E-2 Visa Overview

The E-2 visa, also known as the Treaty Investor Visa, is a nonimmigrant visa that allows nationals of certain treaty countries to live and work in the United States by investing a substantial amount of capital in a U.S. business.

Key Features:

• Available only to citizens of countries that maintain a treaty of commerce and navigation with the United States.
• Applicants must either:
  • Invest a significant amount of money in a new or existing U.S. business (E-2 investor), or
  • Come as an executive, manager, or essential employee of a company owned by someone from their treaty country (E-2 employee).
• The investment must be "substantial" and sufficient to ensure the successful operation of the business. There is no fixed minimum, but the amount varies depending on the type of business.
• The investor must have at least 50% ownership or operational control of the business.
• The business must be active and for-profit; passive investments (such as owning real estate for personal use) do not qualify.
• The E-2 visa can be renewed indefinitely in two-year increments as long as the business continues to operate and meet E-2 requirements.
• Spouses and unmarried children under 21 can accompany the E-2 visa holder. Spouses can apply for work authorization, and children can attend school in the U.S.

Duration and Renewal:

• Initial stay is up to two years, with unlimited two-year extensions possible as long as the business remains viable.
• Visa validity (the period you can use the visa to enter the U.S.) varies by country, typically three months to five years.

Notable Points:

• There is no direct path from the E-2 visa to a green card (permanent residency), but some E-2 visa holders may later qualify for other immigration options.
• The E-2 visa is often used by entrepreneurs, franchise buyers, and business owners seeking to operate in the U.S.

In summary, the E-2 visa is designed to promote investment and business activity in the U.S. by nationals of treaty countries, offering flexibility and the possibility for long-term stay as long as the qualifying business remains active and compliant.

How to Apply for an E-2 Visa: Steps and Requirements

Eligibility Requirements

• You must be a national of a country that has an E-2 treaty with the United States.
• You must invest a "substantial" amount of capital in a bona fide U.S. business. While there is no official minimum, investments of $100,000 or more are common, but lower amounts (as low as $50,000) can sometimes qualify depending on the business.
• The business must be active and for-profit—not a passive investment like real estate or stocks.
• The business cannot be a marginal enterprise; it must have the capacity to generate more than a minimal living for you and your family or make a significant economic contribution (such as creating U.S. jobs).
• You must own at least 50% of the business or have operational control.
• You must be coming to the U.S. to develop and direct the business, or as a key employee with executive, supervisory, or essential skills.

Application Steps

1. Prepare Your Business and Investment

• Set up your U.S. company (register the business, get articles of incorporation/organization).
• Transfer your investment funds into the U.S. business account and spend or commit the funds ("at risk") for business expenses.
• Prepare a comprehensive business plan outlining your business model, financial projections, and hiring plans for the next five years.

2. Gather Required Documentation

Typical documents include:

• Proof of nationality (passport)
• Articles of incorporation/organization for the U.S. company
• Proof of investment (bank statements, wire receipts, purchase orders, business expenses)
• Business license(s) if required
• Lease agreement for business premises
• Business plan
• Resume and educational credentials
• Dependent documents (for spouses and children)

3. Choose Your Application Path
4. If Applying from Outside the U.S. (Consular Processing):

• Complete Form DS-160 (Online Nonimmigrant Visa Application) and Form DS-156E (for investors or employees).
• Pay the visa application fee and gather confirmation receipts.
• Submit all supporting documents to the U.S. Embassy or Consulate in your home country.
• Schedule and attend a visa interview, where you will discuss your investment, business plan, and intentions.
• If approved, you will receive an E-2 visa stamp in your passport, valid for up to five years depending on your country.

1. If Applying from Within the U.S. (Change of Status):

• File Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.
• Submit all supporting documentation with your petition.
• Consider premium processing for faster adjudication (30 days).
• If approved, your status changes to E-2, but you do not receive a visa stamp. If you leave the U.S., you must apply for a visa at a consulate to re-enter.

Additional Notes

• Processing times vary: 2 weeks to several months at consulates, or about 3.8 months with USCIS (faster with premium processing).
• Spouses and unmarried children under 21 can apply as dependents and may live, study, and (for spouses) work in the U.S.
• There is no direct path from E-2 to a green card, and E-2 does not allow "dual intent".

Summary Table: E-2 Application Steps

Carefully preparing your investment, documentation, and business plan is crucial for a successful E-2 application.

