guide explains how the E-2 visa works and what to consider as you assess the opportunity, prepare the application, and plan the next steps for your business and family.
“The E-2 visa is an opportunity for you and your family”
An E-2 visa allows an eligible investor to live in the United States temporarily to develop and direct the business in which they have invested, but it is not a route to permanent settlement. It is a nonimmigrant visa and it does not lead to a Green Card.
An E-2 visa holder may later qualify for permanent residence through a separate immigration category, such as family sponsorship, employment sponsorship, or another investment-based route. That process may involve consular processing abroad or adjustment of status in the United States, depending on the person’s circumstances and eligibility.
You are generally admitted for up to two years at a time. The E-2 visa in your passport may remain valid for a different period, depending on your nationality and the applicable reciprocity schedule.
The visa’s validity and the length of time you may stay in the United States are different.
The validity of an E-2 visa depends on your nationality and the applicable reciprocity schedule. Some E-2 visas are valid for several years, while others are issued for a shorter period or a limited number of entries.Each time you are admitted to the United States as an E-2 investor, you are generally permitted to stay for up to two years. Your Form I-94, not the expiration date printed on the visa, determines how long you may remain after entry.
Your authorized stay may be extended in increments of up to two years. There is no fixed limit on the number of extensions, provided you continue to meet the E-2 requirements.
Yes. There is no general prohibition on studying while you are in E-2 status.
For a principal E-2 investor, studying must not interfere with your ability to develop and direct the qualifying business. You may take individual courses or enroll in a degree program as long as you continue to meet the conditions of your E-2 classification.
Your ability to return after travelling abroad depends on whether you have a valid E-2 visa in your passport or received E-2 classification through a change of status inside the United States.
If you have a valid E-2 visa that permits another entry, you may generally travel outside the United States and use that visa to request readmission. There is no standard rule requiring you to remain outside the country for a minimum period before returning.
If USCIS changed your classification to E-2 while you were already in the United States, that approval does not place an E-2 visa in your passport. After travelling abroad, you will generally need an E-2 visa before requesting admission in E-2 classification.
Does my country qualify for an E-2 Visa?
Albania
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahrain
Bangladesh
Belgium
Bolivia
Bosnia-Herzegovina
Bulgaria
Cameroon
Canada
Chile
Columbia
Congo (Brazzaville)
Congo (Kinshasa)
Costa Rica
Croatia
Czech Republic
Denmark
Ecuador
Egypt
Estonia
Ethiopia
Finland
France
Georgia
Germany
Grenada
Honduras
Iran
Ireland
Italy
Israel
Jamaica
Japan
Jordan
Kazakhstan
Kosovo
Kyrgyzstan
Latvia
Liberia
Lithuania
Macedonia
Mexico
Moldova
Mongolia
Montenegro
Morocco
Netherlands
New Zealand
Norway
Oman
Pakistan
Panama
Paraguay
Philippines
Poland
Romania
Serbia
Senegal
Singapore
Slovak Republic
Slovenia
South Korea
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Taiwan
Thailand
Togo
Trinidad and Tobago
Tunisia
Turkey
Ukraine
United Kingdom
There are plenty of advantages to securing an E-2 Visa. However, with that comes a few disadvantages.
Advantages
One of the greatest advantages of the E-2 Visa is its processing time. Some visas in the United States take a number of years to process. However, with the E-2 Visa, it would only take a few months. With this, you can migrate to the United States more quickly. You can compare this to the more popular EB-5 Immigrant Visa for Investors. It can take a few years to approve the EB-5. So if you are looking for a quicker way to get to the United States, the E-2 Visa is your answer
Another great aspect of the E-2 Visa is that it gives you greater control of your investment. With other visa programs such as the EB-5 Immigrant Visa, they require you to have your funding released as an investment by a third party. This means you might not be able to see your money again! Another thing with the EB-5 Immigrant Visa is that the minimum investment you are required takes around a million dollars. You can compare this with the E-2 Visa which allows your investment to be considerably smaller. How small you make your investment to be would depend on the nature of your business.
There is also no need to worry about your family if you migrate to the United States with an E-2 Visa. This is because your family is covered by the E-2 Visa as well. Your spouse and children below the age of 21 can accompany you and relocate with you to the United States. Additionally, your spouse can apply for a work authorization to get a job and your children can attend school in the United States. Should your children wish to go to a state college, they will be eligible for in-state tuition rates.
Lastly and perhaps the biggest advantage to the E-2 Visa is that it gives you freedom and flexibility for travel. As a businessman, you will often find yourself in situations where you will need to travel outside the country. With an E-2 Visa, you do not need to worry about being restricted to travel. You can safely go in and out of the country for business or vacation as there is no need to secure another visa.
Disadvantages
The E-2 Visa requires you to work in the United States and have proof that you are actually doing so. This means that you cannot make a passive donation. You will really need to work for it. So if you are looking for passive investments, this visa might not be for you.
The E-2 Visa is a Non-Immigrant type of visa. This means that you are relocating to the United States not as a citizen. So if you are looking to migrate to the United States and apply for citizenship there are extra steps you will need to take.
An advantage to the E-2 Visa is it’s lower rates for the legal fees. However, this comes with a disadvantage because you will need to renew your visa every few years depending on which country you come from.
The Immigration Officials should give you reasons in the event that they reject your application for an E-2 Visa. How well you conduct yourself during the interview and if you have withheld information are just some of the possible reasons for being denied your E-2 Visa.
Since you will be engaging in investments in the United States with an E-2 Visa, there is a lot of risk involved. There is a high risk with the investment and money you shell out in the instance that they do not approve your visa. To remedy this, there are measures you can take. For example if you are engaging in a lease, you can add a clause that does not oblige you under the terms of the agreement in the event that they reject your E-2 Visa.
