E-2: Treaty Investor Visa Lawyers

A visa is a document that allows an individual from another country to come into America, whether for a temporary stay or on a permanent basis. The type of visa an individual is required to obtain is determined by the purpose of their travel to the United States.

An immigrant visa is a visa that is issued to an individual who wishes to reside permanently in the United States. A nonimmigrant visa is a visa that is issued to an individual whose permanent residence is outside the United States but they wish to be in the United States on a temporary basis for things such as:

• Tourism;
• Medical treatment;
• Business;
• Temporary work;
• Temporary studies; or
• Other activities that are not permanent.

There are more than twenty different categories of nonimmigrant visas that an individual may obtain. The number of nonimmigrant visas issued each year are subject to change.

Additionally, the availability of nonimmigrant visas may depend on the applicant’s country of origin. The number of visas permitted for certain countries can be more or less depending on the number of visas that were issued during the previous year.

What is a Visa Application?

A visa application is the process by which an individual obtains a visa. Submitting a visa application is one of the first steps an individual takes when immigrating to the United States.

Whether an individual intends to relocate permanently to the United States or only to visit for a short time, they will need a visa. There are many different types of visa applications, including:

• Family-based petition visas,
• Employment-based visas,
• Permanent visas, and
• Student visas.

The common issue with all nonimmigrant categories is that the individual is visiting the United States for a specific purpose. If an individual has a visa and wishes to remain longer, they may apply for a non-immigrant visa extension, depending on the type of category and the individual’s purpose for visiting the United States.

What are Some Requirements for a Visa Application?

When an individual is submitting a visa application, they may be asked to answer numerous questions as well as required to submit proof for any claims they might be making. Requirements may include:

• An official photo ID;
• Travel documents such as a valid passport;
• Birth certificate;
• Proof of residence within the past five years;
• Employment-related documents;
• Bank account statements and proof of financial capability;
• Medical records;
• Various processing fees; and
• Other requirements that may be specific to each case.

There are many subcategories of temporary visas. Each has its own set of requirements depending on the nature of the visa.

For example, an individual who is applying for a student visa must provide proof of their acceptance and cooperation with the sponsoring educational institution. Similarly, employment-based visas will typically require proof of employment or alien labor certification.

What is an E Category Visa?

An E category visa is designed to promote investments and trade between the United States and other counties. This type of visa allows individuals who do substantial business with the United States to remain for an extended period of time so they can live and work in the United States lawfully.

The United States has entered into treaties with several other countries and created the E-2 visa. This visa permits business people from other countries to work for a business in which they have invested that is located in the U.S.

It is important to note that there is a difference between an E-2 visa and a green card through investment. The E-2 visa is a nonimmigrant visa and a green card is permanent. Additionally, an E-2 visa has no minimum investment requirement which a green card requires an investment of $500,000 or more.

Who Can Apply for an E-2 Visa?

In order to qualify for an E-2 visa, an individual must meet the following requirements:

• The individual must be a citizen of a country with which the U.S. has a trade or investment treaty;
• The applicant must be the developer or director of the investment;
• The individual’s investment must be large enough to ensure the individual’s financial commitment to it; and
• If the applicant is not the primary investor, they must have a supervisory role in the investment.

What Documents Do I Need to Apply for an E-2 Visa?

In order to apply for an E-2 visa, an individual will need to prepare and present the following:

• A business plan, stating the individual’s involvement with the investment;
• A copy of the most recent financial statement for the investment;
• An affidavit of intent to leave after the individual’s visa expires;
• A passport;
• A birth certificate;
• A marriage certificate, if the individual is married; and
• A copy of the individual’s U.S. visa and Form I-94, the temporary visa form, if the individual is already in the U.S.

How Long Will My E-2 Visa Last?

Once an individual’s E-2 visa is issued, it will typically last for a period of two years. However, it is not uncommon for the government to issue the visa for a period of up to five years.

What are the Key Issues Surrounding the E-2 Visa?

There are several key issues that surround the E-2 visa. These include:

• The investor and certain employees may work legally in the U.S. as long as the investor’s country of origin has a treaty with the United States;
• While in the United States, the investor and employees are restricted to working only for the employer or self-owned business that served as the E-2 visa sponsor;
• The initial E-2 visa may last up to five years, depending on the individual’s country of origin, with unlimited extensions. The length of the visa depends on the reciprocity agreement between the United States and the foreign country as well as the viability of the business. Newer businesses receive shorter validity periods;
• Each time an E-2 visa holder, including workers of family members, enters the United States, they receive a period of stay for up to two years. They are also permitted to extend their stay while remaining in the United States;
• Visas are available for an accompanying spouse as well as minor unmarried children; and
• The spouse, but not the minor children, may apply for a work permit once they are physically present in the United States.

For some individuals, the E-2 visa is close to permanent residency because the individual may obtain the visa through self-employment and they can also receive an unlimited number of extensions. Additionally, there are no limits on the number of E-2 visas that can be issued to qualified applicants each year.

What are Some Tips for Handling a Visa Application?

There are some tips that can help an individual’s application process run more quickly and smoothly. Some tips for handing a visa application include:

• Only use the official forms. Immigration officials will not accept non-standard forms;
• Do not omit anything that is requested on the forms;
• Do not submit more information than is requested. In other words, provide exactly what is being asked, nothing more, nothing less; and
• Ask for help if needed. An individual should not attempt to figure out the process on their own. A lawyer can answer any questions regarding the application process.

Should I See an Immigration Attorney When I Apply for an E-2 Visa?

Yes, it is essential to have the assistance of an experienced immigration attorney for help with your E-2 application visa issues. Your attorney can analyze your eligibility for the E-2 visa as well as assist with the application process.

There are numerous forms and procedural requirements to apply for an E-2 visa. An experienced immigration attorney can ensure that you have all the necessary documentation in order to have your visa issued.