OPEN OR PURCHASE A BUSINESS
An E2 investor visa applicant can purchase an existing business or set up a new company by placing money and assets into the name of the company. E2 investor visa applicants must be involved in a domestic trading or services businesses in the US.
INVESTMENT AMOUNT
An E2 investor visa applicant should be prepared to invest approximately US $75,000 or more, but there is no specific minimum amount of money required. The actual amount of money to be invested by the E2 investor visa applicant will depend on the nature of the business.
HOW TO INVEST
An E2 investor visa applicant must irrevocably invest the funds and usually it should be a documented bank transfer from the foreign treaty country. Further, the funds of the applicant should be at risk of loss meaning that a transfer of funds to a US bank alone will not suffice. Affirmative steps must be taken by the applicant such as securing a lease, purchase of the business premises, purchase of necessary equipment and purchase of inventory.
OWNERSHIP REQUIREMENTS
The E2 investor visa applicant must control the company through at least 50% ownership or a managerial position. The business must generate enough income to support the E2 investor visa applicant and their family in the US. However, the business must also employ or create jobs for US citizens or green card holder. There is no specific amount of jobs required to be created for US citizens or green card holders. Practically, there should be at least two to three jobs created to US citizens or green card holders.
FOREIGN WORKERS
E2 investors can bring over foreign workers of the same nationality as them. Generally, an E2 investor is allowed to bring over two foreign workers per business location. Foreign workers can obtain E2 employee visas, but they must be an executive of the company with substantial work experience or possess a four year bachelor degree from a university.
FAMILY MEMBERS
The E2 investor may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members will be granted the same period of stay as the E2 investor. Spouses of E2 investors may apply for work authorization and there is no specific restriction as to where the E2 spouse may work. Thus, the spouse of the E2 investor does not have to work for the E2 business and can apply for work with any US employer.
CHILDREN STUDYING
Children of E2 investors can live and study in the US for free at public schools. Children of E2 investors studying in the US must be under 21 years old. Children of E2 investors over 21 years old should be enrolled in full time classes and apply for a F1 student visa since they are not eligible for E2 child visas.
MAINTAINING OPERATIONS
The E2 investor must maintain the business operations in order to renew their E2 investor visa in the future. This means the E2 business must generate income, file tax returns, maintain accounting records, maintain business licenses, maintain employee records and other documentation depending on the nature of the business.
RENEWING E2 VISAS OR STATUS
Generally, the E2 investors visas or status must be renewed every two to five years depending on the citizenship of the E2 investor. This can be done at either from within the US or outside the US at a US Embassy. E2 investor status is extended from within the US at a USCIS office. E2 investor visas are renewed at US Embassy. If an E2 investor does not want to leave the US, then they should apply to extend their status through USCIS. If an E2 investor wants to return to their home country, then they should apply to renew their E2 investor visa through the US Embassy.
HOW TO APPLY
If applying from within the US with USCIS, then a "I-129 Form" is required to be printed, signed & dated then the original mailed to USCIS. Supporting documents must be printed on paper and mailed to USCIS. The supporting documents should correspond to a cover letter that explains in detail about the E2 investor's business and why they qualify to be granted E2 investor status in the US. USCIS fees are more expensive than US Embassy fees and can be paid by either check or through a credit card form.
If applying from outside the US at a US Embassy, then a "DS-160 Form" is required to be submitted online. There is also another form required called a "DS-156E" that you have to download, print, sign & date. The procedures for submitting supporting documents are different for each US Embassy depending on where the E2 investor is applying. Some Embassies require you to email the supporting documents. Others require to upload them to a website or mail them in. The specific instructions for each country should be checked on the US Embassy websites including how to pay the US Embassy fees. The supporting documents should correspond to a cover letter that explains in detail about the E2 investor's business and why they qualify for an E2 investor visa.
SUPPORTING DOCUMENTS
The hardest part of preparing an E2 investor application is preparing the supporting documents. The US Embassies and USCIS require different types of documents to support an application depending on where the E2 investor is applying.
The following is a general list of the types of supporting documents required by the US Embassy or USCIS:
ELIGIBLE COUNTRIES
Citizens of the following countries can apply for E2 investor visas:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo, Kyrgyz Republic, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of the Congo, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom.
E2 INVESTOR CONSULTING SERVICE
US Visa Group provides E2 investor visa consulting service for residents of Asia, Europe, Africa and the Middle East. We have over a decade of experience assisting with E2 investor visa applications for clients all over the world.
Many of our E2 investor visa clients are family owned restaurants. However, we have helped many other types of businesses apply for E2 investor visas including manufacturing, IT, engineering, real estate and massage.
