Treaty Investor Visa E-2

E-2 is a nonimmigrant investor visa. It is issued to those who plan to do business in the United States, but do not plan to move here forever. The visa has a relatively low entry threshold: according to the experience of immigration lawyers, it will take about $100,000, this money should be invested in a really working and effective business. This method of moving to the States has two main restrictions: firstly, the investor will not receive a Green Card (permanent residence), even if he has lived in the country for more than a dozen years, and, secondly, an E-2 visa cannot be applied for with Russian passport. However, both of these conditions can be managed.

 

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Program's details

$100 thousand approximate investment volume
2-4 months consideration period of the application
For the whole family spouse and children under 21
Life in the USA and free travel abroad
2 years standard validity period
Unlimited renewals while the business is running
Nonimmigrant visa does not lead to citizenship
Earning income from doing business

About the Program

The E-2 Visa (Treaty Investor Visa) is a non-immigrant investor visa. Its issuance is based on bilateral agreements on trade and navigation, which the United States concluded with many countries of the world. The first of them appeared in the 19th century, and the most recent ones were signed in 2019. Now more than 70 countries have such agreements, but Russia, Belarus, Uzbekistan, Tajikistan, Turkmenistan are not among them.

The essence of the visa is the ability to temporarily move to the United States to conduct business. The main condition will be substantial investments and a business development plan. It is assumed that at the end of the project, the investor will leave the United States, but in reality everything may turn out to be different.

USCIS, the US Citizenship and Immigration Service, regulates the issuance of visas of this and other types. More than 40,000 foreigners receive an E-2 visa every year. This method of moving to the United States is most popular among citizens of Japan, Germany, Canada, France and the UK.

The visa is issued specifically for doing business, and not for moving. Therefore, one of the conditions is to declare the intention to return home after the completion of the project. The validity period is limited to 2 years, but it can be renewed an unlimited number of times - as long as the company continues to operate. In addition, if the business turns out to be successful, it may become a reason for  transition to an EB-5 Visa, which already paves the way for permanent residence and American citizenship.

Please note!

An E-2 Visa can only be obtained by citizens of those countries, which have a separate trade agreement with the United States. A list of them is published on the website of the US Department of State.

  Requirements to the Investor and Business

Investor

  • Should invest a significant amount in a business in the United States and submit a business development plan.
  • Should have citizenship of a country that has a trade agreement with the United States.
  • Should prove the legal origin of funds.
  • Should have enough personal funds to support himself and his family.
  • Should come to the United States to run business.
  • Should be either the main investor - the owner of at least 50% of the business, or a key employee - a manager or a leading qualified specialist.
  • Should declare intention to leave the country after completion of the project.

Business

  • It should be а really functioning business that is not unprofitable.
  • Passive investments such as funds in a bank account or purchasing property for rent are not suitable.
  • The project should bear commercial risks, i.e. no guarantees of return on investment are allowed.
  • If the main investor is a legal entity, at least 50% of the business must be owned by citizens of countries that have entered into a trade agreement with the United States.
  • There are no requirements to employ a certain number of US citizens, but it is considered a good sign that there are at least several employees in the state, in addition to the investor's family.
Please note!

The law does not specify the  exact amount of investment to be considered significant. Each case is considered individually. According to the experience of immigration lawyers, it is worth focusing on $100,000. If we are talking about a high-tech and promising start-up, the application can be approved with investments of $50,000 or more. But in any case, the more is capital, the higher are the chances of getting a residence permit in the United States.

Family

The E-2 visa can be obtained by the family members: spouse and unmarried children under 21 years old  together with the investor.

Relatives are not required to have citizenship of countries which have trade agreements with the United States. A spouse can get a work permit in the United States, but children are only allowed to study, but not to work. Upon reaching the age of 21, they will no longer be eligible for a visa extension as dependent relatives, but they can apply for a student visa.

Documents

When applying for an E-2 visa at the US Consulate, you will need:

  • International passport
  • Photo 5x5 cm
  • Completed Online Application Form DS-160
  • Completed Form DS-156E - for executives, managers, or key employees
  • Proof of intent to return to your home country (such as a mortgage application)
  • A business plan proving that the company will not just function, but make a profit
  • Registration documents for a company in the USA
  • Bank Transfer Confirmation
  • Proof of source of income

Additional Expenses

State fees

State fees depend on how the application is submitted:

  • If the applicant is abroad and submits documents through the consulate: $ 205  is a fee for filing an online visa application form DS-160.
  • If the applicant is already in the United States and wants to change his status: $ 460 - is a standard fee for the consideration of an I-129 petition with USCIS; $ 1,440 - is a fee for the fast track review process (15 days).

Legal expenses

The services of a lawyer who will accompany the process cost $3,000-10,000. Additionally, you may need assistance in registering a legal entity and preparing a business plan if these options are not included in the lawyer's fee.

Rights and Obligations

Rights

  • To work and do business in the United States.
  • The investor's spouse can obtain a work permit without restrictions on the place and type of employment, as well as open their own business.
  • To send children to an American school.
  • To travel outside the United States.
  • To renew your visa an unlimited number of times.
  • To change your visa to an immigration visa if the business meets the requirements for EB-5.

Obligations

  • The investor has the right to work only in the declared company or in those companies that arise on its basis.
  • The investor and his family are required to leave the United States after the project is completed.

The procedure for obtaining

1
Consultation with a lawyer
1 week
An immigration lawyer will review your case and advise you how to organize your E-2 visa application.
2
Compliance with program conditions
from 2 months
The applicant registers a company or invests in a functioning business in the USA, prepares a business plan and collects a package of documents for a visa.
3
Filing an application
1 day
The documents are submitted to the US Consulate in the country of residence. If the applicant is already in the States with a different status, the petition can be filed to USCIS.
4
Interview
1 day
At the interview, you need to be ready to answer questions about the business and, if necessary, provide additional documents.
5
Consideration of the application
2-4 months
When formal conditions are met, the convincing business plan will be decisive.
6
Obtaining the visa
1 week
In case of a positive answer, the investor and his family members can move to the United States.

Companies working with this program

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