Unfortunately, India is not a treaty country for the E-2 visa. This means that an Indian national cannot apply for the E-2 visa. However, if the Indian national has a passport from another country that happens to be an E-2 treaty country, it is then possible to apply for the E-2 visa with this country. Other visa options include the L-1, H1B, and EB-5 visas.
How Can Indian Nationals Acquire a Qualifying Nationality for the E-2 Visa Through Citizenship by Investment?
Indian nationals seeking an E-2 visa must come from a country that maintains a qualifying treaty with the United States. Since India is not on that list, the most expedient solution is to obtain citizenship through a country that does participate. Two of the fastest paths are Grenada and Turkey, both of which offer Citizenship by Investment programs designed for this purpose:
1. Grenada
- Minimum Investment: Starting at approximately $150,000, you can qualify for Grenadian citizenship through their CBI program.
- Program Structure: Grenada’s CBI allows you to invest in either a government-approved real estate project or a National Transformation Fund, which directly contributes to public projects.
- Benefits:
- Once you hold a Grenadian passport, you become eligible for an E-2 visa.
- Grenadian citizenship also grants visa-free (or visa-on-arrival) access to over 140 countries.
- The country’s program is well-established and recognized by U.S. consular officers, smoothing the E-2 application process.
2. Turkey
- Investment Options: Turkey lets you choose from multiple paths—purchasing real estate (minimum $400,000), making a fixed capital investment (starting at $500,000), or depositing $500,000 in a Turkish bank for at least three years.
- Advantages:
- You retain flexibility over your capital (particularly with the bank-deposit option), which can help in initial E-2 business planning.
- After five years of citizenship, Turkey also allows dual nationals to hold a U.S. E-2 visa.
- Turkish passports provide visa-free or visa-on-arrival access to many countries, though not quite as many as Grenada.
Once citizenship is granted by either of these programs, you simply apply for your E-2 visa as a national of Grenada or Turkey, showing your qualifying investment in a U.S. business.
3. Alternative, Longer-Term Routes
If Grenada or Turkey don’t fit your strategy, you can consider obtaining citizenship in other treaty nations—such as Canada, the United Kingdom, or Australia—but be aware these routes typically require:
- Residency Requirements: You must live in that country (often for several years) before you become eligible to naturalize.
- Extended Timeline: Because no direct “investment shortcut” exists in these places, it can take anywhere from five to ten years or more before you secure citizenship. Only after that point would you qualify for an E-2 application.
4. Choosing the Right Path
- Speed vs. Permanence: Grenada (and Turkey) offer the fastest route to a qualifying passport, usually within 6–12 months. In contrast, Canada, the U.K., and Australia provide broader long-term benefits—like established immigration systems and eventual access to permanent residency—but at the cost of a multi-year residency requirement.
- Financial Considerations: Compare total costs—Grenada’s minimum $150,000 vs. Turkey’s ~$500,000—alongside legal fees and due diligence.
- Family Planning: Check whether the CBI program allows dependent children to acquire citizenship concurrently, which can simplify your family’s E-2 process later on.
By choosing a Citizenship by Investment route in Grenada or Turkey, you gain a qualifying nationality quickly and position yourself to apply for an E-2 visa without the lengthy residency hurdles of other countries. If you prefer a longer-term strategy—especially if you have future plans outside the U.S. as well—pursuing standard naturalization in Canada, the U.K., or Australia could be the right fit.
What are the Steps for an Indian-Born Applicant to Obtain an E-2 Visa?
1. Acquire a Qualifying Passport
- Because India isn’t an E-2 treaty country, you’ll first need citizenship in a nation that is. Common routes include Grenada or Turkey’s Citizenship by Investment programs.
- Timing: These programs usually take 6–12 months to complete.
2. Select or Establish a U.S. Business
- Decide whether to buy into an existing enterprise (franchise, established company) or start a new venture from scratch. If you’re considering a franchise, work with a franchise attorney to vet agreements and ensure it meets E-2 criteria.
- Timing: Research and negotiation typically take 1–3 months.
3. Draft a Comprehensive Business Plan
- Your plan must demonstrate how your investment is “substantial,” outline projected revenue and expenses, detail staffing plans, and show how the business will create jobs or otherwise be viable.
- Collaborate with an E-2 specialist to make sure it aligns with USCIS expectations.
- Timing: Complete draft in 1 week to 2 months, depending on complexity.
4. Formally Incorporate Your U.S. Entity
- Register your company in the chosen state (e.g., as an LLC or corporation). Obtain a federal Employer Identification Number (EIN).
- Timing: Most state filings and EIN issuance take 1–4 weeks.
5. Secure All Required Licenses and Permits
- Identify any industry-specific licenses (e.g., health department, professional, liquor licenses) and local permits (zoning, signage).
- Gather documentation of approvals or applications, as consular officers will request proof that the business can lawfully operate.
- Timing: Varies by jurisdiction—plan for 0–8 weeks.
