What Is an Investor Visa?

The E-2 Visa is a nonimmigrant investor visa for foreign individuals from treaty countries seeking to operate a business in the United States. A treaty country refers to a foreign nation with any of the following.

  • Maintains a treaty of commerce and navigation with the United States.
  • Maintains an international qualifying agreement.
  • We designated a qualifying country by law.

The E-2 Visa is available to foreign nationals from treaty countries, including the United Kingdom, Australia, Japan, Argentina, and Ethiopia. Countries without a treaty with the US for the E2 Visa include India, China, Vietnam, Kenya, and Dubai.

What is the Period of Stay under E-2 Classification?

Qualified treaty investors will be allowed a maximum initial stay of two years. Requests for an extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 non-immigrant may be granted. All E-2 non-immigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

There is a different classification for the Commonwealth of the Northern Mariana Islands (CNMI Investors).

What are the Requirements for an E-2 Visa?

Here are the basic requirements for an E-2 Visa.

  • Be a citizen of a country that has signed a treaty with US.
  • Requires investor’s investment be typically over US $150K with minimum 50% ownership.
  • Move to USA to establish and manage the business.
  • Generate significant returns for investors and economy – employing US workers.
  • Funds must be “at risk”

 

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What are the Benefits of the E-2 Visa?

  • The E-2 Visa has these benefits for foreign investors and their dependents (spouses and minor children under 21).

    • Conduct business legally in the US. You can be employed by the same US business that you invested in. 
    • Travel freely in and out of the US. You can travel in and out of the US as long as your E2 Visa remains valid.
    • Obtain an E-2 Visa for your dependent spouse and children below 21 years of age. Your spouse can work in the US with an Employment Authorization Document (EAD). Your children can attain US education as a dependent on the E-2 Visa.
What is the Processing Timeline for E-2 Visa?

  • The processing time for an E-2 visa depends on the investor’s location. For an Investor present in the USA, the average time is 5 months. Premium processing time is 15 days for $2,500. For outside of the US, E2 visa processing time through a Consulate varies from 2 weeks to 4 months.

     

    USCIS resume premium processing for I-129 petition

How to Apply for an E-2 Visa?

The order and manner of the E2 Visa application vary depending on the U.S. embassy or consulate. Consult the guidelines posted on the website of the Embassy or Consulate to which you are applying. 

 

The E-2 Visa application involves 7 steps.

  1. Fill out the Online Nonimmigrant Visa Application (Form DS-160).
  2. Upload your photo when filling out Form DS-160.
  3. Pay the application fee and print out the receipt.
  4. Wait for an electronic confirmation after completing the online application.  Print the confirmation sheet, as you will need this along with the receipt for your interview at the consulate or U.S. embassy. The confirmation sheet has a barcode so immigration officials can easily find your application.
  5. Schedule an interview with the US embassy or consulate in your area.
  6. Complete the required documents for the E2 Visa application.
  7. Attend the visa interview in the designated US embassy or consulate.

You will be required in some instances to print and complete the Nonimmigrant Treaty Trader/Treaty Investor Application. This form enables you to describe your business plan and investment prior to your interview.

How Long is the Process of E-2 Visa?

The processing of an E-2 Visa depends on the applicant’s location. The average processing period for foreign investors present in the U.S. is 5 months. The average processing time for foreign investors outside the US can take between 2 weeks to 4 months. The optional premium processing speeds up the processing time to 15 calendar days.

 

Can I convert an E-2 Visa to Green Card?

 Yes, you can apply for a green card with an E-2 Visa by changing your status to an immigrant visa.

  1. EB-5 investor visa thru Direct or Regional Center Investment
  2. Green Card through your spouse’s Employer.
  3. EB1A immigrant visa for people with extraordinary abilities
  4. National interest waiver (under EB-2 visa for advanced degree professionals)
  5. E-2 Employee to green card through marriage.