***Click Here to visit our E-2 Visa website***
Foreign investors who invest a substantial amount of capital in a U.S. enterprise, and who will develop and direct the enterprise, may apply for the E2 Investor Visa, if their country of citizenship has the required treaty with the United States.
If the investor is inside the U.S., he or she may apply to the U.S. Citizenship and Immigration Services (USCIS) for a change of status, extension of stay, or change of employment. The E-2 investor category does not require a petition for employment with the USCIS, if the investor is outside of the United States. In that case, the investor may directly apply for the E-2 visa with the U.S. Embassy or U.S. Consulate his or her home country.
The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.
E-2 DOCUMENT REQUIREMENTS
The E-2 visa application must be filed with evidence that:
- The investor is a national of a country with whom the United States has the requisite treaty or agreement;
- The E-2 applicant will direct or develop the U.S. enterprise. The applicant must demonstrate that he or she controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
- The investor has invested in or is actively in the process of investing in the enterprise;
- 4. The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
- The investment enterprise is not a marginal enterprise;
- If the E-2 applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify; and
- That the applicant intends to depart the United States upon the expiration of E-2 visa status.
E2 DEPENDENTS / FAMILY MEMBERS
Spouses and unmarried children under age 21, regardless of nationality, may receive derivative E-2 visas in order to accompany the investor to the United States. Family members may be students in the U.S. while remaining in E-2 dependent status. E-2 spouse may apply for work authorization with the USCIS.
TIME LIMITS
Holders of E-2 visas may reside in the United States as long as they continue to maintain their status with the enterprise.
For consultation with an Immigration Lawyer, please CALL US at (626) 642-8066 or Complete the our Contact Form. An attorney in our office would be happy to assist you.
The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.
