An E-2 Treaty for Professionals Working in Investments

We all know that the United States does business with countries throughout the globe. As part of many treaties, the U.S. government has established E-2 visas. These are visas that allow business people the ability to work within our borders for the business that they invest in. The E-2 visa is only a temporary non-immigration visa that can be obtained through the Law Offices of Immigration in Los Angeles. 

It’s very important to note that there are ‘green cards through investment’ offered by the U.S. that are different from the E-2. This type of green card allows for the permanent residence of an immigrant. To obtain a green card through investment, the investment amount must be at least $500,000. The E-2 visa, on the other hand, has no minimum dollar amount.

Some Quick Facts About E-2 Visas

E-2 visas are only authorized for citizens of countries the United States has a treaty with. The treaty investor and some employees can come to legally work within the U.S., but they must work for the business that they made a substantial investment in. Only the business that sponsored the E-2 visa may employ the investor and their employees.

They are obtained by a lawyer for non-immigrants in Los Angeles lasting for an average of five years. The exact maximum timeframe that an E-2 visa can last will highly depend on the investor’s country of origin and the viability of the business. Those coming to work for newer businesses will receive shorter validity periods than those coming to work for businesses that have been in operations for a longer period of time.

These types of visas can be renewed with unlimited extensions. The E-2 visa holder may have accompanying children that are not married and a spouse entering the country during their validity period. Only the spouse of the E-2 visa holder may apply for a work permit while they’re physically in the United States. Their children may not apply for a work permit.

Currently, there is no restriction on the number of E-2 visas that are issued on an annual basis. These visas are considered highly valuable because they allow self-employed individuals to enter the country and continually renew their visas without the restrictions brought on by other kinds of non-immigrant visas. If you’re interested in obtaining an E-2 visa, it’s likely that you’re wondering what the eligibility requirements are.

E-2 Eligibility Requirements

Attorneys can assist you in determining if you meet the minimum eligibility requirements to obtain an E-2 visa. In general, there are three main requirements that you must meet to be eligible to apply. These include:

• You must be a citizen of a country that has a relevant treaty with the United States regarding the E-2 visa.
• You must have already invested, or be actively in the process of investing, a “substantial amount of capital” in a business venture in the United States
• You must enter the United States with the goal to solely grow and run the investment enterprise. This is established by showing that you have at least 50% ownership of the enterprise or showing that your position holds operational control of the business.

A lawyer for non-immigrants can assist you in determining whether or not you’re eligible for this type of visa. The whole point behind the E-2 visa is to create jobs for U.S. workers. The government will be using this methodology when they are looking at your qualifications.

When applying for an eligible E-2 visa, you may need to be residing in your home country. This requirement greatly varies by country. It’s best to check with the U.S. Consulate or Embassy that is located in your home country to see if you must live there to apply for an E-2 visa or not. A U.S. tourist visa lawyer will point you in the right direction.

Determining whether or not you’re eligible starts with figuring out if your country has a treaty for an E-2 agreement with the United States. You can find this list at the U.S. Department Of State’s Bureau of Consular Affairs Website. Some countries that have E-2 agreements include:

• Albania
• Argentina
• Austria
• Bangladesh
• Bolivia
• Ireland
• Israel
• Italy
• Jamaica
• Chile

How To Apply For An E-2 Visa?

You’ll need to visit the local U.S. Consulate or Embassy in your nation of origin to apply. Each nation may have different requirements for the application process.

Some nations may allow you to submit an online non-immigrant visa application. If you plan on going this route, it’s a good idea to consult a B visa lawyer. Make sure that you have a photo ID as you’ll need to submit a copy of it alongside your application for it to be considered.

As any Los Angeles immigration lawyer can reveal, you’ll likely have to undergo an interview before any E-2 visa is approved. Interviews are most common for those between the ages of 17 and 79. However, it’s up to the discretion of the U.S. consular officers who they choose to interview. If you’re requested to be present for an interview, then you’ll need to do so for your E-2 visa application to be considered.