E-2 Investor Visa

Introduction

The E-2 Investor Visa is a visa that gives a person the right to enter and work in the United States based on an investment he or she is going to be controlling while in the United States. In order for the person to be able to stay in the country and work, the visa needs to be renewed every two years. However, there is no limit to how many times a person can renew their visa. The investment the foreigner is making must be substantial in order to maintain a business and the visa is only available to individuals in a treaty country. A few countries that are not eligible for investor visas include Brazil, Rusia, India and China.

For new startups, the investment the individual is making must be big enough to start and operate the business. The amount the investment has to be depends on the type of business being open. The investment is not considered big enough to get the visa if can’t capitalize the venture. After the business venture ends, investors must go back to their countries origin or apply for a new status. The holder of the visa is free to leave the country at anytime.

Spouses and unmarried children who are under the age of 21 years-old regardless of their nationality, may receive derivative E-2 visas in order to join the principal Alien. Dependents can get employment in US during their stay by applying for employment authorization.

The requirements for an E2 Investor Visa are as follows:

  • The investor—not the applicant—must have citizenship in a treaty country or be primarily (50% or more) owned by individuals who have citizenship in the treaty country.
  • The funds invested must be committed, irrevocable, and sufficient to ensure the successful operation of the enterprise.
  • The investment must be made in a real operating enterprise. Paper organizations and speculative investments do not qualify.
  • Uncommitted funds in a bank account, or similar security are not considered an investment.
  • The income generated must either be substantial enough to support more than the applicant’s family, or have a significant economic impact in the United States.
  • The applicant must have control of the funds and the funds must be at risk in the commercial sense. Loans secured by assets are not considered investments.

The applicant must be coming to the US to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be considered an essential employee, employed in a supervisory, executive, or highly skilled capacity.
To apply, you must:

  • Complete the Online Non-immigrant Visa Application Form
  • The form will require that you upload a photo meeting USCIS requirements
  • Print the application form confirmation page to bring to your interview, along with a valid passport, credible business plan of how your business will be opened and thrive during your stay in the US, as well as proof of income and / or funds.
  • If you are older than 13 and less than 80, you will likely need to schedule an interview at the U. S. Embassy or Consulate in your native country.
  • If you are 13 or under, or 80 or over, you will not generally be required to attend an interview, but consular officers have discretion in these matters.
  • Pay a non-refundable visa application fee of $160. 
  • If your visa is granted, there may be an addition visa issuing fee depending on your nationality.

Individuals interested in other investor visas should visit the following link for addition information on the E-1 Trader Visa.