The E2 visa is a non-immigrant visa for investors, entrepreneurs, and persons seeking to run a business in the United States. With an E2 visa, you can start a business in the United States or invest in a business in the United States and work for that business.
To obtain an E2 visa, you must invest a “substantial amount of capital” in a U.S. business, and you must manage and develop that business. You can start a new business or invest in an existing business to qualify for an E2 visa. There has been no set amount mandated by law, however in general it has been interpreted as $100,000 by most U.S. Embassies. The amount does vary depending on the state you invest in and the business. For example, a business in California would require more funds than a business in Nevada.
There is no limit to the number of times an E2 visa can be renewed, as long as the E2 business continues to operate and meet the E2 visa requirements, and the E2 visa holder can continue to renew their visa and live and work in the United States. For Australians, the E-visa can be valid for 48 months for the principal investor and family. Once you enter the U.S. on E-2 status, the E-2 can be renewed in increments of 2 years at a time providing the company is still operating.
What are the eligibility requirements for the E-2 Visa?
To obtain an E2 visa, you must have the nationality of a country with a qualifying treaty with the United States.
-
You can make an investment in a U.S. business as an individual
If you are investing in a U.S. business as an individual, you will be considered the primary E2 investor. Your country of citizenship will determine whether you meet the nationality requirement.
If you are a dual citizen (have the nationality of two countries) you may still qualify for
an E2 visa. You must apply for the E2 visa based on your nationality of the treaty
country. Australia is a treaty company therefore having Australian citizenship means
you will qualify for the nationality requirement.
-
You must have the intent to depart the US once your E2 status end
For most non-immigrant visa categories, you must show that you have a non-
immigrant intent. To demonstrate non-immigrant intent, you are generally required to show strong ties to your home country, such as having a residence abroad, a career, business, or family.
-
You must make a substantial investment in a US company
The regulations do not specify a minimum amount of investment that qualifies as substantial. The Foreign Affairs Manual specifically states: “No fixed dollar figure constitutes a minimum amount of investment to be considered” substantial “for the purposes of the E-2 visa.
-
Your E2 business must be an active, for-profit business.
-
The business that you invest in cannot be considered a marginal enterprise. We use a detailed business plan to show that the business will generate enough money to hire employees and benefit the U.S. economy.
What is a Marginal Enterprise?
A marginal enterprise is a business that does not have the present capacity or the future capacity to generate enough income to provide more than a minimal living for the E2 investor and their family. Even if the business does not have the capacity to generate enough income, if it has a present or future capacity to make a “significant economic contribution” it is not a marginal enterprise.
There are 2 ways to prove that the E2 business is not a marginal enterprise:
- Show that has the present or future capacity to generate more than enough income to provide a minimal living to you and your family; or
- Show that the business has the present or future capacity to make a “significant economic contribution.”
You can prove this by showing that the business either currently employs workers or will employ multiple workers through a business plan.
-
You must be entering the United States to direct and develop your E2 business.
As an E2 investor, you must pursue entry into the United States for the sole purpose of managing and developing the E2 business. You may meet this requirement by demonstrating that, as an E2 investor, you own at least 51% of the E2 business. You cannot be a passive investor and qualify for an E2 visa.
-
The source of your investment funds must be lawful.
The funds you use to finance your E2 business must have been obtained legally.
-
Your investment must be irrevocably committed to the E2 business and must be at-risk.
To obtain an E2 visa, you must make an investment that is at risk and your investment funds must be irrevocably committed to the E2 business. This means is that your investment funds must be spent on the business and cannot simply be in your trading account.
How to Apply for a E-2 Visa
There are two ways to go about the E2 Application Process:
Get an E2 visa at a US Consulate outside the United States
File a Change of Status to E2 Visa while lawfully present in the United States
E2 Visa at a US Consulate
Generally, you will choose to obtain an E2 visa if you are outside the U.S. when applying for an E2 visa or if you plan to travel in and out of the U.S. once you receive your E2 visa. Once the E2 petition is sent to the embassy, it will take approximately 2-4 weeks for them to review the petition and appointment times for interviews vary for each embassy, some embassies can be a few weeks others can be several months. After the impact of covid many embassies are experiencing delays in scheduling an interview time.
At the interview, you may be asked questions about your E2 investment, the source of your investment funds, and other similar questions regarding the information contained in your E2 visa package. We will assist you throughout the process.
After the interview, it will take approximately 1 week for the consulate to place the visa in your passport and mail it back to the location you selected on your visa application.
Change of Status to E2 Visa
If you are already present in the United States in a legal non-immigrant status, you may choose to change your status to E2. The entire process of changing status is done while you are in the U.S. You do not have to leave the U.S. or attend an interview.
IMPORTANT: You cannot make a change of status if you are in the U.S. in an ESTA.
USCIS will take 2-3 months to issue a response to your E2 petition. For an additional fee, USCIS offers premium processing that reduces processing time to 15 days business. Once approved, you are granted E2 status. This means that you are granted the rights and privileges given to E2 visa holders, except for the fact that you do not have an E2 visa. If you leave the U.S., you will lose your E2 status. There are limited exceptions to this.
