E2 Visa: Investor Visa in U.S.

What is an E2 visa?

An E2 visa, or investor visa, is a type of nonimmigrant visa available to individuals from countries with which the United States has a treaty of commerce and navigation. This visa allows the individual to enter the US to engage in a substantial trade or investment activity. To be eligible for an E2 visa, the individual must have a substantial amount of capital to invest in a US business or to engage in a significant trade activity. The individual must also be from a country that has a treaty of commerce and navigation with the US.

Who is eligible for an E2 visa?

To be eligible for an E2 visa, an individual must be a national of a country that has a treaty of commerce and navigation with the United States. In addition, the individual must be coming to the US to engage in a substantial trade or investment activity. The individual must also have a substantial amount of capital to invest in a US business or to engage in a significant trade activity. It’s important to note that the requirements for an investor visa can vary depending on the individual’s specific circumstances, so it’s always best to consult with an immigration attorney to determine if you are eligible for this type of visa.

How much money do you need for an E2 Visa?

The amount of money you need to invest in a US business to qualify for an E2 visa can vary depending on the type of business you are planning to invest in and the specific requirements of the visa. In general, however, the investment must be substantial and must be sufficient to ensure the successful operation of the business. The exact amount of money required for an investor visa can also vary depending on the country you are from and the specific terms of the treaty of commerce and navigation between that country and the United States. It’s always best to consult with an immigration attorney to determine the specific amount of money you need to invest in order to qualify for an E2 visa.

Can I use real estate for an E2 visa?

Yes, it is possible to use real estate as part of an E2 visa application. In general, an investor visa requires an individual to make a substantial investment in a US business. This investment can take many forms, including the purchase of real estate. However, the real estate must be used for the purpose of carrying out a substantial trade or investment activity. Simply purchasing real estate for personal use would not be sufficient to qualify for an E2 visa. It’s always best to consult with an immigration attorney to determine if your planned real estate investment would qualify for an E2 visa.

What documents are required for an E2 visa?

The specific documents required for an E2 visa can vary depending on the individual’s circumstances and the country they are from. However, some common documents that may be required include:

  1. A passport with at least six months validity remaining
  2. Evidence of the treaty of commerce and navigation between the individual’s country and the United States
  3. Evidence of the individual’s nationality
  4. Evidence of the individual’s intent to depart the United States upon the termination of their E2 status
  5. Evidence of the individual’s qualifications to engage in the trade or investment activity
  6. Evidence of the individual’s ownership or control of the enterprise
  7. Evidence of the investment or trade activity

It’s important to note that this is not a complete list of required documents, and the specific documents needed for an investor visa can vary depending on the individual’s circumstances. It’s always best to consult with an immigration attorney to determine the exact documents you need to apply for an E2 visa.

What is the process to obtain an E2 visa in U.S.?

  1. Determine eligibility: To be eligible for an E2 visa, the applicant must be a national of a country that has a treaty of commerce and navigation with the United States.
  2. Determine the type of business: The investor visa is available for individuals who plan to invest in a bona fide enterprise in the United States. This can be a new or existing business, but it must be a real, operating commercial enterprise and not a mere marginal enterprise designed to support the visa holder.
  3. Invest in the business: The applicant must make a significant investment in the business, which is typically defined as a minimum of $100,000. The investment must be a real and active investment, not a passive investment such as purchasing real estate or stocks.
  4. File the visa application: The applicant must file the appropriate visa application with the U.S. Embassy or Consulate in their home country. This typically involves completing the DS-160 online visa application form and submitting supporting documentation, such as proof of the investment and proof of the applicant’s nationality.
  5. Attend the visa interview: Once the application is received, the applicant will be scheduled for an interview at the U.S. Embassy or Consulate. The applicant will need to provide additional documentation and answer questions about the investment and the proposed business.
  6. Receive the visa: If the applicant is approved for the E2 visa, it will be issued and attached to their passport. The applicant can then enter the United States and begin their investment in the business.

What countries are currently eligible for an E2 visa?

To be eligible for an E2 visa, an individual must be a national of a country that has a treaty of commerce and navigation with the United States. The complete list of countries can be found here.

How long does it take to get an E2 visa?

The time it takes to obtain an E2 visa can vary depending on factors such as the applicant’s country of origin, the type of business they are investing in, and the amount of documentation required. In general, the process can take anywhere from a few weeks to several months. The applicant should plan for this process and allow enough time to complete it before their intended travel date to the United States.

Does an E2 visa lead to a green card?

An E2 visa is a nonimmigrant visa, which means that it is not a path to obtaining a green card (permanent residence) in the United States. However, it is possible for individuals with an investor visa to apply for a green card through other means, such as through a family member who is a US citizen or through employment in the United States. It’s always best to consult with an immigration attorney to determine the best path to obtaining a green card.

However, there are other ways to obtain a green ground through businesses.  We have written some helpful articles about these ways to get an employment-based green card on the following pages:

  1. EB 1 green card
  2. EB2 green card
  3. EB3 green card

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