Is it Difficult to Get an E2 Visa? Thoughts from a Top U.S. Immigration Attorney

Understanding the E2 Visa

The E-2 treaty investor visa allows qualified foreign nationals to enter and work in the United States. With an E-2 visa, an investor can manage and direct a business he or she has invested in.

Many foreign investors wonder – is it difficult to obtain an E-2 visa? The process involves meeting specific requirements and providing documentation. However, working with an experienced immigration attorney can streamline the process.

Here is an overview of E-2 visa requirements, processing times, and tips from a leading immigration law firm on obtaining this beneficial visa.

Feldman Feldman & Associates PC is a top-notch immigration law firm in California. If you need an immigration attorney, contact us by calling 619-299-9600 today.

What is the E-2 Visa?

The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the U.S. to develop and direct the operations of an enterprise in which he or she has invested a substantial amount of capital.

Some key features of the E-2 visa:

It is available only to nationals of countries with which the United States maintains treaties of commerce and navigation.
There is no annual cap on the number issued.
The E-2 visa validity period varies by country (up to five years). Typically, it allows for an initial stay of up to two years (after entry), with unlimited extensions possible.
Spouses and unmarried children under 21 years of age can accompany the principal E-2 investor.
It allows the investor and dependents to reside in the U.S. until the business is sold or the visa status ends.

E-2 Visa Requirements

To qualify for an E-2 visa, the applicant must demonstrate that:

The investment funds were obtained legally.
The investor has invested in the business.
The investor will have at least 50% ownership and control of the enterprise.
The investor has an active role managing the enterprise.
The enterprise is real and operating.
The enterprise generates significantly more income than just providing a living for the investor.
The investor plans to depart the U.S. after the E-2 status ends.

Substantial Capital Investment

“Substantial” is not defined in dollar amounts. However, the funds invested should be sufficient to ensure the successful operation of the enterprise.

Nationality Requirement

The investor must be a national of a country that holds a qualifying treaty with the United States. This includes over 90 countries such as the UK, France, Germany, Japan, and others.

Management Role

The investor must have a controlling interest (at least 50%) in the enterprise and take an active management role, directing the business.

E-2 Visa Processing Timeline

Many factors affect the processing time, but here are general timeframes:

2-4 months to prepare and file the petition and supporting documents.
1-3 months for USCIS to approve the E-2 petition.
2-4 weeks to schedule a visa interview after petition approval.
2-4 weeks for the embassy to issue the E-2 visa after the interview.

So, the timeline can vary. It’s important to be patient and flexible.

Tips from a Leading Immigration Law Firm

Here are tips on successfully obtaining an E-2 visa from a top U.S. immigration attorney:

Work with an experienced lawyer – Navigating the legal complexities and paperwork is easier with an attorney experienced in E-2 visa petitions. They can help ensure you meet all requirements.
Be prepared to document your investment – You’ll need to show comprehensive documentation proving your capital came from legal sources and tracable to you.
Have a solid business plan – Your business plan should demonstrate the company has the capacity to generate significantly more income than just providing a minimal living for you and your family.
Be ready to explain your role – You’ll need to articulate clear plans to direct and develop the U.S. business operations.
Plan for the interview – Expect to explain details about your investment, the business, your qualifications, and plans to enter and exit the U.S. Mock interviews can help identify gaps.

FAQs from Investors About E-2 Visas

Here are answers to some frequently asked questions about E-2 visas:

1. What is the maximum length of stay on an E-2 visa?

E-2 visas are granted for varying lengths of time depending on the country (up to five years). USCIS will grant an approval for up to two years, but E-2 status can be renewed in two-year intervals for as long as the business continues operating and visa eligibility requirements are met. There is no limit to the number of extensions.

2. Can I buy an existing business with an E-2 visa?

Yes, you can purchase an existing business in the U.S. and qualify for an E-2 visa, as long as you invest additional capital and take over its management.

3. Does the E-2 lead to a green card?

No, the E-2 is a nonimmigrant visa. It does not provide a direct path to permanent residence. However, some E-2 holders later adjust status to permanent residency through the EB5 visa or other green card programs.

4. Can my dependents get E-2 visas too?

Yes, your spouse and unmarried children under 21 years old can be included on your E-2 visa petition and receive derivative E-2 visas allowing them to accompany you and reside in the U.S.

5. Can I work for my E-2 business if my spouse is the principal investor?

Yes, as the spouse of the principal E-2 visa holder, you are eligible for an E-2 dependent visa that allows you to work for the E-2 business in the U.S. or for any other company.

Key Takeaways

While the E-2 has stringent requirements, it offers significant benefits and is a viable option for many foreign investors. Working with an experienced immigration attorney can help you successfully navigate the process. With the right documentation, business plan, and interview preparation, your chances of approval are excellent.

Consult a Qualified Attorney

The E-2 treaty investor visa provides foreign entrepreneurs and investors a wonderful opportunity to grow businesses in the United States. While obtaining the visa involves clear requirements and paperwork, many successful applicants feel the benefits are well worth the effort. Speaking with a qualified immigration lawyer can help determine if the E-2 is the right fit for your plans to develop or direct U.S. business operations. With the right help, your dreams of bringing your business to America may become reality.

It is important to consult an immigration attorney to discern the most fitting course of action for your particular circumstance. Call Feldman Feldman & Associates PC at 619-299-9600 for support with your immigration case today.