E-2 Visa

• Employment Permit: E-2 visa holders are authorized to work legally within the U.S. for the specific company that is the investment vehicle. This authorization is strictly tied to the E-2 enterprise, and any significant changes in employment or the business’s structure could necessitate a reevaluation of visa status.
• Residence Permit: E-2 visa holders can legally reside in the U.S. for the duration of their visa validity, which can be extended indefinitely as long as the business remains viable and continues to meet the requirements of the E-2 program.

The E-2 visa validity and the E-2 status are two distinct considerations that applicants must understand. The visa is the physical stamp or document placed in the passport, which allows entry into the United States. Conversely, the status is the legal authorization to reside and engage in business activities in the U.S. once entry is granted. It’s crucial for E-2 visa holders to be aware of the differences to ensure they remain in compliance with U.S. immigration laws.

• Validity Period of E-2 Visa: The E-2 visa’s validity is based on reciprocity and can last up to five years, allowing for multiple entries into the United States until the visa’s expiration.
• Validity Period of E-2 Status: Upon entry to the U.S., E-2 status is typically granted for an initial period of up to two years. The status can be extended indefinitely in increments of up to two years as long as the E-2 enterprise continues to meet all applicable requirements.

Family members of E-2 visa holders have specific rights and privileges:

• Children: Unmarried children who are 21 years old or younger can accompany the E-2 visa holder to the U.S. on E-2 dependent visas, attend school, and in some cases, work with proper authorization.
• Spouses: Spouses of E-2 visa holders are eligible for E-2 dependent visas and have the right to work in the U.S. after obtaining Employment Authorization Documents (EADs).

The E-2 visa is not classified as a dual intent visa, which means that applicants must demonstrate an intent to return to their home country upon the termination of their business in the U.S. or the expiration of their visa. However, it is possible for an E-2 visa holder to adjust their status to another visa category that may lead to lawful permanent residence, such as the EB-5 Investor Visa or employment-based immigrant visas, without negatively affecting their E-2 status.

To qualify for an E-2 visa, certain requirements must be met by the investor and the enterprise in which they are investing:

• Investment: The investment must be substantial, at risk, and invested in a real, active commercial or entrepreneurial undertaking. The investment must generate a return that is more than just enough to provide a living for the investor and their family.
• Employment Creation: The enterprise should have the present or future capacity to generate more than enough income to provide a minimal living or to make a significant economic contribution, which often includes the creation of jobs for U.S. workers.
• Post-approval Requirements: After the E-2 visa has been granted, the investor must ensure that the business is operational, meets the terms of the investment, and continues to comply with all legal requirements for businesses in the United States.

• Evaluation of Your Case: Evaluating your case is the first step in the E-2 visa application process. This involves assessing your qualifications, investment amount, and the nature of the business you plan to develop and direct in the United States. It’s essential to determine if you meet the basic eligibility requirements and to identify any potential challenges early on.
• Establishing Your Eligibility: Establishing your eligibility for the E-2 visa is a crucial step in the application process. This involves proving that you are a national of a treaty country, demonstrating a substantial investment in a U.S. business, and showing that you have the intent to develop and direct the enterprise. Proper documentation and evidence are essential to support your eligibility, and consulting with immigration professionals can help ensure that all requirements are met.

To ensure a smooth E-2 visa application process, the following documents are typically required:

• Detailed evidence of the substantial capital investment.
• Proof of the investment’s at-risk status and commitment to the U.S. enterprise.
• A comprehensive business plan that includes financial projections and job creation estimates.
• Financial records demonstrating the source, path, and infusion of investment funds into the U.S. business.
• Personal identification and proof of nationality for the principal investor and any E-2 employees.
• Documentation confirming the enterprise’s active and ongoing operations.
• Organizational charts and staffing plans illustrating the company’s structure and roles.

Applicants already in the U.S. on a different non-immigrant visa may apply to adjust their status to that of an E-2 visa holder through the U.S. Citizenship and Immigration Services (USCIS).

Applicants outside the U.S. must go through consular processing, which includes submitting an online application, paying the necessary fees, and attending an interview at a U.S. Embassy or Consulate.