Complete Guide for E2 Visa

A Visa is not only a document you use for traveling to the U.S. but it also need for doing to do some certain activity. One of them is the E2 Visa. A perfect option for certain entrepreneurs and traders, E2 visas are relatively inexpensive to obtain (aside from your investment), do not require a job offer, and can be renewed an unlimited number of times.. Here, we are going to explain what this Visa used for, and how to get it.

E2 Visa is a visa created for non-immigrant who want to start a business in the US, or investing. Therefore, to get this Visa, you need to make a substantial amount of investment in the U.S. business. You also must develop and run your business directly, if you want to use this visa for starting a business. One more important thing, you are eligible as long as you are a citizen of a country that is included in the E2 Treaty with the U.S.

E2 visa is a perfect option for investors who want to to work in the United States through their investment in a U.S. enterprise. However, they must be from a country that holds a treaty of trade and commerce with the U.S. This means that if you are a legal permanent resident, you cannot apply. Nevertheless, you do not need to be currently living in the treaty country. Here is the list of the E2 Visa Treaty Countries:

* This list of countries may change anytime without notice. It is recommended to check the Department of State website to see the most current list

You must fulfill the following requirements to be eligible to apply and acquire E2 Visa:

• You are a citizen of a country that is included in the E2 Treaty list above,
• You need to have the intent to leave the U.S. while your E2 Visa is expired. (You can renew it as much as you want as long as your business keeps running in the U.S.).
• You need to invest a substantial amount in the U.S. 
• Your business must be running and active, and the purpose is making a profit,
• The business where you invest your money, can’t be considered as a marginal enterprise,
• When you run and develop your business, you must enter the U.S. area,
• You must use a legal or lawful resource for investment in the U.S.
• Your investment must be at-risk and permanently used for the E2 business.

If you can fulfill all those requirements, you are eligible to apply and get the E2 visa. You also need to ensure that you are serious about investing and running your business. If you just want to enter the U.S. for vacation or other purposes, you can use another Visa.

To apply for an E2 visa, you must collect many documents to submit for your visa application. Here are documents you need to prepare to apply for E2 Visa.

• A DS-160 Form,
• Valid passport (valid at least for 6 months),
• One standard passport photograph, meet the requirements of US visa photo
• Proof of intent to return to your country when you are finished doing your business,
• Proof of your income source.
• There are some documents you should collect that can prove that you meet all requirements in case of necessary such as Business Plan, Tax Returns, IRS Documentation, Business Licenses, Contracts/Service Agreements, Bank Statements, Organizational Charts and Job Descriptions.

The first step to getting your E-2 visa is usually to actually invest in the U.S. enterprise. It means that you have to make some permanent purchases such as the brick-and-mortar building, equipment, or the permits that is required to operate your enterprise or you can purchase an already exist enterprise.

Next, you should submit the proof of your investment, your business plan, and an I-129 petition to the USCIS for processing. You will receive your result for after about six months (or 15 calendar days if you use premium processing). If your petition is approved, you’ll have one of two options depending on your case:

Change of Status – If you are in the US under a different nonimmigrant visa status, you may file Form I-129 to request a change of status to E-2 classification. 

Consular Processing – If you are not in the US, you need to go to the U.S. Embassy or consulate and apply there. Prepare all the documents that are required. Then, you make an appointment for an interview. Attend the interview on the date that you have been scheduled before. And, you need to wait until your visa processing is finished. 

The standard processing time is 2-4 weeks. However, you also can apply for premium processing, which will only take 15 days. For this one, you need to use the I-907 form and pay the premium fee ($1,225).

You need to renew your E2 Visa, once every 2 years. It recommends renewing the E2 Visa before your I-94 form expires. If you do that, you can still work for 240 days while waiting for the processing time. If you renew it after it’s expired, you only have 40 days until you have to leave the U.S.

Unmarried Children under 21 years old or spouse of E2 visa holder can apply for E2 visa as dependents and, if approved, generally will be granted the same period of stay as the employee.  If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee.  Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee.  If approved, there is no specific restriction as to where the E-2 spouse may work.