How do I go from an E-2 Visa to Green Card?
An E-2 visa does not lead directly to a Green Card. To become a permanent resident, an E-2 visa holder must qualify through a separate immigration route, such as family sponsorship, employment sponsorship, or another investment-based category.
An E-2 application may affect the whole family, not only the principal investor. A spouse and unmarried children under 21 may be able to accompany the investor to the United States and build their plans around the move together.
Your spouse and unmarried children under 21 may apply for derivative E-2 visas or E-2 status and accompany you to the United States. “Derivative” means that their eligibility is based on your E-2 classification rather than on a separate qualifying investment of their own. They do not need to have the same nationality as you.
Your spouse: A qualifying E-2 dependent spouse may live in the United States with you and is generally authorized to work based on valid E-2 spousal status. The spouse may apply for an Employment Authorization Document, but an EAD is not always required to establish work authorization.
Your children: Unmarried children may remain in derivative E-2 status until they turn 21. They may generally attend public or private schools, colleges, and universities in the United States. Children are not authorized to work solely because they hold derivative E-2 status.
A child can remain in derivative E-2 status only while unmarried and under the age of 21. Once your child turns 21, they will no longer qualify as your E-2 dependent.Before that date, they may need to apply for another immigration status or prepare to leave the United States when their authorized stay ends. Possible options may include:
F-1 student status
A child who is studying in the United States may be eligible to apply for F-1 student status to continue their education.
Employment-based status
After completing their studies, they may qualify for Optional Practical Training or another employment-based immigration status, depending on their education, employment, and eligibility.
Their own E-2 status
If your child independently meets the E-2 requirements, they may be able to apply for their own E-2 visa by investing in and developing a qualifying U.S. business.
The appropriate option depends on the child’s circumstances, so planning should begin well before their 21st birthday.
Your spouse may work in the United States while holding valid E-2 dependent spousal status. In most cases, a separate Employment Authorization Document is not required, although your spouse may choose to apply for one as additional proof of work authorization.
Your unmarried children may remain in derivative E-2 status until they turn 21, but that status does not allow them to work. After turning 21, they must qualify for another immigration status or leave the United States when their authorized stay ends. Any right to work will depend on the rules of their new status.
Can my children attend school in the United States?
Before your children reach 21 years old, as E-2 Visa dependents, they can attend public or private schools and university. After that, if they choose to attend a state college, they are also eligible for in-state tuition rates.
How will I know what school to choose for my children?
How do I apply for the E-2 Visa?
The E-2 visa application process generally involves the following steps
A consular officer is responsible for reviewing your eligibility and deciding whether to issue or refuse the E-2 visa. Because application procedures differ between consular posts, you should review the current E-2 instructions published by the embassy or consulate where you will apply.
How do you qualify for the E-2 Visa?
Your Application and Investment Requirements
Now that you know what the E-2 Visa is, what it means to you, your family, and your business, and if your country of origin is eligible for it, we can look into the vital requirements and documentation for you E-2 Visa application. To qualify for the E-2 Investment Visa there are six vital requirements.
The first requirement is that you will need to be a national of a treaty country. You will know if your Country Qualifies for an E-2 Visa with this guide. You can also find the list of countries that are eligible for the E-2 Visa in this section.
The second requirement is that you must have invested in the past or be in the process of investing. This is categorized into three requirements: showing legitimate possession and control of the funds, having all funds invested in “at-risk” status that are irrevocably committed, and lastly you must be close to starting your business.
The third requirement is that you must have the appropriate skill set to run and manage the business. Certainly, you will need the appropriate skill set in order to run and maintain your business successfully. This is also important in order for the United States government to have faith in investing in you. As a result, your educational background and work experience should suggest a lot about whether or not you have the right skill set to operate your business.
The fourth requirement is that the investment you make must be substantial. There is no clear definition of what substantial can mean for the United States government. However, all this means is that the investment you will make must be substantial in relation to the business you want to operate. For example, a service oriented business would need less capital than a manufacturing business. After all, the nature of the business would determine what qualifies as a substantial investment, it can range from $15,000 to more than a million dollars.
The fifth requirement is that the business put up must not be marginal. Marginal means it can only support you and your family. That is to say, the business must be profitable, and you should be able to hire more employees as the business progresses. This requirement is in place in order for the United States government to see the benefit of your business in boosting the economy. Having a business plan that addresses how exactly your business can help the economy, along with your initial projections, the number of employees you have hired and plan to hire can satisfy this requirement. Additionally, including your plan for growing the business in the future will help greatly for this fifth requirement.
The sixth requirement is that you must sign a document that states your intent to return to your home country once your visa expires. As a temporary business visa, the E-2 Visa is not a means to attain permanent settlement in the United States, though it is often extended as long as needed for your business and investments.
The required documents for the application of your E-2 Visa are as follows:
The first requirement is your completed Online Non-Immigrant Visa Electronic Application known as the Form DS-160
They will also look for the Non-Immigrant Treaty Trader/Treaty Investor Application known as the DS-156E completed and signed. This is for executives, managers and/ or essential employees.
You will also need your passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the United States. If you have family and dependents included in the passport, each person must complete their Form DS-160 application.
Do not forget your one 2-by-2-inch professional photograph.
As part of the visa application process, most applicants are required to have an interview at the embassy's consular section.
Most importantly, your comprehensive business plan showing that the business you will either buy or start can and will generate enough money to support you during your stay in the US along with all your dependents. This also means that the business cannot be marginal.
Another important document is your business registration for the United States business.
You will also need to bring your proof of wire transfer.
Your proof of source of income.
Lastly, your proof of intent to return to your country because the E-2 Visa does not allow dual intent.
