E-2 Visa Immigration Attorney

E-2 Visa Lawyer

An E-2 visa nonimmigrant classification permits investors and certain employees from treaty countries to enter the U.S., provided they provide significant capital investment for a U.S. business.

E-2 visa applications are complicated and subject to stringent rules established by the U.S. State Department and the U.S. Citizenship and Immigration Services (USCIS). An E-2 visa lawyer associated with Fresh Start Immigration Law can help you understand E-2 visa filing requirements and apply on your behalf. Contact our law group today to learn more.

What is an E-2 Visa?

An E-2 visa, also called a Treaty Investor visa, is a nonimmigrant classification for individuals from countries with a treaty of commerce and navigation with the U.S. The person seeking E-2 classification must be investing significant capital in a business enterprise in the U.S. Countries with appropriate treaty status are outlined on the Department of State website.

Investors seeking E-2 visa classification in the Commonwealth of the Northern Mariana Islands are subject to different immigration requirements as the CNMI permit system changes to meet U.S. immigration laws.

Eligibility Requirements for an E-2 Visa

The eligibility requirements for an E-2 visa are as follows:

• You are a national of a country with a treaty of commerce and navigation with the U.S.
• You have invested or are actively investing substantial capital in a legitimate enterprise in the U.S.
  • Generally, the lower the overall cost of the enterprise, the greater the proportional investment must be.
• You wish to enter the U.S. solely to develop and direct the business.

To be an eligible treaty investor, you must show that you have at least 50% ownership in the investment company, or you must in an operational control position as a manager or other corporate officer.

A substantial amount of capital is defined as an amount that substantially relates to the total cost of the investment enterprise. The amount must be enough to ensure your financial commitment to the operation’s success and the likelihood that you will successfully direct and develop the company.

Employees of a treaty investor may also seek E-2 visa classification if they:

• Are the same nationality as the principal employer and treaty investor.
• Meet relevant legal definitions for an employee.
• Engage in executive, supervisory, or specialized duties for the investment enterprise.

Understanding the E-2 Visa Application Process

The application process for an E-2 visa may vary depending on your country. Contact your local U.S. embassy or consulate to learn about the process in your country. The E-2 visa immigration lawyers associated with Fresh Start Immigration Law can also explain the process.

No matter where you apply, you will still need to:

• Complete the online application for a nonimmigrant visa (Form DS-160).
• Attend an interview with a consular officer.

An E-2 visa attorney can help you prepare for the interview. If your application is denied, our associated lawyers can learn the reason for the denial and determine whether you can appeal the decision.

What to Expect When Filing for an E-2 Visa

When filing an E-2 visa application, you will be asked to provide documentation establishing your country of residence and your investment interest. Your country’s U.S. embassy or consulate will advise of the specific documents you should submit with your application and bring to your interview. They may include:

• Current passport, valid for at least six months beyond your planned stay in the U.S
• Confirmation of submission of Form DS-160
• Receipt for your non-refundable application fee payment
• Completed DS-156E form for principal applicant
• Notice of Appearance for your attorney or legal representative (G-28)
• Applicant information, including birth certificates, resume, curriculum vitae, and a job description from the company
• Demonstration of ownership of the investment company, such as Articles of Incorporation or Organization, share certificates, organizational charts, legal proof of ownership, or shareholder statements
• Documentation describing how the applicant meets investment and enterprise requirements for the E-2 visa status, such as investment receipts, financial statements, purchase agreements
• Relevant licenses and bank statements for a real and operating enterprise
• Tax returns, W-2s, profit and loss statements, business plan, or a breakdown of expected start-up costs

Once you submit the relevant documentation, you will receive a notice confirming receipt of your application. Depending on your business details, the consulate may ask for additional documentation before proceeding with your application. If accepted, you will receive notification to schedule your consulate interview. Upon approval, you should receive the E-2 visa by mail.

The Fresh Start Immigration Law’s associated E-2 visa immigration lawyers are familiar with the application process and help you gather the relevant information and ensure that your application is submitted properly.

E-2 Visa Frequently Asked Questions

Our law group often receives questions from clients about the Treaty Investor visa. While an E-2 visa attorney can answer your specific questions, you can review some of the most common questions below.

Can an E-2 Visa Holder Work for Another Company?

An E-2 visa holder cannot work for another company unrelated to their investment company without specific approval from the U.S. government.

Can an E-2 Visa Holder Apply for a Green Card?

An E-2 visa is a nonimmigrant visa, but an E-2 visa holder may be able to apply for an immigrant visa in their country’s U.S. consulate or request a status adjustment within the U.S. A lawyer can review your situation to see if this option is available to you.

Are E-2 Visa Holders Classified as Immigrants or Nonimmigrants?

An E-2 visa grants holders a nonimmigrant status. This just means that the visa is temporary, rather than a more permanent status granted by an immigrant visa.

How Long Does an E-2 Visa Last?

E-2 visas allow two years for the initial stay but extensions of up to two years may be granted indefinitely as long as the eligibility conditions are met.

How Long Does an E-2 Visa Take to Process?

Processing times for an E-2 visa vary by consulate location, but they can take weeks or months to process and schedule in interview.

What is the Difference Between an E-2 and E-1 Visa?

An E-2 visa applies to foreign nationals from treaty countries who are investing a substantial amount of capital in a U.S. company, while an E-1 visa is for foreign nationals who wish to remain in the U.S. while engaging in international trade.

Our E-2 Visa Immigration Attorneys Can Assist With Your Application

Applying for an E-2 visa requires specific forms, documents, and formatting, as well as a compelling in-person interview. An E-2 visa lawyer associated with Fresh Start Immigration Law can advise you of the E-2 visa requirements and guide you through the application process. If your application is denied, they can help you determine the best appeal options.

Contact Fresh Start Immigration Law today to learn more.