E-2 Visa

Gaining Residency Rights in the USA through Business Investment: The E2 Investor Visa

The E2 Investor Visa is a type of visa offered by the United States to foreign investors. This visa targets entrepreneurs who commit to investing a significant amount of capital in a U.S. business and plan to actively manage the enterprise. The E2 visa allows the investor to engage in economic activities in the U.S. and manage the daily operations of their business.

Requirements for the E2 Visa:

- Minimum Investment Amount: There is no specified minimum investment amount for the E2 visa; however, an investment of at least $250,000 is generally considered necessary. The investment must be substantial and meaningful for the success of the business.

- Active Investment: The investment must be in an active business; passive investments (e.g., land, stocks) are not accepted.

- Real and Operational Business: The business where the investment is made must be a real and operational entity, conducting a profit-oriented activity.

Areas for Investment

The areas in which investment can be made for the E2 visa are broad and may vary depending on the entrepreneur's interests, expertise level, and business plan. The investment should contribute to the American economy and have positive effects on the job market.

Accepted Types of Investment:

- Service Sector: Restaurants, consulting firms, IT services.

- Manufacturing: Small-scale manufacturing facilities.

- Retail: Stores, e-commerce sites.

Visa Process and Extension Conditions

- Indefinite Extension: The E2 visa can be extended indefinitely as long as the business activity continues, with renewals available every two years.

Family Members and Employees

Family Members: The spouse and children under 21 of an E2 visa holder also gain the right to live in the U.S., including the right for the spouse to obtain work authorization.

Family Members:

- Spouse: The spouse of an E2 visa holder can obtain work authorization and has the right to work anywhere in the U.S.

- Children: Children under the age of 21 can continue their education in the U.S. However, they must apply for their visa categories upon reaching 21.

Employees:

- The investor can bring essential managers, non-managerial, or specially skilled employees to the U.S.

- These employees must be of the same nationality as the main investor and essential for the operation of the business.

Differences Between E1 and E2 Visas

Purpose and Nature

- E1 Visa (Trader Visa): Aimed at citizens of countries with significant trade relationships with the U.S., primarily for conducting substantial trade activities. "Trade" may include goods, services, banking, insurance, transportation, tourism, and in some cases, technology and information transfer. The majority of the trade must be between the U.S. and the visa holder's home country.

- E2 Visa (Investor Visa): For foreign nationals committing a certain amount of investment in the U.S. and actively managing this investment. The investment must be significant, real, and aimed at the success of the business.

Investment and Trade Volume

- E1 Visa: Requires continuous and sufficient volume of trade, with substantial evidence of trade primarily with the U.S.

- E2 Visa: No specified amount for investment, but it must be substantial enough to ensure the business's success. The investment must be at risk and active.

Eligibility and Agreements

- E1 Visa: The applicant's country must have a mutual trade agreement with the U.S.

- E2 Visa: The applicant's country must have a mutual investment treaty with the U.S. These agreements are critical for eligibility, allowing only citizens of certain countries to apply.

Investor Visa Rights by Country

- Treaty Countries: Eligibility for E1 and E2 visas depends on trade and investment treaties between the U.S. and specific countries. These treaties aim to strengthen economic relations.

- Different Rights: Some countries may only qualify for E1, while others may qualify for both E1 and E2. Eligibility depends on existing agreements with the U.S.

- List and Updates: The list of countries eligible for E1 and E2 visas is published and regularly updated by the U.S. Department of State.

Transitioning from E2 Visa to Green Card

The E2 visa does not automatically convert to a Green Card as it is not a immigrant visa category. However, E2 visa holders can apply for immigrant visa categories under certain conditions.

Green Card Application:

- EB-5 Investor Visa: E2 visa holders can apply for a Green Card through the EB-5 immigrant investor program, requiring a higher investment and meeting specific job creation criteria.

- Other Paths: Other immigrant visa categories, such as family ties or job sponsorship, can also be considered for a Green Card.

Country Agreements and Effects

The E2 visa is available only to citizens of countries with which the United States has trade agreements. These agreements enhance trade relations and facilitate investment in both countries.

- Treaty Countries: Eligibility to apply for an E2 visa is limited to citizens of countries with which the

 U.S. has a trade treaty. The list of these countries can change and expand over time. You can find the list of treaty countries here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

Effect: Citizens of treaty countries can benefit from this visa category by investing in the U.S. economy, providing mutual benefits for both the investor and the U.S. economy.

Information on Businesses Looking for Partners

Pricing

Option A

Total Fee $35,000

Initial Payment $15,000 at contract signing

Second Payment $20,000 before preparation of documents and commencement of legal proceedings (approximately 1 week after the first payment)

Services included in Option A fee:

- USCIS application fees

- Translation of documents

- Authority Document Evaluation

- USCIS Premium Processing Fee

- Business Plan Services

- Legal Fees

Option B

Total Fee $20,000 (paid at contract signing)

Services included in Option B fee:

- USCIS application fees (Except USCIS Premium Processing Fee)

- Legal Fees