There are two ways to go about acquiring an E-2 Visa. For instance, you can apply for an E-2 Visa while in the United States. This is also known as Change of Status. The other way is to apply at a consulate. Below is a comprehensive guide on what you should know regarding the processes.
If you are currently residing in the United States and would like to change your visa status to E-2 Visa, you can do so by filing a petition to change the status at the United States Citizen and Immigration Services. To do this process efficiently, you will need to prepare the necessary documents supporting those stated in the requirements. However, after being approved for changing one’s visa status, you can not permitted to leave and re-enter the country the way an E-2 Visa would allow you.
Another option for getting an E-2 Visa is through applying for it at a consulate. You can do this if you are outside the United States. You will need to submit the completed DS-160 form and supporting documents to the consulate. After submitting the necessary documentation, the consulate may ask for additional information. These documents are generally similar to what you might have previously provided if you were residing in the United States in the past. In short, after submission of the necessary documentation, the consulate will review the submission and contact you in for the interview.
If you are outside the United States applying for the E-2 Visa, you will have to do a consular application.
On the other hand, you will do a Change of Status if you are already in the United States under a different type of visa. You can apply for a change of status as long as you submit the Form I-129 (Petition for Nonimmigrant Worker) or the Form I-539 (Application to Extend / Change Nonimmigrant Status).
Often times, we recommend consular application over change of status because of several advantages. With a consular application, you are eligible for travel outside the United States. These means there are no restrictions with your travel and you will not need another type of visa to get in and out of the United States. You can compare this to a change of status which only grants you a period of two years and is not valid for travel outside the United States.
Of course, in some conditions, a change of status is more preferable than a consular application and this would all depend on your own unique circumstances.
Apply for an E-2 visa abroad
If you are outside the United States, you generally apply through a U.S. embassy or consulate. You complete Form DS-160, submit the required supporting evidence, and follow the procedures of the consular post handling your application. If the visa is issued, you may use it to request admission to the United States in E-2 classification.
Request a change to E-2 status in the United States
If you are already in the United States in lawful nonimmigrant status, you may be eligible to file Form I-129 with USCIS to request a change to E-2 classification. Approval allows you to remain in the United States in E-2 status, but it does not place an E-2 visa in your passport.
If you later leave the United States after receiving a change of status, you will generally need to obtain an E-2 visa through a U.S. embassy or consulate before returning in E-2 classification.
The appropriate route depends on your location, current immigration status, and travel plans.
There is no standard processing time for an E-2 visa. The timeline depends on appointment availability, the procedures and workload of the U.S. embassy or consulate handling the application, and the circumstances of the case. You should check the current wait-time information and application instructions for the embassy or consulate where you will apply.
Depending on your Consulate, required documentation may vary. However, generally you will need a detailed cover letter containing how you meet all the legal requirements and documentation, funding for your investment, and your business plan. This is further discussed in Application and Investment Requirements.
After you have submitted your complete application for filing, they will call you in for an interview at the United States Consulate. On average, this would take six to twelve weeks upon receipt of your completed application packet. Additionally, the Consulate may also ask you to submit further evidence and documentation or bring it with you to the interview.
The interview is generally a focused conversation with a consular officer, who will assess whether you meet the E-2 visa requirements. The officer may ask you to explain information in your application, including your investment, the business, your ownership or control, and the role you intend to perform.
Before the interview, review your Form DS-160 and supporting documents so that you can answer accurately and consistently. Be prepared to explain the business in your own words, but keep your answers responsive to the questions asked.
Digital fingerprints are usually collected as part of the interview process, although procedures vary by location. The officer may also request additional information or documents before making a final decision.
Listen Carefully and Be Hones
First, it is essential to listen carefully to the questions asked so you can provide a brief and honest answer. Do not ramble and spend too much time on one question, be clear and concise with your answers. If you forget anything, do not be afraid to say you do not remember.
Your DS-160 is Important
You should also know your DS-160 Application well. This is the Nonimmigrant Visa Application form submitted online. The Consular Officers use the information in your DS-160 during the interview. They will ask you based on the information in your DS-160, and if you provide a different answer than what you wrote in the form, it is bound to raise suspicions which could lead to the denial of your visa.
Know Your Documents
You should also have a binder containing supporting documentation. Do not forget to bring this with you to the interview. Before the interview, study and review this binder well. Additionally, you should have a great understanding of the documents in the binder. So that, if the Consulate Officer asks you about certain information, you can point to the relevant binder section quickly.
Intent to Depart
Another requirement for the approval of your E-2 Visa is to submit a letter as evidence of your intent to return to your home country after your E-2 Visa expires. For extra certainty, you should also make sure to bring additional documentation to support the letter.
Just Relax!
After all of these tips, the most important thing however is to just relax. If you have prepared well for the interview by following the previously mentioned tips, you should do fine in the interview. At the end of it all, remember: just relax!
There is no general rule requiring an E-2 applicant to be fluent in English. The languages available for visa interviews and the rules for using an interpreter vary by U.S. embassy or consulate.
Check the instructions of the consular post where you will apply before attending the interview.
The State Department’s application fee for an E-2 visa is currently $315 per applicant. Each spouse or child applying for a derivative E-2 visa must submit a separate application and pay the same fee.
An additional visa issuance fee may apply after approval, depending on nationality and the applicable reciprocity schedule.
If you apply through USCIS to change or extend E-2 status from within the United States, separate USCIS filing fees apply.
You do not need to be in the United States to start the E-2 process.
If you are outside the United States, you may prepare the investment and apply for an E-2 visa through a U.S. embassy or consulate.
If you are already in the United States in valid nonimmigrant status, you may instead be eligible to request a change to E-2 status through USCIS. You do not need to enter the United States simply to begin preparing the business, investment evidence, or visa application.
You do not need to travel to the United States before applying for an E-2 visa.
