E2 Visa: Eligibility, Application, Requirements, Processing Time & FAQs

The E2 visa is a Treaty Trader and Investor Visa issued by the US. It is a non-immigrant visa category in the United States that is awarded to individual investors or investment companies from countries that have a treaty with the United States. The investment might be in any industry or business, such as tourism, IT, marketing, and so on.

What are the Eligibility Criteria for the E2 visa?

To be eligible for an E2 visa, there are several criteria that you must meet, such as:

• If you are an individual investor, you must be the national of a country that has an investment treaty with the US.
• If the applicant is a company, it must be owned at least 50% by a treaty investment country.
• If a company is sending an employee with an E2 visa, the employee must be a national of a treaty investment country, as well as be in a supervisory, managerial, executive, or specialized knowledge position (essential employee).
• The investor (individual or company) must have the intent to invest a substantial amount of capital in an existing or new bona fide business. A bona fide company is a real company that produces products or services and is profitable.
• The investor (individual or company) must ensure that the business generates more profit than to just make a living. New businesses are exempt from the requirement of marginal profit, but should meet this requirement within five years.
• The investor (individual or company) must have the goal to develop the business further through that investment.
• The investor (individual or company) must place the funds in a bank account or an agent until their visa is approved.
• The investor must have the intention of returning to their home country once their work is completed.

You can apply for the E2 visa if you meet these requirements. The visa will not be automatically approved. It must be applied for, and immigration officers at the port of entry will determine your entrance into the US.

If you apply for the E2 visa without meeting these standards, you risk rejection.

The investment should be between $100,000 and $200,000 in an existing or new business, but smaller investments may qualify. The investment should also boost employment by 3–4 individuals.

What are the E2 Treaty Countries?

Here is the list of the E2 Treaty Countries:

• Albania
• Argentina
• Armenia
• Austria
• Azerbaijan
• Bahrain
• Bangladesh
• Belgium
• Bolivia
• Bosnia and Herzegovina
• Bulgaria
• Cameroon
• Canada
• Chile
• China
• Colombia
• Republic of the Congo
• Costa Rica
• Croatia
• Czechia
• Denmark
• Ecuador
• Egypt
• Estonia
• Ethiopia
• Finland
• France
• Georgia
• Germany
• Grenada
• Honduras
• Iran
• Ireland
• Israel
• Italy
• Jamaica
• Japan
• Jordan
• Kazakhstan
• Kosovo
• Kyrgyzstan
• Latvia
• Liberia
• Lithuania
• Luxembourg
• Mexico
• Moldova
• Mongolia
• Montenegro
• Morocco
• Netherlands
• New Zealand
• North Macedonia
• Norway
• Oman
• Pakistan
• Panama
• Paraguay
• Philippines
• Poland
• Romania
• Senegal
• Serbia
• Singapore
• Slovakia
• Slovenia
• South Korea
• Spain
• Sri Lanka
• Suriname
• Sweden
• Switzerland
• Thailand
• Togo
• Trinidad and Tobago
• Tunisia
• Turkey
• Ukraine

The 1995 Treaty of Amity, Economic Relations and Consular Rights with Iran has been terminated on January 24th 2020. Therefore citizens of Iran are not eligible for the E2 visa anymore.

What Are the Advantages of the E2 Visa?

The benefits of an E2 visa are numerous. For starters, there is no quota for it, so anyone who qualifies can obtain it. Furthermore, it is a far better way to enter the US than the EB5 investor Green Card, which requires persons to invest more than $500,000 in the US and create at least ten jobs.

How to Apply for the E2 Visa?

There are two ways to apply for the E2 visa:

• From within the US.
• From outside the US.

E2 visa application from within the US

Legal US residents can change their status for an E2 visa. Form I-129, Petition for a Nonimmigrant Worker, can be filed with USCIS. Nationality, investment, and return intent must be shown in the application.

Individual investors must petition. Companies must file Form I-129 for employees. Your request will be approved or denied by USCIS. They will send you Form I-797, Approval Notice, if authorized.

E2 visa application from outside the US

If you are outside the US you must apply for the E2 visa through a US Embassy in your country of residence. Here are the steps you must go through to apply for an E2 Visa:

• File the Form DS-160.
• Pay the application fee.
• Schedule your visa interview.
• Prepare your document file.
• Attend the interview.

Apply only through filing a Form DS-160, Nonimmigrant Visa Application

This form will ask you to provide your information and your purpose for going to the US. After you fill it, you will be given a confirmation page and code which you need to have with you for your interview.

Pay the application fee

For the E2 visa, the application fee is $315. You might also be required to pay additional fees such as visa issuance fees or reciprocity fees based on your home country. After you pay all your fees, save the receipts, as you will need them later.

Schedule your visa interview

For their visa application to be complete, all applicants between the ages of 13 and 80 must attend a visa interview at a US Embassy. It is recommended that you book your interview as soon as possible so that you do not have to wait too long owing to the US Embassy’s heavy workload. You will receive a visa appointment letter when you book the interview, which you must carry with you to the Embassy.

