Investors
The E-2 Investor Visa is available to citizens of certain treaty countries (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html). Investors must provide evidence they have invested a “substantial” sum into a new or existing U.S. company. There is no minimum investment required: the amount of the investment necessary depends on the industry and location of company. However, the investment should provide the company with enough money to begin operations. The investment money must also be at risk, meaning the money is subject to total loss if the company fails. All E-2 enterprises must employ other U.S. workers outside the investor and their immediate family members. The E-2 is available for Managers/Executives and Essential Employees. Spouses of E-2 visa holders may also apply for an open work permit called an EAD card.
General Requirements:
- The U.S. company must be at least 51% owned and controlled by citizens of the treaty country
- Substantial investment into the U.S. enterprise
- Detailed business plan
- Physical office space in the U.S. that can accommodate current/projected U.S. staff
Sample Cases:
- Retail clothing company, 50 employees; Investment: $50,000
- Retail store, 2 employees; Investment: $160,000
- Security company, over 500 employees; Investment: > $1 Million
Filing Process:
E-2 Visas must be obtained at U.S. Consulate. Each Consulate has specific procedures and requirements for E-2 Visa Applications. If the individual is already in the U.S. in valid status, a Change of Status application may also be submitted to USCIS.
Validity:
The validity of the E-2 Visa Stamp varies depending on the country of citizenship. However, in all cases, I-94s should be issued in 2 year increments. Currently, there are no limits on the number of E-2 extensions an individual may obtain.
