Applying for an E-2 visa involves several steps that vary slightly depending on the country of origin. Here’s a guide for applicants from Mexico, Argentina, Venezuela, Japan, South Korea, Thailand, China, Germany, and Denmark:
General E-2 Visa Requirements
- Treaty Country: The applicant must be a national of a country with a treaty of commerce and navigation with the U.S.
- Investment: The applicant must have invested or be in the process of investing a substantial amount of capital in a bona fide U.S. enterprise.
- Business: The enterprise must be a real and operating commercial enterprise.
- Control: The applicant must be seeking entry to develop and direct the enterprise, typically owning at least 50% of the business.
- Job Creation: The investment must lead to job creation for U.S. workers.
- Marginality: The enterprise must generate more than enough income to provide a minimal living for the investor and their family or have a significant economic impact in the U.S.
- Temporary Stay: The intent to depart the U.S. when the E-2 status ends must be clear.
Application Process
- File DS-160: Complete the Online Nonimmigrant Visa Application (Form DS-160) and print the confirmation page.
- Form DS-156E: File the Nonimmigrant Treaty Trader/Investor Application (Form DS-156E).
- Gather Required Documentation:
- Passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant’s intended period of stay.
- Form DS-160 confirmation page.
- Form DS-156E.
- Proof of substantial investment (bank statements, asset valuations, etc.).
- Evidence that the business is operational (lease agreements, contracts, business licenses).
- Proof of ownership/control of the business.
- Business plan detailing the enterprise and job creation potential.
- Evidence of intent to return to the home country.
- Pay the Visa Fee: Pay the non-refundable visa application fee.
- Schedule an Interview: Schedule an interview at the U.S. Embassy or Consulate in your country of residence.
- Attend the Interview: Bring all documentation and be prepared to discuss your investment and business plan.
Country-Specific Information
Mexico
Mexican nationals are eligible for the E-2 Visa under the treaty between the U.S. and Mexico. Mexico has a strong economic relationship with the U.S., and many Mexican investors take advantage of this visa to expand their businesses or start new ventures. In 2020, there were 838 approved E2 Visa applications from Mexico.
Consular Section: Applicants typically apply at the U.S. Embassy in Mexico City or one of the U.S. Consulates in Mexico.
Processing Time: Varies; check the specific consulate for estimated wait times.
Argentina
Argentina is a treaty country, making its nationals eligible for the E-2 Visa. Argentine investors frequently explore opportunities in the U.S. to diversify their investments and access a larger market. In 2020, there were 277 approved E2 Visa applications from Argentina.
Consular Section: Applications are processed at the U.S. Embassy in Buenos Aires.
Processing Time: Varies; consult the embassy for specific details.
Venezuela
Consular Section: Due to political and security situations, visa services may be limited. Often, Venezuelan applicants may need to apply in neighboring countries.
Processing Time: Can be longer due to limited services.
Japan
Japan has a long-standing treaty with the U.S., and Japanese investors are well-represented in the E-2 Visa category. Japanese businesses often seek to expand their presence in the U.S. market. In 2020, there were 8,654 approved E2 Visa applications from Japan.
Consular Section: Applications are processed at the U.S. Embassy in Tokyo or the U.S. Consulates in Naha, Osaka, Sapporo, Fukuoka, Nagoya.
Processing Time: Generally efficient; check the embassy for specific wait times.
South Korea
South Korean nationals are eligible for the E-2 Visa and frequently invest in various U.S. industries. The strong economic ties between South Korea and the U.S. facilitate these investments. In 2020, there were 1,973 approved E2 Visa applications from South Korea.
Consular Section: Applications are processed at the U.S. Embassy in Seoul.
Processing Time: Typically efficient; consult the embassy for details.
Thailand
Thailand is a treaty country, allowing its nationals to apply for the E-2 Visa. Thai investors often seek opportunities in the U.S. to access a larger and more diverse market. In 2020, there were 122 approved E2 Visa applications from Thailand.
Consular Section: Applications are processed at the U.S. Embassy in Bangkok.
Processing Time: Generally efficient; check the embassy for wait times.
China
Although China is not a treaty country, Chinese investors can still explore the E-2 Visa through dual nationality or by setting up businesses in treaty countries and then applying for the E-2 Visa.
Germany
Germany is a treaty country. Germany is a treaty country, allowing its nationals to apply for the E-2 Visa. German investors often seek opportunities in the U.S. to access a larger and more diverse market. In 2020, there were 1,487 approved E-2 Visa applications from Germany.
Consular Section: Applications are processed at the U.S. Embassy in Berlin or U.S. Consulates in Frankfurt and Munich.
Processing Time: Generally efficient; consult the consulate for details.
Denmark
Denmark is a treaty country, allowing its nationals to apply for the E-2 Visa. Danish investors often seek opportunities in the U.S. to access a larger and more diverse market. In 2020, there were 103 approved E-2 Visa applications from Denmark.
Consular Section: Applications are processed at the U.S. Embassy in Copenhagen.
Processing Time: Generally efficient; check the embassy for specifics.
This guide provides a broad overview, but specific requirements and procedures can vary by embassy or consulate. Always consult the relevant U.S. Embassy or Consulate’s website for the most accurate and detailed information.