You may prepare and submit the application from outside the United States. However, a preliminary visit may be useful for researching the market, inspecting a business or premises, meeting business associates, negotiating agreements, and evaluating investment opportunities.
You may be able to make this visit using a B-1 or B-1/B-2 visitor visa or, if eligible, through the Visa Waiver Program with an approved Electronic System for Travel Authorization (ESTA).
Electronic System for Travel Authorization (ESTA) or what is also known as the Visa Waiver Program is a simplified process to allow you an application for admission to the United States.
The Visa Waiver Program allows eligible nationals of participating countries to travel to the United States for business or tourism for up to 90 days without first obtaining a visa. ESTA is the electronic authorization required before travelling under the program. ESTA approval permits you to travel to a U.S. port of entry and request admission, but it does not guarantee entry.
Current Visa Waiver Program countries are:
Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.
A visitor preparing for an E-2 investment may generally engage in temporary business activities such as:
You may not use visitor status or the Visa Waiver Program to begin operating the business, perform productive work, or accept employment in the United States.
Travelers admitted through the Visa Waiver Program are admitted as business visitors for no more than 90 days and generally cannot extend their stay or change to E-2 status from within the United States. A B-1 or B-1/B-2 visa does not provide an automatic 180-day stay. U.S. Customs and Border Protection determines the authorized period of admission, which is recorded on Form I-94.
Your intended activities should be temporary, accurately described, and consistent with the rules for business visitors.
There are advantages and disadvantages to applying for an ESTA. For instance, a great thing about ESTA is that the application process is quick. To apply, you can use a web interface for interview and they can grant your ESTA online. You can immediately enter the United States as there is no need to wait for a visa appointment. Once approved, it is valid for two years.
The downside of an ESTA is that once in the United States, you can only stay for a maximum of 90 days. You should note that you cannot change or adjust status.
Yes! If you enter the United States on ESTA or the Visa Waiver Program, they will admit you on either a B-1 or B-2 status. Additionally, if you indicate that you will be entering the country to work on your E-2 business, you will be admitted based on a B-1 status. This means that you have authorization to engage in business activities like preparing to set up your E-2 business. ESTA only limits your ability to change your status and only gives you a period of 90 days to stay in the United States.
You can obtain temporary business visas such as B-1 or B-2 visas at a United States Consulate. It allows foreign nationals to visit the United States for temporary business activities, tourism, or vacation. B-1 visas are specifically for business visitors, while B-2 visas are more general as tourist visas. Additionally, via the visa waiver program, you receive a limited type of B-1 or B-2 visa restricted in length of stay [up to 90 days] of which you are unable to change its status in your stay in the United States.
There is no universal definition of “authorized work activity,” but past immigration cases provide a good picture of what business activities are acceptable while on a B visa. As such, it is important for you to take a comprehensive review of all factors involved in your visit to the United States so as to prevent any anomalies.
With B-1 visas in particular, there are a number of questions you must first ask:
Is the principal business located abroad?
Are the profits received abroad?
What exactly is the purpose of the visit?
Do you intend to return to your home country?
How often, and over what period of time have you been in the United States?
Is the work you are performing in the United States secondary to your work being performed in another country?
The purpose of these questions at the end of the day is to assess whether a temporary visa such as the B-1 visa is fit for your needs. This is because United States border officials pay especially close attention to whether visitors using such visas are not exploiting it for purposes such as permanent settlement, among many others which violate its stated purpose as a temporary business visa. As such, ensuring that your trip is strictly calendared and specific to business purposes is important in order to not raise unnecessary suspicion over your visit.
Aside from considering these questions, other factors to consider are the actual activities you will engage in while in the United States while under ESTA. There are a multitude of activities permitted under a B-1 status or visa. We have included some, but not limited to, in this comprehensive guide. You can find examples of these activities below.
Carry out independent research for your business.
Explore investment and business opportunities.
Interview job candidates and meet with staff.
Explore lease options and enter into agreements.
Attend business meetings, conferences, and other events.
Present your business or products at a trade show or expo.
At the end of all of this, what is important to remember is that you should optimize the 90 day period you are given to stay in the United States to further your business. Setting up a business is a hard and complicated job, therefore you should make the most of the 90 days you are given with your ESTA.
If your E-2 visa is approved, the embassy or consulate will arrange for your passport to be returned after the visa is printed. Delivery methods and timing vary by location, and additional administrative processing may cause delays.
When you receive your passport, check that the information printed on the visa is correct. You may then use the visa to travel to a U.S. port of entry and request admission in E-2 classification. Your spouse and children may travel with you or enter later using their own valid derivative visas.
U.S. Customs and Border Protection will decide whether to admit you and for how long. After entry, retrieve your electronic Form I-94 and verify your class of admission and “admit until” date. The I-94 determines your authorized period of stay.
An E-2 investor may apply for a Social Security number. A qualifying E-2 dependent spouse may also apply based on employment authorization incident to status. A dependent child should obtain an ITIN only when the child needs a federal taxpayer identification number and is not eligible for an SSN.
After admission, you must continue developing and directing the qualifying business and maintain compliance with the E-2 requirements.
Upon arrival in the United States airport, Immigration Officers will review your passport. In most cases, they will ask you questions concerning your E2 business.
To avoid encountering problems upon your arrival, make sure that you have complete documentation. Do not forget to show the Immigration Officers see your E-2 visa page in your passport.
After checking your documentation, the Immigration Officers should admit your for the validity period of your passport. In most cases, the validity period is two years and you will not be admitted beyond the validity of your passport.
The I-94 document should be evidence of your length of admission. The I-94 can be obtained from the Customs and Border Protection website at: www.cbp.gov, this is helpful evidence of your authorization to stay in the United States.
