E-2 Visa Insights

E-2 Visa Overview

The E-2 Visa is a non-immigrant visa that allows nationals of treaty countries to invest in and manage a business in the United States. It is suitable for entrepreneurs, investors, or individuals managing a significant investment in a U.S. business.

Who Can Apply?

1. Treaty Country Citizens:

   • Only citizens of countries with a valid commerce and navigation treaty with the United States are eligible.

   • Check the U.S. Treaty Countries List.

2. Investors:

   • Must be actively involved in the management or operations of the business.

   • Passive investments (e.g., real estate rental properties) do not qualify.

3. Businesses:

   • The enterprise must be bona fide, meaning real, operating, and generating goods or services.

Cost of Visa Application

1. Application Fees:

   • Consular Filing Fee: $205 (Form DS-160).

   • Additional Costs: Legal fees or business plan drafting may vary.

2. Premium Processing (Optional):

   • If USCIS filing is needed, premium processing costs $2,500 for expedited review.

Investment Requirement Dollar Amount

1. Substantial Investment:

   • No fixed dollar amount, but it must be sufficient to ensure the enterprise's success.

   • Typical investments range from $100,000 to $500,000, depending on the business type.

2. Proportionality Rule:

   • The investment amount should be proportional to the total business cost.

   • For smaller businesses, a higher percentage of investment is expected.

Can an Applicant Invest in a New Business?

Yes, the applicant can invest in:

1. New Businesses:

   • Startups are eligible if the investment funds are at risk and intended for operational activities.

2. Existing Businesses:

   • Investment in an established business is also acceptable.

Can the Spouse Work and Children Attend School?

1. Spouse:

   • Eligible for work authorization by applying for an Employment Authorization Document (EAD).

2. Children:

   • Unmarried children under 21 can attend school but are not authorized to work.

Limitations in Stay

1. Non-Immigrant Status:

   • The E-2 visa does not provide a direct path to permanent residency.

   • Requires maintaining the intention to return to the home country.

2. Business Continuity:

   • The visa holder must remain actively involved in the business.

Visa Length

1. Initial Period:

   • Typically granted for up to two years.

2. Maximum Period:

   • Treaty-specific. Some countries offer validity for up to five years, but each stay is limited to two years.

Renewal Process

1. Unlimited Renewals:

   • E-2 visas can be renewed indefinitely in two-year increments, provided the business remains operational and requirements are met.

2. Process:

   • File an extension with USCIS (Form I-129) or reapply at a U.S. consulate/embassy abroad.

   • Provide updated business documents, proof of active investment, and tax filings.

Summary of E-2 Visa Benefits

• No fixed investment minimum, allowing flexibility.

• Family members enjoy accompanying benefits.

• No limit on the number of renewals.

Would you like more guidance on any specific aspect, such as preparing a business plan or application steps?

E-2 Visa Insights

Application Fee/ cost details

The application fee for an E-2 visa is $315 per applicant:

• Form DS-160

  There is no fee to file the DS-160 itself, but there is a processing fee for the type of visa you're applying for.

• Reciprocity fee

  This fee is charged to citizens of countries that charge high fees for US visas. The reciprocity fee can range from $0 to over $3,000.

• Premium processing

  For an expedited review within 15 business days, you can pay an additional $2,805.

Other costs associated with an E-2 visa application include:

• Administrative charges

  These include costs for setting up a business bank account, business entity formation costs, and other administrative expenses.

• USCIS filing fees

  The fee for processing Form I-129 to change status to E-2 is $460.

• Visa issuance fee

  This fee is paid at the U.S. embassy or consulate in the visa applicant's home country, and varies by treaty country.

• Attorney's fees

  These can range from $5,000 (Separate for making a business plan, if needed) for the immigration petition to $500 for family's application.

• Business plan

  You will need to submit an E2 compliant business plan created by a company that specializes in immigration business plans.

• Investment

  You are required to make a “substantial” investment in a company, generally at least $100,000.