Phoenix E-2 Investor Visa Attorneys

Proudly Representing Immigrant Investors

The E-2 visa is a temporary or non-immigrant visa for foreign nationals who are coming to the U.S. solely to develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital. An E-2 visa holder may stay in the U.S. for an extended period, given that they maintain an investment in a U.S. Company and the company continues to support the E-2 visa holder’s treaty status. 

Please note that each E-2 treaty is written differently and every Consulate has a different interpretation of the treaty. Please discuss your options directly with the Phoenix investors and certified legal professionals at the Essien Law Firm.

If you have any questions, do not hesitate to call us at (602) 833-2650 or contact us online.

Are You Eligible for the E-2 Visa?

No specific investment amount is required for an E-2 trader visa. However, the investment must be enough to ensure the success of the enterprise being invested in. This investment must be a real and active commercial, for-profit business in which a majority of the investment or controlling interest is owned by treaty nationals (for non-treaty areas, ownership by nationals of the foreign country will suffice). The investment cannot be for a passive investment or a hobby.

Many times in the past the investment required has for the E-2 trader or investor has been described as “substantial” and proportional to the amount of investment and business volume of the enterprise; however, this is no longer the case.

The E-2 visa investment must meet the following requirements:

• Depends on the nature of the business which the investment is made in
• Sufficient to fund the operations of the business
• Substantial enough to support a successful business within the U.S. Territory

The foreign national applicant for the E-2 visa must be coming to the U.S. for the purpose of developing and directing the enterprise, which ultimately must consist of more than providing a living for themselves and family. The E-2 visa applicant must show that the enterprise will fill a substantial marginal capacity in the United States.

How Do I Apply for an E-2 Visa?

Read form instructions and complete the current edition of Form DS-160 (non-immigrant visa application). Make sure to read the guidelines carefully to avoid delays. It is a good idea to print a copy of your completed DS-160 application for your records. Failure to provide the information requested may result in the denial of your E-2 trader visa. Remember that the DS-160 form is submitted electronically to the Department of State via the web so it cannot be downloaded.

 You must apply online for a digital 2 by 2-inch color photo in a white background and a passport with an expiration date at least six months beyond your intended stay in the U.S. Therefore, the file should contain the copy of the US citizen or legal resident that has lawful status in the U.S. (“E-2 investor”). The file also needs to contain the US Citizen or Legal Permanent Resident.

You must pay the fees, which include the visa application filing fee, which is currently $205.00, the DS command must submit two by 2-inch size passport photos in color with white background, correctly prepared visa applications, and the issuer charge, if applicable.

‘Attend the interview. Make sure to bring your valid passport, nonimmigrant visa application approved form DS-160, the confirmation of your interview appointment, the issued fee payment receipt, and the passport size, 2 x 2 inches, color photograph. Some applicants will also need to demonstrate that they are not subject to section 214(b).

Following the interviews and accompanying investigations, the applicant will be notified whether the visa application will be approved or denied.

Schedule an appointment online for the visa. To do this, you first need to visit the visa service provider. ‘ They will need the Unique Locator Number (DS) from your DS-160 application and the account information you created on the website. You can then schedule your appointment for the E-2 visa application. An approved visa is available for up to 1 year.

Line up the day of the interview. The police require you to leave your electronic device (including a laptop) at the consulate entrance, and they don’t have lockers, so you have to stay locked. The consulate will issue the visas for workers and E-2 investors, but you have to wait for them. At the consulate, they will take your fingerprints and images for the background check.

Then you take a short walk to the consulate where an officer verifies the paperwork and interviews you about the qualifications, so it’s good to review your business plan, 5-year financial forecasts and provide a timeline for hiring staff, and additional benefits. It’s a good idea to have your sales agreement on hand. audio from your employee and the product literature/marketing materials.

Note: There may be a partial exemption for Canadian citizens who are able to take advantage of the procedures required by the North American Free Trade Agreement (NAFTA). For more information on NAFTA, please visit the U.S. Customs and Border Protection (CBP) website.

What Is the E-2 Visa Processing Time?

E-2-country traders will potentially qualify to obtain a 5-year E-2 visa; however, the length and issuance of the visa depend on the Consulate (London and Vancouver have previously issued 5-year visas to U.S./English traders). If the applicant is in the U.S. in legal status, the E-2 visa can be obtained without any priority dates or issuance limitations. 

For traders from countries with pre-registered E-2 visas such as Canada, New Zealand, the United Kingdom, Germany, Norway, Hungary, Turkey, and Iran, the visa can often be delivered in about one to two weeks after the consulate interview. Direct investors may qualify to become residents in the U.S. after entering the U.S. in E-2 status.

Additional documents may be needed to schedule an appointment and include:

• E-2 registration certificate
• Evidence supporting the employee’s status, training, and qualifications (e.g., documentation establishing the company’s ongoing need for the position and a description of the duties of the employee in the coming year, an annual report, and financing statements if a loan was received to purchase the business)
• Verified cover letter from the company

E-2 Visa Investment Minimum

In order to be eligible for an E-2 visa, the investor only needs to submit a business plan and incorporate US company and invest a reasonable amount into the business depending on the context of the business.

Additionally, if the acquisition is in the country of origin or a US branch of a foreign company, some companies may have an opportunity to renew E-2 status without annual maximum eligibility. It applies to employees who have a minimum investment of 50-75% depending on the specific country and have corporate roles.

Another great additional aspect of the E-2 visa is that the spouse and children under the age of 21 can enter the US as an E2 dependent and obtain an E-2 visa. This means that the spouse can obtain work authorization and the child can go to school. In addition, the E2 visa can be renewed indefinitely under some circumstances. It essentially gives you the opportunity to go ahead and even apply for a US Green Card.

How Long Can an E-2 Visa Holder Stay in the U.S.?

The Intention of Temporary Stay supports this instrument, through which employees and investors can reside in the United States for years and renew the document almost indefinitely. However, you must:

• Be a national of a country that has an E-2 treaty
• Either be a company trader or manager or be a worker deemed essential for daily operations and having specialist knowledge of products or services offered
• The specified organization for the application must be at least 50% of the owners and employees from the same country as the applicant’s investors, employees or executives
• Applicant must be an unpaid E-2 member
• Applicant must be a minimum investment of $100,000 or at least a 50% interest

According to the Immigration Policy Manual, there is no numerical requirement for an E2 visa invested in the US; the investor needs to submit credible evidence to show that the investment will be a real and continuity enterprise. Therefore, investors don't need to invest in a business that has a certain number of employees or will generate a specific amount of income.

Usually, credible evidence is submitted to indicate that the company will earn more than enough income to support the investor and his employees.

Contact Our Skilled Firm Today

To find out how we can help your business, please contact our Phoenix E-2 investor attorneys today. Our team is multilingual with 10+ years of combined legal experience, and we are prepared to help you achieve your goals.

If you have any questions, do not hesitate to call us at (602) 833-2650 or contact us online.