It is also advisable to apply for and secure a United States Social Security Number (SSN). This is not necessary to start off your E-2 business as you will be provided with a valid tax ID for your business. However, it is helpful to have a personal Social Security Number.
Your spouse is eligible for an SSN but not your children. In this regard, your children can apply for an Individual Tax Identification Number (ITIN). This is necessary for the filing of tax returns and claiming them as your dependents with the United States Internal Revenue Service (IRS).
A driver’s license is a very important necessity. You should allocate time to arrange and process your driver’s license so that getting around is easier.
There are several criteria to be considered when renewing your E2 Visa. What’s most important is that they see you and your business to be benefiting the United States economy.
This can be broken down into the size of your company and how many employees you have, the salary your employees earn. Whether you are hiring full-time or part-time employees and whether you hire independent contractors are also looked into. Of course the profit you make is also a very important aspect.
There are several factors that the adjudicating officer looks at upon approving of the renewal of your E-2 Visa. These factors include, but are not limited to, whether your company is profitable, if it creates employment for United States workers, and if it is benefiting the United States economy.
When you are granted an E-2 Visa, it is generally valid for five years. After that period, it can be renewed with two-year extensions as long as you meet the criteria. To file for the extension of your E-2 Visa you will need to submit the following:
First of all, you will need your Form I-129, Petition for Non-immigrant Worker
Another document you will need is the Form I-539, Application to Extend or Change Non-immigrant Status
Third is your copy of Form I-94 Arrival/Departure document
You will also need a copy of original Form I-797, Notice of Action (if status was previously extended or approved)
Do not forget your copy of passport and E-2 Visa
You will be needing an employer letter demonstrating why extension is required
Another requirement are your copies of personal and business tax returns (prior 2 years) plus payroll tax returns
You can contact an immigration law firm so that they can help you create a clear and successful strategy for the renewal of your E-2 Visa
You can be issued the I-94 by the Department of Homeland Security (DHS) if you are an alien who is admitted to the United States. If you are adjusting status while in the country or extending your stay, you can be issued the I-94 as well.
It’s best to file for the extension of your E-2 Visa before the I-94 expires. If you do this, you are given 240 more days pending the decision for your extension. However if you file after the expiration of the I-94, you are only given 40 days to stay pending the decision.
An E-2 visa lawyer can help assess eligibility, identify potential issues, organize the supporting evidence, and prepare the application in a way that addresses the legal requirements.
Because E-2 applications often involve business, financial, ownership, and source-of-funds documentation, legal assistance may also help ensure that the forms and supporting records are accurate and consistent.
Perhaps the most important aspect you will need to look into when applying for an E-2 Visa is your business plan. Along with the other eligibility requirements, you are also required to submit a business plan. You need to get your business plan right since the Immigration Officers will be closely looking into it to find out if you are suited to have your E-2 Visa approved.
Your business plan should show, in detail, how your E-2 business will be successful. It should be able to outline how exactly the business intends to be operational and meet expected growth.
There is no single shoe-in format for creating your E-2 Visa Business Plan. However, here are some important reminders and pointers to consider when making your E-2 Visa Business Plan:
Your E-2 Visa Business Plan should show how exactly your business intends to grow within the period of your E-2 Visa. How your business will achieve success and profit. The profit should be enough to support you, your dependents, and employees. How it will create new jobs within your E-2 Visa’s duration should be included in your plan.
You should also include in your business plan how exactly you have control of your investment funds. This means that you will need to provide documentary evidence of your source of funds with a clear paper trail.
You should include in your business plan how your business can be operational from day 1 of being in the United States. Another important aspect to consider in your business plan is the management specifics.
The Immigration Officers will look into how your business will actually function in the United States. This means going into the details of the corporate structures. You are also required to produce evidence stating that you own at least 50% of the business.
You should also be able to show exactly how your business will be able to create jobs. This means that you will need to provide the roles and jobs your business will create and when they will be created.
How you will approach the marketing aspect of your E-2 business is also something the Immigration Officers will look into. Having detailed documentation of your plans for your budget and personnel requirements are essential.
Another thing to consider is to solidify the activities you will be pursuing in line with your business. These are, but not limited to tapping contacts, lining up meetings, and signing contracts and letters of intent. The more solid these are, the better for your case.
The final thing to consider in your business plan is your skills and experience. We mentioned how it is not a requirement to have owned a business prior to your E-2 Visa application.
It is however, advantageous to have your business related to your own set of skills and experience. An example would be if you have been working in the service industry for a good number of years, your business should be in the service industry as well. This shows that you have the necessary skill set to operate your E-2 business.
In a lot of cases, those applying for the E-2 Visa are first-time business owners. Of course having relevant experience in the E-2 business would do well for the approval of your E-2 Visa application.
Depending on the business you are starting, say for example a publishing company, it would do well to have prior experience in the publishing industry. One such example of the experience they are looking for is actually having worked with or in the industry. It would also greatly help to have relevant business and managerial experience.
All of this information should be highlighted in the application. This will show that you can really build and expand the business you will operate.
At the end of the day having experience with E-2 business is a plus but it is not always required.
For you to register an E-2 Company you will need the same requirements as when you were applying for your E-2 Visa. This is, but not limited to, the investment itself, your source of funding, and your business plan.
No. A person does not need an E-2 visa merely to own or invest in the business from outside the United States. E-2 classification is relevant when an investor seeks to enter or remain in the United States to develop and direct the qualifying enterprise.
Other owners may remain passive and do not need to apply for E-2 visas, provided the company continues to meet the applicable treaty-country ownership requirement.
More than one investor may qualify for E-2 classification through the same company, but each applicant must independently show that they will develop and direct the enterprise through sufficient ownership or operational control. The company may also employ qualifying E-2 executives, supervisors, or essential employees, who are assessed under separate employee requirements.
