The E-2 Non-immigrant Visa allows an investor with nationality of a treaty country, which maintains treaties of commerce and navigation with the United States, to indefinitely stay in the United States to direct and develop the business in which he makes substantial investment. Qualifying employees who hold the same nationality as the principal investors and serve either a managerial/executive/supervisory position or an essential role requires specialized and unique expertise for the business are eligible for the E-2 Visa. The E-2 holders’ spouse and children under 21 may be admitted to the United States for companion and under certain condition, spouse may further apply for work authorization. Subject to less strict requirements which EB-5 imposes and more efficient processing time, E-2 Visa may be a better path for investor immigrants to start their business in the United States.
E2 Visa comes under the category of nonimmigrant visa which is temporary in nature, as the name suggests, nonimmigrant. These visas do not require individuals to involve in any kind of immigration process. It makes investors, entrepreneurs, and employees to live and work freely in the U.S. E2 category visas are incorporated to enhance trade and commerce between the US and treaty countries. With E2 visa, the applicant can either start a new U.S enterprise or invest in the existing one and work for that one. This option of E2 visa, is available to those individuals who belong to the treaty countries and wish to live and work in the U.S.
By fulfilling all the necessary requirements, foreign investors can enter and work inside the US with a substantial amount of investment operating in a Bona Fide enterprise. E2 Visa applicants must follow the develop and direct approach which promotes the growth of the business and aims at a future goal to be achieved. Investment and ownership go hand in hand in E2 Visa, the treaty investor can control the enterprise by owning at least 50% ownership. This control requires the investor to have a managerial position which becomes an important factor in possessing essential skills. E2 visa gives the freedom to invest and trade in any form of business. Also, with E2 visa comes the feature of renewal, where the applicant is allowed to renew his/her E2 visa and can continue to live and work in the U.S. There is no such limit to the no.of times the E2 visa can be renewed.
Therefore,E2 becomes the most useful and popular option among other nonimmigrant visas because of its numerous advantages which are probably not available with other nonimmigrant visa.
To know more about the basic requirements of E2 and how can you apply for the same, continue reading this article.
The E category is broadly divided into 3 sub categories mentioned below:
The E1 category includes treaty traders/applicants who are entering the US to engage in substantial trade qualifying the requirements. A treaty trader must be a citizen of the country from which he/she is applying.
The second category, E2 includes treaty investors/applicants who are entering the US in order to develop and direct the operations of a business in which he/she has a substantial amount of investment. A treaty investor must possess the citizenship of a treaty country in order to qualify for E2 visa.
An applicant can start with any type of business which qualifies to be legitimate and lawful and where the intent is ultimately to hire US workers.
List of options available:
*(The above mentioned examples are based upon the internet sources.)
If the applicant is planning to purchase an established business, it is easy to show the investment as irrevocably committed. Therefore, it is advisable to go for a business that has been going on for at least 5 years and has good financial records.
If the applicant is planning to start a new business, it becomes much more difficult to show the investment as irrevocably committed.