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Are you interested in investing and living in the United States legally?
Who is qualified?
The E visa is not for everyone who has a trade or an investment. This class of visa is exclusively for what the USCIS calls "treaty traders and investors." This means that all applicants must be nationals of a country that has a trade agreement with the United States.
If you don't know if your country is a treaty country, you can look it up on the full list provided by the Department of State.
The regulations establish that you must be a national of one of these countries, but you do not necessarily have to be currently living there.
Trader visa (E-1)
Foreign trader/investor visa applicants must meet specific requirements to be eligible for a treaty trader (E-1) visa under immigration law. The consular officer will determine if the trade agreement applicant is eligible for a visa.
The applicant must be a national of a treaty country.
The business enterprise for which the applicant is coming to the US must have the nationality of the treaty country.
International trade must be "substantial" in the sense that there is a substantial and continuing volume of trade.
The trade must be conducted primarily between the US and the treaty country, which means that more than 50% of international trade must be conducted between the US and the applicant's country of nationality.
Trade means the international exchange of goods, services and technology. Title to trade items must pass from one party to another.
Applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the business. Ordinary skilled or unskilled workers do not qualify.
Treaty Investor Visa (E-2)
Applicants for a treaty investor visa must meet specific requirements to be eligible for a treaty investor (E-2) visa under immigration law. The consular officer will determine if the applicant for an investment treaty meets the requirements to obtain a visa.
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The investor, whether a natural or legal person, must be a national of a treaty country.
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The investment must be substantial. It must be sufficient to ensure the proper functioning of the enterprise. The percentage of investment for a low-cost enterprise must be higher than the percentage of investment in a high-cost enterprise.
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The investment must be a real operating enterprise. Speculative or idle investments are not permissible. Uncommitted funds in a bank account or similar security are not considered an investment.
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The investment cannot be marginal. It must generate significantly more income than is necessary to support the investor and his or her family, or it must have a significant economic impact in the United States.
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The investor must have control of the funds, and the investment must be risky in the commercial sense. Loans secured by the assets of the investment enterprise are not permitted.
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The investor must come to the U.S. to develop and manage the enterprise. If the applicant is not the principal investor, he/she must be employed in a supervisory, executive or highly specialized capacity. Ordinary skilled and unskilled workers do not qualify.
Application and necessary documentation
E-1 and E-2 visa applications are generally filed at the US Embassy or Consulate with jurisdiction over your place of permanent residence. Although visa applicants can apply at any US consular office abroad, it may be more difficult to obtain a visa outside the country of permanent residence.
Each applicant for a treaty trader (E-1) visa must submit these forms and documentation, as explained below:
Online Nonimmigrant Visa Electronic Application, Form DS-160 .
Nonimmigrant/Investor Treaty Application, Form DS-156E, completed and signed.
A valid passport for travel to the US and with a validity date of at least six months beyond the applicant's intended period of stay in the US. If more than one person is listed on the passport, each of them must complete a DS-160 form.
One (1) 2×2 photograph.
Each applicant for a Treaty Investor (E-2) visa must submit these forms and documentation, as explained below:
Online Nonimmigrant Visa Electronic Application, Form DS-160.
Nonimmigrant Treaty/Treaty Investor Application, Form DS-156E, completed and signed, if you are an Executive/Manager/Essential Employee.
A valid passport for travel to the US and with a validity date that exceeds the applicant's intended period of stay in the US by at least six months. If more than one person is listed on the passport, each of them must complete a DS-160 form.
One (1) 2×2 photograph.
Additional documentation
An applicant for a trader (E-1) or investor (E-2) visa must first establish that the trade or investment enterprise meets the requirements of the law, and meets the numerous requirements for E visa classification. The consular officer may provide the applicant with special forms for this purpose.
The applicant may expect the consular officer to request additional documentation to make a determination about eligibility for a treaty trader or investor visa. It is impossible to specify the exact documentation required as circumstances vary widely from applicant to applicant.
Family and employees
Spouses and unmarried children under the age of 21, regardless of their nationality, may receive derivative E visas to accompany the primary visa holder. The spouse of an E visa holder may apply to DHS for employment authorization. Dependent children of an E visa holder are not authorized to work in the United States.
The E visa regulations also allow employees to accompany you on the same visa as long as they meet the definition of an employee based on the state in which they will be living during their stay. Depending on your situation, there may be other requirements surrounding your employee's entry. Work with your investor visa attorney to make sure your employee is eligible.
How much will my visa cost?
The total cost and fees for your investor visa depend on whether you are currently inside or outside the United States. For those who are already working in the US under a different visa status, you can simply file an I-129 and have your status adjusted as soon as your petition is approved.
However, if you are currently outside of the United States, you will need to go through consular processing. This involves making an appointment with the US consulate or embassy in your home country to schedule an interview with a consular officer. This will also require you to complete a DS-160 nonimmigrant visa application online.
You can also choose to expedite your request through premium processing, which will incur an additional cost.
This is the breakdown of the fees:
I-129 Basic Filing Fee: $460
Premium processing fee: $1,440
DS-160 fee: $205
The E-2 visa applicant must take into account these costs in addition to the appropriate amount of investment. Talk to your E-2 visa attorney to find out how much the investor visa will cost in its entirety.
What is the processing time for the E-1/E-2?
Fortunately, investor visas have relatively short processing times. Your I-129 petition should take about six months to process, although this largely depends on the workload of the USCIS service center processing your petition.
As already mentioned, you can speed up this six-month processing time by opting for the premium processing service. This option shortens your visa processing time to 15 calendar days. If USCIS does not meet this deadline, the premium filing fee will be returned to you.
If you opt for consular processing, the processing time will depend on how busy the US consulate or embassy in your country is. You will need to make an appointment for your interview and wait until that date, which can be a few weeks to a few months.
Can I get an extension?
Once you have been granted an E visa, you will be able to stay in the United States for an initial period of two years. Although this may seem short compared to other nonimmigrant visas, the E visa allows you to apply for an unlimited number of extensions. The USCIS website even indicates that E-2 visa holders traveling abroad are usually granted an automatic two-year extension upon return. If this is the case, you will not have to file a new I-129 petition.
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