No. A person does not need an E-2 visa merely to own or invest in the business from outside the United States. E-2 classification is relevant when an investor seeks to enter or remain in the United States to develop and direct the qualifying enterprise.
Other owners may remain passive and do not need to apply for E-2 visas, provided the company continues to meet the applicable treaty-country ownership requirement.
More than one investor may qualify for E-2 classification through the same company, but each applicant must independently show that they will develop and direct the enterprise through sufficient ownership or operational control. The company may also employ qualifying E-2 executives, supervisors, or essential employees, who are assessed under separate employee requirements.
When applying for an E-2 Visa, the Consulate and Immigration Officers will look for a comprehensive and detailed five-year business plan. This business plan would show and highlight why and how the business you are planning to start or buy would be successful. It is important that you create a business plan that shows that your business would benefit the United States economy. This is a vital element that the immigration officials look for and consider when reviewing and approving your petition for the E-2 Visa.
So, a comprehensive business plan is necessary to make sure that you will have your E-2 Visa approved.
Neither option is automatically better for E-2 purposes. An existing business may provide operating history, revenue, employees, and established records. A new business may offer more flexibility, but usually relies more heavily on projections and evidence that it is ready to operate.
The stronger option is the one that allows you to make a substantial, committed investment and clearly show that the enterprise is real, active, more than marginal, and that you will develop and direct it.
The most important thing to remember is to research. Understand whether, with your circumstance, buying one or starting from scratch is more beneficial and achievable.
A home-based business may qualify for an E-2 visa if the location is lawful, suitable, and appropriate for the type of business.
The application should show that the enterprise can realistically operate from that location, taking into account any relevant zoning, licensing, inventory, staffing, or customer-access requirements. A commercial lease is not required, although it may be useful evidence that the business has suitable premises.
There is no fixed minimum investment amount. The investment must be substantial in relation to the total cost of purchasing or establishing the particular business.
The proportionality test generally works on an inverted scale. A lower-cost business usually requires the investor to commit a higher percentage of the total cost, while a lower percentage may be sufficient for a much more expensive enterprise because the dollar amount invested is substantially greater.
The investment may include money spent on purchasing the business, equipment, inventory, premises, professional services, and other legitimate start-up or operating costs. Funds that remain uncommitted or freely available generally do not count merely because they are held in a bank account.
Borrowed funds may qualify if the investor is personally responsible for repayment and the loan is not secured by the assets of the E-2 business.
The funds may come from lawful sources such as earnings, savings, the sale of property, gifts, inheritance, or qualifying loans. The applicant should be able to document both the lawful source of the money and the path it took into the business.
Some people say that you need a minimum of $100,000 as a requirement for the visa but this is not verified. In some cases, approval for the E-2 Visa has been obtained with just as little as $15,000 and a working capital of $35,000. This would all depend on the nature of the business you want to buy or start. Some businesses are more capital-intensive than others. Such an example is a manufacturing plant compared to a service-oriented business.
The nature of the business determines what qualifies as a substantial investment, it can range from $15,000 to more than a million dollars.
Yes! The E-2 Visa allows for loans in investments and working capital as long as the business is not in a high level of debt. This is because highly leveraged companies carry with them a higher risk of the likelihood of bankruptcy.
You might be asking yourself, “Do E-2 investment funds have to come from my home country or can my E-2 investment come from money I made outside the US?”
The E-2 Visa requires you to make a considerable investment. This would depend on the type of business you are setting up, you can have the investment funds coming from your country of origin or anywhere at all given that the source is legitimate.
In some cases, you may already be working in the United States on a different visa, say an H1-B visa, and acquired the necessary funds for the investment. That could be used for the E-2 investment. In other cases, you may have received your funding through a loan from another country, in this situation you can use that loan for your E-2 investment.
You will need to hire employees for your business to operate. If you do not do so, then that investment you make can be considered as marginal. This means that the business was set up only to support you and your family. To be continually approved for the E-2 Visa, you can’t have a marginal business. One of the main requirements for the E-2 Visa is that your business should help the United States Economy.
However, you do not have to hire workers immediately, for this your business plan should include in detail when you plan to hire employees.
There are no required number of United States workers you need to hire. Additionally, you can bring employees with you to the United States to work with. The E-2 Visa process can cover for the employees you want to bring with you to the United States. However, you should have the same nationality with the employees who you want to bring with you under the E-2 Visa. They should also be serving in a managerial or executive position in your company. Otherwise they could show special skills that make them essential and unique to the operation of your business.
What all of this means is that you should prove that there is legitimate reason for you to bring the employees with you, and that they have favorable skills not readily available to American workers.
To qualify as an employee of an E-2 Investor they must meet the following criteria:
They should be the same nationality as your employer, the E-2 Investor. Furthermore, this means that they should come from a treaty country. We have a list of treaty countries eligible for the E-2 Visa here.
Given that the prospective E-2 Employee is from a treaty country and with the same nationality as the E-2 Investor, the employee has two options to work for in the E-2 Business:
Employees from your country of origin can be employed in executive or supervisory roles. This means that their employment entails performing tasks that are supervisory and managerial in nature
Aside from employing them under executive or supervisory roles, you can hire your desired people from your country of origin if they meet special qualifications. This means that they have special talents or skill set essential to your business, not found otherwise in hiring American citizens.
Real estate is not automatically excluded, but passive ownership generally does not qualify. The E-2 rules do not permit an idle or speculative investment held primarily for appreciation, such as undeveloped land.
A real-estate-related investment may qualify if it supports a real, active, and operating business that produces goods or services for profit and that the investor will develop and direct. The key distinction is between owning property as an investment and operating a genuine commercial enterprise.
Yes. A vehicle may form part of the documented investment when it is acquired as a genuine business asset and used in the enterprise’s operations.
