E-2 visa

E2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must be renewed every other year, but there is no limit to how many times one can renew. Investment must be substantial. An investor must contribute to the US economy. (Setting up a small shop alone is not enough.) Investor visas are available only to treaty nations.

The dollar amount of cash investment normally should exceed $50,000 depending on the type of business (new or existing), although cases have been made for less amounts. This is an approximated amount and applicants should consult an immigration lawyer prior to making any offers for existing business. The dollar amount should only be money spent on the business. Any expenses not directly spent on the actual business itself will not count toward the required amount.

For new start ups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The $50,000 dollar amount would not be a substantial investment for a business such as the construction and management of a shopping center or office complex. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCIS will use an ‘Inverted Sliding Scale’ to determine whether the investment is substantial in proportion to the overall cost of the enterprise.

Upon conclusion of the business, investors must return to their countries of origin, or change their status. The holder of an E-2 visa may leave the United States at anytime but not over the time limit of 6 months.

How to apply

Applicants should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate.

During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some applicants will need additional screening, and will be notified when they apply. The E-2 visa application process vary from Consular Posts in one country to another country as there is often difference in policies and visa processing procedures. Visa applicants should review regulatory requirements before submitting E-2 visa application.

Required documentation

Each visa applicant must pay a nonrefundable $390 application fee and pay for border crossing card ($100) and submit:

Online Nonimmigrant Visa Electronic Application, Form DS-160. The State Department has a DS-160 webpage that details the DS-160 online process.

Application DS-156E, completed and signed.

A passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States. If more than one person is included in the passport, each person must complete an application.

One (1) 2x2 photograph.

All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a form DS-157 in addition to the Nonimmigrant Visa Application (DS-156E).

As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants.

Dependents

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E-2 visas in order to accompany the principal alien.

Dependents may seek employment in the US by applying for Employment Authorization using Form I-765, Application for Employment Authorization. Children under 21 cannot apply for work , only the spouse of the E2 holder.