Consular Processing and Adjustment of Status for E-2 Applications

Consular Processing and Adjustment of Status are two different methods for obtaining E-2 status, but they have distinct procedures, eligibility requirements, and implications:

Consular Processing

• Where: The applicant applies for an E-2 visa at a U.S. embassy or consulate outside the United States.
• Process: After approval, the applicant receives an E-2 visa stamp in their passport, which allows them to enter the U.S. in E-2 status.
• Visa Issuance: Grants an actual visa, which can be used for multiple entries into the U.S.
• Who Should Use: Individuals outside the U.S., or those who want the flexibility of leaving and re-entering the U.S. without losing status.
• Key Point: Consular processing is the only way to obtain an E-2 visa stamp; a status change within the U.S. does not provide a visa for re-entry.

Adjustment of Status (Change of Status)

• Where: The applicant is already in the U.S. under a different valid nonimmigrant status and applies to change to E-2 status through USCIS.
• Process: The applicant submits a petition to USCIS. If approved, the applicant is granted E-2 status but does not receive a visa stamp.
• Travel Limitation: If the applicant leaves the U.S., they must apply for an E-2 visa at a consulate abroad before returning, as the status granted by USCIS is only valid while inside the U.S.
• Who Should Use: Those already in the U.S. who do not plan to travel internationally soon and want to avoid leaving the country for visa processing.

Summary Table

Key Takeaways

• Consular processing is required to obtain an E-2 visa stamp for international travel and is the only option for those outside the U.S.
• Adjustment of status is available only to those already lawfully in the U.S., but it does not provide a visa for re-entry if the applicant leaves the country.
• If you change status in the U.S. and later wish to travel, you must obtain an E-2 visa at a consulate abroad before returning.

These differences are crucial for planning your application route and future travel.

What Is a Business Plan for an E-2 Visa Application?

An E-2 visa business plan is a detailed document submitted as part of your E-2 Treaty Investor visa application. Its primary purpose is to convince U.S. immigration authorities that your investment and business meet all E-2 visa requirements and that the business is viable, non-marginal, and capable of generating economic benefits in the U.S.

Key Purposes

• Demonstrate that your business is real, operating, and not marginal.
• Show your investment is substantial, at risk, and sufficient to make the business operational.
• Prove your role is to develop and direct the enterprise.
• Provide evidence of job creation and economic benefit to the U.S.

Essential Contents of an E-2 Visa Business Plan

While there is no fixed format, a strong E-2 business plan typically includes:

1. Executive Summary

• Brief introduction to the company, its mission, and your E-2 visa objectives.

2. Company Description

• Details about whether the business is new or existing.
• Overview of products/services and business activities.
• Explanation of why the business is bona fide and legitimate.

3. Investment Description

• Amount invested and how funds are/will be used.
• Proof that the funds are “at risk” and from a lawful source.
• Explanation of why the investment is substantial for the business type and market.

4. Market and Industry Analysis

• Target market and industry overview.
• Analysis of competitors, business conditions, and market strategies.

5. Marketing and Sales Strategy

• How you plan to attract customers and grow the business.

6. Hiring Plan and Personnel Strategy

• Details on job creation: positions, timeline, and number of U.S. workers to be hired (typically over a five-year period).
• Explanation of how the business will not be marginal (i.e., will create jobs beyond just supporting the investor and their family).

7. Financial Projections

• Revenue forecasts, profit and loss statements, cash flow analysis, and balance sheets for at least five years.
• Explanation of assumptions behind the projections.

8. Operational Strategy

• Day-to-day management, organizational structure, and your qualifications to direct and develop the business.

9. Evidence of Control and Source of Funds

• Documentation showing you own at least 50% of the business and controlling the investment.
• Clear paper trail for the investment funds.

10. Applicant Background

• Your professional experience, skills, and qualifications relevant to the business.

Why Is the Business Plan So Important?

• It is a critical part of the E-2 application and is closely scrutinized by immigration officers.
• A weak or incomplete plan can lead to delays or denial of your visa.
• The plan should be thorough, realistic, and tailored to your business and the E-2 requirements—not just a generic template.

Tips

• Be specific, use clear data, and support claims with evidence.
• Show a clear path to profitability and job creation.
• Ensure the plan is well-organized and professionally presented.
• Consider professional help to ensure all immigration requirements are met.

A well-prepared E-2 business plan is essential to demonstrate your business’s viability, your investment’s legitimacy, and your commitment to contributing to the U.S. economy.