For example, delivery vans, service vehicles, or transportation used directly by the business may qualify. A vehicle purchased mainly for personal use is less likely to count, even if it is owned by the company.
The application should document the purchase, business ownership, intended use, and connection between the vehicle and the company’s operations.
A bona fide enterprise is a real, active, and operating commercial business that produces goods or services for profit and meets the legal requirements for doing business in its jurisdiction. It cannot be merely a paper company or an idle or speculative investment held for appreciation.
Can a startup qualify?
Yes. A new enterprise may qualify if it is sufficiently developed to operate and the investment has been committed. Evidence may include formation records, licenses, premises, equipment, contracts, bank activity, or initial sales, depending on the business.
Can a nonprofit qualify?
Generally, no. The E-2 enterprise must produce goods or services for profit.
What legal requirements apply?
The business must comply with the federal, state, and local requirements that apply to its operations, including any necessary licenses, permits, registrations, or zoning approvals.
Many types of businesses may qualify. What matters is whether the enterprise is genuine, active or ready to operate, and capable of meeting the E-2 requirements.
If you’re considering applying for an E-2 Visa, understanding what qualifies is crucial. The U.S. Citizenship and Immigration Services (USCIS) defines a qualifying business as a bona fide enterprise—a real and active operation that generates profit and contributes meaningfully to the U.S. economy.
Examples of Qualifying Businesses
Here are some types of businesses that often meet the requirements:
These businesses succeed because they are active, profit-focused, and structured to grow and thrive.
What Doesn’t Qualify
Some ventures don’t meet the E-2 Visa standards. These include:
Staying on the Right Path
To qualify, your business should show it can make a real contribution to the economy. A solid business plan, adequate funding, and clear operational strategies are essential. Successful examples often come from sectors like technology, manufacturing, and services, where there’s potential for growth and measurable economic impact.
Insufficient investment
The problem: The amount invested is too small relative to the cost of purchasing or establishing the particular business. Although there is no fixed minimum, the investment must be substantial for that enterprise.
How to avoid it: Document the total cost of the business and show that the amount invested represents a meaningful financial commitment and is sufficient to make the enterprise operational.
Funds that are not fully committed
The problem: The investor still controls the funds and can withdraw them freely. An intention to invest does not satisfy the E-2 requirement.
How to avoid it: Show that the funds have been spent, contractually committed, or placed in a qualifying visa-contingent escrow arrangement.
Poor documentation of investment funds
The problem: The application does not clearly establish that the funds were lawfully obtained or trace how they reached the business.
How to avoid it: Provide a clear financial trail using bank statements, tax records, sale agreements, gift records, loan documents, and transfer receipts, as applicable.
Unsupported business plans
The problem: The business plan relies on generic assumptions or projections that are inconsistent with the actual investment, market, staffing, or operating model.
How to avoid it: Use realistic projections and support important assumptions with evidence appropriate to the business, such as market information, contracts, pricing, operating costs, and staffing plans.
Applying before the business is sufficiently developed
The problem: The investment remains tentative, or the enterprise has not progressed far enough to constitute a real business capable of beginning operations.
How to avoid it: Commit the investment and complete the material steps appropriate to the business, which may include obtaining premises, licenses, equipment, inventory, contracts, or other operational resources.
Misunderstanding marginality
The problem: The application does not show that the enterprise has the present or future capacity to provide more than a minimal living for the investor and the investor’s family.
How to avoid it: Provide credible evidence of expected revenue, staffing, growth, or another significant economic contribution. A new enterprise may rely on its future capacity, generally within five years.
Weak evidence of ownership or control
The problem: The evidence does not clearly establish that the investor will develop and direct the enterprise.
How to avoid it: Provide ownership records, operating agreements, organizational charts, and a clear explanation of the investor’s decision-making authority and responsibilities.
A consular E-2 visa refusal generally does not have a formal administrative appeal process. The available next step depends on the refusal ground and may involve responding under INA 221(g), submitting a new visa application, or pursuing another legally available remedy.
Start by identifying the provision of U.S. immigration law listed in the refusal notice.
INA 221(g): The officer may require additional documents or information, or the application may require administrative processing. Follow the instructions provided by the embassy or consulate. A 221(g) refusal may later be reconsidered after the requested information is submitted or administrative processing is completed.
INA 214(b): The officer determined that the applicant did not establish eligibility for the requested nonimmigrant visa classification. For an E-2 applicant, this may mean that one or more E-2 requirements were not sufficiently established or that the applicant did not demonstrate an intent to depart when E-2 status ends.
Other grounds of ineligibility may apply depending on the applicant’s circumstances, including certain criminal, immigration, fraud, or misrepresentation issues.
If the refusal was under INA 221(g), continue with the existing application by submitting the requested information or waiting for administrative processing, unless the consular post instructs otherwise.
If the refusal was under INA 214(b), the closed application generally cannot be reopened by sending additional documents. Reapplying normally requires a new DS-160, a new application fee, and another adjudication. The State Department advises applicants reapplying after a 214(b) refusal to present evidence of significant changes in circumstances.
Review the application to determine which requirement was not sufficiently supported. Depending on the case, the concern may involve:
An E-2 applicant does not need to maintain an unabandoned foreign residence. The relevant requirement is an intent to leave the United States when E status terminates.
Address the specific weakness rather than simply adding more documents. This may involve clarifying the source-of-funds trail, committing additional funds, advancing the business toward operations, correcting ownership documents, or supporting financial projections with credible evidence.
The DS-160, business plan, financial records, ownership documents, supporting evidence, and interview answers should present a consistent factual account.
If another interview is required, be prepared to explain what has changed and how the earlier concern has been addressed. Follow the particular embassy or consulate’s instructions regarding document submission, scheduling, arrival time, security, fingerprints, and language assistance.