Prepare your document file

The document file must be completed on the day of the interview. Here is the list of required documents for the E2 visa:

• Filed Form DS-160, Nonimmigrant Visa Application.
• Your valid passport.
• Two photographs that comply with the US visa Photo Requirements
• The receipt that proves you have made the payment of $315.
• Form DS-156E, Nonimmigrant Treaty Trader/Treaty Investor Application – If you are an Executive/Manager/Essential
• employee.
• Proof that you intend to return to your home country such as:
• Property deeds
• Apartment lease, etc.
• Proof that the business you will invest in is real (bona fide), such as:
• Business licenses and registration documents
• Financial statements
• Office lease agreements
• Organizational chart
• Tax returns
• Bank statements
• Contracts with employees and customers, etc.
• Proof that your investment is substantial, such as:
• Your personal or business bank statements
• License, or registration documents for your business if you are starting it
• Business plan

Attend your scheduled interview

You will be interviewed by a US Embassy official regarding your purpose and intentions for going to the US. The interviewer will also inquire about your intentions to return to your home country, which you must prove. If it is suspected that you want to remain in the US permanently, your application might be rejected.

After you submit the application and conduct the interview, the US Embassy will process your request.

What is the Processing Time of the E2 Visa?

The processing time for an E2 visa registration for a firm is 4 to 6 weeks, while it takes roughly 2 weeks for an employee.

However, the processing time varies according to the US Embassy’s workload, so if you do not receive an answer within certain time constraints, it does not mean that your visa application was denied.

How Long Can I Stay in the US as Treaty Investor?

The initial period of time that the E2 visa is given for is 2 years. During those two years, the visa holder can continue developing the company in which they have invested. When that period of validity is close to expiring, the E2 visa holders can extend it.

How Can I Extend My Stay in the United States?

There are two ways how you can extend your stay in the United States as a treaty investor.

One way to extend your stay is to travel outside the US and come back in. This will result in automatic renewal for another 2 years. The other way is to apply for an extension through USCIS. You can apply for the extension by filing Form I-539, Application to Extend or Change Status. The extensions are granted in 2 year periods, and the investor can apply as many times as they want to. Extensions will be granted if the visa holder continues to be eligible for the E2 visa and proves intent to return home

In addition to extensions, E2 visa holders can also change their status if they become eligible for another type of visa. For example, if a person finds an employer willing to sponsor them, they can apply for the H1B visa.

Can my Dependents Join Me?

E2 visas allow dependents to join the primary visa holder. Spouses and unmarried children under 21 are dependents. They can apply for the E2 visa with the original visa holder or later.

Dependents can study and spouses can work with an E2 visa. To work, the spouse must file Form I-765, Employment Authorization Document (EAD).

The E2 dependents visa has the same validity as the primary visa. However, dependents must file Form I-539, Application to prolong or Change Status, to prolong the visa validity. If dependents return from the US, they are not automatically renewed.

If the original visa holder changes status, E2 visa dependents can too. If the primary visa holder gets a Green Card, so can the dependents.

How to Apply for a Green Card as an E2 Visa Holder?

Since one of the requirements of the E2 visa is to prove intent to return home, it is difficult to go from an E2 visa to a Green Card. There are however ways through which you can do that.

There are four indirect ways to get a Green Card as an E2 visa holder:

Get an EB-5 Visa for Investors

The EB-5 visa is an immigrant visa, also known as a Green Card, for investors. The E2 visa is similar to the EB-5 visa in that it is also a nonimmigrant visa for treaty investors.

The EB-5 visa is available to everyone, but the required investment is substantial. An EB-5 visa applicant must invest between $500,000 and $1 million in a commercial firm and create 10 or more employment.

Self-Petition for an EB-1 Visa

The EB-1 visa is a Green Card for persons with exceptional ability in science, business, education, athletics, and the arts, as well as those who have held a managerial or executive position at a US company’s foreign branch for the previous three years.

You have the option of having your employer file the petition for you, which is suggested if you have been working at a foreign branch of a US company, or filing the petition yourself with USCIS.

Get an Immediate Relative or Family Based Visa

If you have a close relative living in the US as a permanent resident or US citizen, then it is much easier to get a Green Card from an E2 visa. There are two types of immigrant visa categories that you could adjust your status to: the Immediate Relative and the Family-Based Immigrant Visas.

Change status to a Nonimmigrant Dual Intent Work Visa

Changing an E2 visa to a dual purpose visa is another indirect route to get a Green Card. Dual intent US nonimmigrant visas allow holders to apply for a Green Card without proving their intent to return home.

H-1B, L-1, and O-1 visas are dual intent. Finding a US employer to petition and sponsor you for one of these visas could improve your status. You must also meet their conditions to apply.

How long Does it Take to Go From an E2 Visa to a Green Card?

It can take a long time to transition from an E2 visa to a Green Card, depending on which option you choose. If you choose an EB-1, EB-5, or family petition, the process could take anywhere from six months to more than a year. It will take several years if you choose to adjust to a dual intent visa.

How to Adjust Status From an E2 Visa to a Green Card?

If you are granted one of the immigrant visas through an E2 visa, you must change your status. This is accomplished by submitting the USCIS Form I-485, Application to Register Permanent Residence or Adjust Status. It will take some time for them to process it, and once completed, they will mail your Green Card to you.

Other Treaty Trader and Investor Visas

There are two more visas in this category and they are the following:

• E1 visa for treaty traders
• E3 visa for Australian professionals