How do I start the E-2 visa application process?
The fastest way to get started is to contact Interlink FBC for a free consultation after visiting our website.
Who can apply for the E-2 Investor Visa?
Nationals of treaty countries can apply for the E-2 Investor Visa, on top of that families of the principal investor can get an E-2 visa. Also employees of the investor can apply for the E-2 Investor Visa, if they meet specific requirements. Employees are also available to apply for an E-2 visa, even if the owner/s of the enterprise don’t have an E-2 visa. The government requires that at least 50% be owned by treaty nationals in order for employees to qualify.
What are the treaty countries?
Should I hire an Attorney for my E-2 Visa?
If you are going to take one answer very serious from this FAQ, let it be this one. YES, consult an attorney before you start making any changes or decisions. Every step of the process is crucial and if not done properly it can be detrimental for your family and yourself.
If a person is born in a non-E-2 treaty visa country, but is now a citizen of a treaty country. Can he apply for E-2 visa?
Yes absolutely, the person who is born in a non-E-2 treaty visa country, and a citizen of that country, then it means he should have a unique identification number based on his passport data.
What are benefits of the E-2 Investor Visa?
There are quite many benefits an applicant can have by getting the E-2 Investor Visa:
- Immigrating and working legally in the U.S. for his own company that is the subject to his own investment.
- Ability to bring in your spouse and dependents (unmarried children under the age of 21) to live with you in the U.S.
- Spouse may get a job with any employer with using the employment authorization document.
- Minor children can study and attend public schools based on the US tuition free programs.
- No travel restrictions in & out of the U.S.
- Unlimited extensions – as long as you maintain the E-2 Investor Visa valid.
- E-2 Investor Visa have faster processing than most visas.
How much time is the E-2 Investor Visa valid for?
E-2 Investor Visa issuance may vary from country to country and also from case to case, it can be anywhere from 3 months – 5 years. There are no limits of how many extensions you can make.
Can I operate my E-2 business from home?
Unfortunately – there’s no straight answer here. In order to qualify for the visa, the business has to be an active business, if your business can be fully operated from home, it is probably not an active business and you don’t really need the visa. This could cause a denial at the discretion of the consular officer. That’s why it’s recommended that you either own a commercial business premise or have a commercial lease for an actual business.
Do I need to be the 100% owner of the E-2 business?
You will be qualified as an E-2 investor as long as you own at least 50% of the enterprise. Additionally you will be the controlling and managing party of the enterprise. If you happen to own less than 50% of the business you would still be able to qualify, but in managerial of essential employee capacity.
Do I need to have business experience to qualify for E-2 visa?
It’s always helpful to have relevant business experience in that niche, generally speaking if you have a good outlined business plan and the perspective on how to run the sales, marketing, operations of the business you can get past the lack of experience.
Do I need to show the source of my funds for an E-2 visa investment? How much do I need to show?
Yes, this is a very strict process and you will need to be able to document every source from which the funds came, this is usually documented through bank statements, tax returns, wills, employment records and more.
I don't have sufficient funds, but my parents or other family members are willing to help me out. Can I still apply for an E-2 visa?
Yes, receiving gifts of funds from relatives are a legitimate source, main thing here is documenting the process and the source of your relative’s funds. The more transparency you offer the smoother the process will go.
What family members can apply with me for E-2 visas?
Your spouse and unmarried children under the age of 21 will be eligible.
Does my family need to apply for their derivative E-2 visas at the same time with me?
No, they will be able to apply even after you receive your approval, It’s always more efficient to apply together for a smoother process.
What happens to my minor children once they turn 21?
They will be unable to stay under your E-2 status, but will be able to change status on their own. E-2 children typically change status to F-1 in order to attend college.
Can I apply for green card with my own E-2 invested business?
The E-2 is not intended to be an immigrant visa, however it’s possible to adjust your status from your E-2. Ask your attorney how this process works since it is more complex than just an E-2 Visa.
What is the processing time for the E-2 Investor Visa?
This question depends on many variables and it’s always dependant on the workload of the U.S. Consulate and what treaty country you are applying from. For example the average in Mexico at the moment (starting from the date you attended your ASC appointment) would be around 6-8 weeks. This time lapse is also only an estimate at the moment and this could change overnight. Your immigration attorney will be able to provide a better timeline for the process.
Can spouse and children work in the country while I’m on E-2?
Bringing the spouse and dependents (under 21) to the country is completely legal while on the E2 visa. It’s also legal for your spouse to work in the USA once they have their EAD (Employment Authorization Document). Unfortunately the children do not qualify for this work permit on the E-2 status.
Can you study while on the E-2 Visa (as the investor)?
Yes, you are permitted to study on an E2 Visa as long as it doesn’t harm the primary interest of your visa, however there is the restriction that you can’t join full-length programs like on F1.
What are the differences between applying for an E-2 visa in the US, and applying at a US consulate?
Visas are only issued at U.S. Consulates or embassies. You can still apply for E-2 status while being in the U.S. The bad thing is that you are only issued a I-94 when applying from inside the U.S.. Let your Immigration attorney advice you what scenario best fits your needs and circumstance.
Knowledge and experience are required in order to invest and get it right in the US markets.