6. Fund and “Risk” Your Investment
- Transfer enough capital into the business (or escrow) to show a genuine, at-risk commitment. For many startups, this means investing $100,000–$200,000 or more, depending on the industry.
- Keep bank statements, wire confirmations, escrow agreements, or purchase contracts to prove the money is irrevocably committed to the enterprise.
- Timing: Funding often aligns with incorporation; plan concurrently.
7. Determine Whether to Change Status (COS) or Apply Consularly
- If you’re already in the U.S. on another valid visa, you can file Form I-129 to request a change of status to E-2. This allows you to remain in the U.S. while USCIS adjudicates.
- If you’re abroad (or prefer to exit and re-enter), you’ll apply directly for an E-2 visa at the U.S. consulate in your home country of your new citizenship.
- Timing: Weigh processing times (I-129 adjudication can take several months unless premium processing is used) versus local consular appointment availability (which varies by post).
8. Submit Your Application
- Change of Status: File Form I-129 (plus any dependent I-539s), the business plan, proof of investment, incorporation documents, and proof of citizenship in an E-2 treaty country.
- Consular Application: Complete Form DS-160, gather your DS-156E, business documentation, and investment evidence, then schedule and attend the consular interview.
- Timing: COS can take 2–6 months (premium processing reduces to ~15 days). Consular processing depends on current interview wait times, often a few weeks to a few months.
9. Prepare for the Interview or USCIS Review
- Whether at the consulate or with USCIS, be ready to explain your business model, investment amount, and how the enterprise will operate in the U.S.
- Bring originals of incorporation, bank statements, lease agreements, and a finalized business plan.
10. Maintain Your E-2 Status and Plan for Renewals
- Once approved, your E-2 visa is typically valid for 2–5 years (depending on your new country’s reciprocity). To extend, keep the business active and profitable, continue meeting E-2 requirements, and file for renewal before your current I-94 expires.
By following these steps—especially securing a qualifying passport, crafting a detailed business plan, and demonstrating a real “at-risk” investment—you’ll position yourself for a successful E-2 visa application. Good luck!
How Much Do I Have to Invest to Obtain an E-2 Visa?
There’s no set dollar minimum for an E-2 visa—USCIS simply wants to see that your investment is “substantial” relative to the business you’re launching or acquiring. In other words, your capital must be large enough to demonstrate you’re committed and that the company can actually succeed.
What “Substantial” Means
- Proportional to Total Cost: For a low-cost venture (say, $50,000 to start), you’ll usually need to put in nearly all of that amount. If your business requires $100,000 to launch, investing $100,000 (or $90,000) clearly shows you have skin in the game.
- Sliding Scale for Larger Projects: As projects grow—into the $500,000 or $1 million range—a lower percentage of ownership can still be substantial. For example, putting $250,000 into a $500,000 business (50%) or $400,000 into a $1 million enterprise (40%) can satisfy the requirement, because the absolute dollars at risk demonstrate strong commitment.
Why $100,000 Is Often Cited
- Although there’s no official floor, many successful E-2 applicants invest around $100,000. Below that, you must clearly show why your business genuinely needs less—such as a lean online service or consultancy with minimal overhead.
Key Factors to Keep in Mind
- Industry Type:
- A tech consulting firm might launch on $70,000.
- A restaurant or retail store could easily require $200,000–$300,000 before opening.
- “At-Risk” Requirement:
- Funds must already be committed (equipment, leases, inventory) or under contract. Simply holding money in a bank account doesn’t count.
- Viability & Job Creation:
- While you don’t need to prove specific hires for E-2, showing that your investment will generate jobs or sustain the business long-term strengthens your case.
Bottom Line
- Small Startups: Invest close to 100% of your actual startup costs (often $50,000–$100,000).
- Mid-Range Ventures: Aim for at least 50% of a $200,000–$500,000 project (so $100,000–$250,000 at risk).
- Larger Operations: Focus on a significant outlay (e.g., $300,000–$500,000), even if it’s only 30%–40% of the total.
If you’re unsure where you stand, consult an E-2 specialist who can map your total capitalization and show how your investment clearly meets USCIS’s “substantial” standard.
What Businesses Qualify for an E-2 Investor Visa?
Any bona fide, for‐profit business that you control can qualify for an E-2 visa, provided it meets these core criteria:
Active, Operating Enterprise
- The company must be more than a paper entity—it should be actively trading or providing services (e.g., retail store, tech startup, restaurant, consulting firm). Simply holding a passive investment or vacant property won’t suffice.
Legitimate, Viable Business Model
- You’ll need to show a clear path to profitability: a detailed business plan, realistic revenue projections, and evidence that the operation can sustain itself long term.
“Substantial” Investment
- Your capital must be significant relative to the cost of starting or purchasing the business. As a rough rule of thumb, investing around $100,000 (or enough to cover most of a lower-cost venture) is often viewed as sufficient, though smaller or larger businesses may require different amounts.
