E2 Investment Visa in the United States: A Guide for Investors
If you are an entrepreneur or investor looking to expand your business in the United States, the E2 Investment Visa offers an excellent opportunity to live and work in the country. At Arif Law Offices, P.C., we specialize in U.S. and French immigration law, helping investors successfully navigate the E2 visa application process. Below, we outline the essential details about the E2 visa, including eligibility requirements and the application process.
What is the E2 Investment Visa?
The E2 visa is a non-immigrant visa that allows foreign nationals from treaty countries to enter and work in the U.S. based on a substantial investment in a U.S. business. This visa is ideal for entrepreneurs, business owners, and investors looking to establish or acquire a U.S.-based enterprise.
Eligibility Requirements for the E2 Visa
To qualify for an E2 Investment Visa, applicants must meet the following criteria:
- Nationality: The applicant must be a national of a country that has an E2 treaty with the United States.
- Substantial Investment: The investment must be significant enough to ensure the successful operation of the business.
- Ownership or Control: The investor must own at least 50% of the business or have significant control over its operations.
- Active Business: The business must be an active, for-profit enterprise and cannot be a passive investment, such as real estate.
- Job Creation: The business should contribute to the U.S. economy by creating jobs for U.S. workers.
- Intent to Depart: The applicant must intend to leave the U.S. once their visa expires.
List of countries with an E2 treaty can be found here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
The E2 Visa Application Process
Filing for an E2 Investment Visa requires careful planning and documentation. Below is a step-by-step outline of the process:
- Determine Eligibility
Ensure that you meet all the eligibility requirements, including nationality and investment criteria. - Make a Substantial Investment
Invest in a U.S. business or enterprise. This includes purchasing an existing business or starting a new one. The investment must be at risk, meaning it is committed and irrevocable. - Prepare the Necessary Documents
Key documentation includes:- Form DS-160 (Online Nonimmigrant Visa Application)
- Form DS-156E (Nonimmigrant Treaty Trader/Investor Application)
- Business plan detailing investment structure and financial projections
- Proof of investment (bank statements, purchase agreements, lease contracts, etc.)
- Evidence of business viability and job creation potential
- Submit the Application to the U.S. Consulate
Applicants must file their E2 visa petition with the U.S. embassy or consulate in their home country. - Attend the Visa Interview
During the interview, you will be required to demonstrate the legitimacy of your investment and business plans. - Receive Visa Approval and Enter the U.S.
Upon approval, the investor and eligible dependents (spouse and children under 21) can enter the United States. Spouses can also apply for work authorization.
Why Choose Arif Law Offices, P.C.?
Navigating U.S. immigration laws can be complex, especially for investors unfamiliar with the process. Arif Law Offices, P.C. specializes in U.S. and French immigration law, providing expert guidance to ensure a smooth and successful E2 visa application. Whether you need help structuring your investment, preparing documents, or representing you in legal matters, our team is here to assist.
Contact us today to schedule a consultation and take the first step toward securing your E2 Investment Visa!
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