These procedures vary by post and should not be treated as universal E-2 rules.
Q: Can I appeal a refused E-2 visa application?
A: If your E-2 visa application was denied by U.S. Citizenship and Immigration Services (USCIS) rather than through consular processing, you might be eligible to appeal the decision. Appeals are managed by the Administrative Appeals Office (AAO). However, if the denial occurred after consular processing at a U.S. Embassy or Consulate, the decision is generally final and cannot be appealed. It’s essential to review your denial notice carefully, as it will specify whether an appeal is an option.
Q: How do I know if my E-2 visa denial is eligible for appeal?
A: To figure out if you can appeal, consider the following:
Q: What steps should I follow to appeal a USCIS-denied E-2 visa petition?
A: If you’re eligible to appeal through USCIS, here’s what to do:
Q: What happens if my E-2 visa was refused under Section 221(g)?
A: A refusal under Section 221(g) of the Immigration and Nationality Act (INA) means your application is incomplete or requires additional administrative processing. These cases are different from outright denials. You’ll receive instructions on what documents or information to submit. Once you provide the requested materials, your case will be reconsidered without the need for an appeal.
Q: Can I appeal a denial from a consular officer?
A: No, decisions made by consular officers are usually final and cannot be appealed. However, you can reapply for the visa if you have new information or can address the reasons for the denial. Be sure to make significant improvements in your application before reapplying.
Q: Where can I get more information about the appeal process and relevant forms?
A: To better understand your options and access necessary forms, these official resources will help:
If E-2 classification is unavailable or unsuitable, other options may exist depending on your business, employment history, investment, qualifications, and long-term plans.
L-1 intracompany transferee classification: This may be available if you worked abroad for a qualifying related business for at least one continuous year within the relevant three-year period and will work in the United States as an executive, manager, or specialized-knowledge employee.
EB-5 immigrant investor classification: This provides a potential route to permanent residence through an investment of $1,050,000, or $800,000 in a qualifying targeted employment area or infrastructure project, together with the creation of at least ten qualifying full-time jobs.
H-1B specialty occupation classification: This may be available for a position that normally requires a bachelor’s degree or higher in a directly related specialty. Cap-subject cases generally require selection through the H-1B registration process, although some employers and positions are cap-exempt.
International Entrepreneur Rule: Certain entrepreneurs with a substantial ownership interest and active role in a recently formed U.S. startup may request discretionary parole by showing significant potential for rapid growth and job creation. This is parole, not a visa or permanent immigration status.
Each option has independent requirements and should be assessed separately.
The E-2 visa process involves understanding legal, procedural, and practical requirements. Fortunately, numerous resources are available to help you understand and meet those requirements. Each section below explains exactly what each source offers so you can go directly to what is relevant for your needs. If you are looking for a general overview of the E-2 visa, visit the U.S. Department of State Treaty Investor Visa page: This is the official starting point. It outlines the purpose of the E-2 visa, who is eligible, the meaning of a treaty country, and the basic conditions, such as substantial investment and developing and directing a U.S. business. It also explains validity periods, renewals, and dependent options. It is ideal for getting a clear, authoritative snapshot of the visa category. If you want to know whether your country qualifies for the E-2 visa, check the Treaty Countries List on the U.S. State Department website: Only nationals of specific countries can apply for an E-2 visa. This official list shows which countries currently have treaties in effect with the United States. It is essential to check before proceeding with any application planning. If you are filing from inside the United States and need forms or instructions, go to the USCIS Form I-129 page: If you are already in the United States and want to change your status to E-2 rather than apply at a consulate, you will need to file Form I-129 with the USCIS. The site includes the form, instructions, filing fees, eligibility guidance, and current processing times. This is the only official resource for status changes from within the United States. If you are filing from outside the United States and need consular instructions, visit your local U.S. Embassy website: Each U.S. embassy has its own specific E-2 application process. Embassy sites typically provide required documents, where to submit the application, how to schedule an interview, and processing timelines. This is essential if you are applying for a visa at a consulate abroad. If you want to understand legal terms like substantial investment or marginal enterprise, review the Foreign Affairs Manual, 9 FAM 402.9: The Foreign Affairs Manual is the internal guidance used by U.S. consular officers. This section explains how visa adjudicators are instructed to assess E-2 petitions. It defines what counts as a substantial investment, a non-marginal business, and active involvement in directing the enterprise. If you are building a case or reviewing a denial, this is your most detailed legal reference. If you want to see real-world examples of approvals and trends, visit the USCIS Administrative Appeals Office (AAO) Decisions database: While the E-2 is typically a consular matter, the USCIS handles change-of-status applications. The AAO publishes redacted decisions showing how the USCIS applies the law in individual cases. Reviewing E-2-related I-129 decisions can give insight into what is accepted, what gets denied, and why. These are non-binding but highly informative. If you are looking for current filing fees and processing times, use these official tools:
These tools provide estimates for application costs and processing durations, helping you plan your timeline and budget. If you are looking to understand tax obligations as an E-2 investor, visit the Internal Revenue Service (IRS): While the IRS does not deal with visa approvals, understanding U.S. tax responsibilities is essential once you begin operating a business under an E-2 visa. The IRS website provides guidance on income reporting, business tax structures, and filing requirements for non-resident and resident aliens. It is particularly useful for understanding how your visa status may affect your tax residency and what records you will need to maintain. If you need help creating a business plan or navigating U.S. startup rules, use the U.S. Small Business Administration (SBA): The SBA is a valuable resource for foreign entrepreneurs establishing a business in the United States. While it does not provide immigration-specific advice, it offers tools and templates for writing business plans, applying for business licenses, and accessing funding options. These resources can support your E-2 petition by helping you demonstrate a credible, well-structured business operation.
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