Non-Marginal Enterprise
- The business must do more than support you and your family—it should have the capacity to generate a real economic impact. Evidence of hiring U.S. employees or demonstrating how the company will expand can reinforce non-marginality.
Under Your Control
- You must own at least 50 percent of the enterprise (or hold operational control through an equivalent arrangement). Clear ownership documents—operating agreements, trademarks, leases—are essential.
Suitable Premises and Staffing
- Operating from an appropriate commercial space (office, retail location, warehouse) and, ideally, employing one or more U.S. workers strengthens your case, though a sole proprietorship can qualify if it clearly meets the other criteria.
Because every application hinges on the specific nature and scale of the business, it’s wise to work with an immigration advisor to ensure your venture satisfies all E-2 requirements.
Can an E-2 Visa Holder Work for Another Company?
- Spousal Employment: The spouse of an E-2 visa holder may apply for a work permit (Form I-765) and, once approved, can work for any U.S. employer, providing considerable flexibility in career choices.
- Expanding Within the E-2 Enterprise: Although a principal E-2 holder cannot take a job with an unrelated business, the original E-2 investment can be structured to include multiple branches or subsidiaries. In that case, the investor may work across those related companies—so long as each entity clearly stems from the same qualifying investment.
- Restriction for Investors: A primary E-2 visa holder is not permitted to be employed by any company outside their designated E-2 business or its affiliates. Their professional activity must remain tied to the enterprise that secured their visa.
Understanding these rules is crucial for E-2 visa holders exploring additional business ventures or planning career changes while living in the United States.
Which Business is Best for an E-2 Visa?
There isn’t a one-size-fits-all “best” business for an E-2 visa—what matters most is choosing a venture that:
- Aligns with Your Skills: Pick an industry where you have experience or clear expertise, so you can credibly demonstrate you’ll run it effectively.
- Creates U.S. Jobs: Structure it to hire at least one or two American employees. Even a small service firm that brings on a couple of staff members shows economic impact.
- Has a Physical Footprint: A standalone office, retail space, or workshop carries more weight than an online-only operation, since it proves you’re genuinely active on U.S. soil.
- Requires a “Substantial” Outlay: While no strict minimum exists, planning to invest around $100,000 (or whatever covers most startup costs) signals you’re serious and not just testing the market.
With those criteria in mind, some examples that often work well include:
- Franchises: You inherit a proven model, brand recognition, and support network—streamlining your path to profitability and job creation.
- Service Firms (Consulting, IT, Cleaning): These can launch for $50K–$150K, scale quickly, and typically need a handful of employees within a year.
- Restaurants/Cafés: They usually exceed the $100K mark, require staff, and demonstrate both “at-risk” investment and community impact.
Ultimately, the “best” business is the one you understand deeply, can fund at a substantial level, and will genuinely hire U.S. workers. Align those factors with your passion and expertise, and you’ll be well-positioned for E-2 approval.
What is an E-2 Employee Visa?
An E-2 Employee Visa is a nonimmigrant classification created for foreign nationals whose specialized skills are crucial to a U.S. company owned by an E-2 investor. Eligibility requires the employee to share nationality with the principal investor, who must come from a country that holds a commerce treaty with the United States.
Key Features:
- Matching Nationality: The employee must be a citizen of the same treaty country as the E-2 investor.
- Essential Expertise: The position must call for unique abilities or knowledge that substantially benefit the enterprise.
- Initial and Extended Validity: This visa is generally issued for up to two years and may be renewed in two-year increments as long as the employee’s role remains indispensable.
- Approved Job Roles: Only executive, managerial, or specialist positions are eligible, ensuring the worker’s contribution is integral to the company’s operations.
What is an E-2 Investor Visa?
The E-2 Investor Visa is a nonimmigrant classification that lets foreign entrepreneurs live in the U.S. to develop and run a business where they’ve committed a substantial amount of capital. Tailored specifically for business-minded investors, it offers a path to start, purchase, or expand a company on American soil.
Why Choose the E-2 Investor Visa?
- Hands-On Control: You get to manage day-to-day operations and make key decisions for your U.S. enterprise.
- Unlimited Renewals: Although it’s initially valid for up to two years, you can keep renewing as long as your business remains viable and meets all E-2 criteria.
- Family Inclusion: Your spouse and children under 21 can join you. Plus, your spouse can apply for a work permit to seek employment independently.
What You Need to Qualify:
- Treaty-Country Citizenship: You must hold citizenship in a nation that maintains a qualifying treaty with the United States.
- Meaningful Investment: You need to invest a significant sum—enough to show the business can succeed. There’s no official “minimum” number, but the capital must be truly at risk.
- Leadership Role: You must own a controlling stake in the company (at least 50%) and come to the U.S. to direct its growth and operations.
In short, the E-2 Investor Visa is ideal for entrepreneurs dedicated to building a thriving business in the U.S., strengthening economic ties and fostering mutual growth.