E-2 Visa For Business Investors
General Points
- The E-2 is a temporary visa – however, an applicant may potentially continually renew their visa or classification, subject to USCIS or Consulate approval.
- Though an Immigrant Visa (Green card) application could be filed, the E-2 visa does not allow for dual-intent. This means that the E-2 itself or travel during the pendency of the Immigrant Visa could be affected by delays or denials.
- Applicant must be a citizen of eligible countries to apply.
- Generally, a large volume of supporting documentation required.
- There is no requirement that an Applicant maintain a business abroad (as for L-1 cases).
- A ‘Substantial investment’ is required. The investment must be substantial for the particular type of businesspurchased or initiated.
- Applicant are required to put their funds ‘at risk’ in the E-2 Enterprise prior to submitting the application.
- Applicant must be entering the S. to ‘develop and direct’ the business.
- The E-2 Enterprise’s business income should not be marginal – only sufficient for the E-2 visa holder and his family.
- The spouse of an E-2 visa holder is eligible for a work permit (and does not have to be a National of a Treaty Country), children may attend school until theage of 21.
- Currently there are no caps or quotas for the E-2.
Background
The E-2 visa category is for use by business owners, managers, and employees who wish to engage in business activities within the US through the creation or purchase of a business. Upon visa approval, an applicant may enter the US relatively quickly along with his/her spouse and children to begin operations for that business. The spouse of an E-2 Visa holder may obtain an EAD work authorization document which will allow him or her to engage in work anywhere. Subject to certain conditions, the E-2 Visa holder may obtain and renew his or her visa indefinitely, as long as they continue to maintain non-immigrant intent – meaning that the individual eventually plans to leave the United States.