E-2 Investor Visa

What is the E-2 Treaty Investor Visa?

The E2 treaty investor visa is a non-immigrant visa that allows you to live and work in the US as an investor or entrepreneur to develop your business or acquire a business or franchise.
In larger businesses, management and executive-level employees can apply for this visa instead of the owners. Employees that are also nationals of the same E2 visa country as the investor may also qualify for an E2 visa.

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Benefits Of E-2 Visa

The amount that you're expected to invest is relatively low
Your employees will also be eligible for an E2 visa
You can freely travel to and from the United States
Your E2 visa status can transition to a Green Card at a later stage
There's no annual cap on how many visas can be issued
The processing time is quicker in comparison to other visas

Path To Permanent Residency

Since the E2 investor visa doesn’t automatically lead to a Green Card, you can instead obtain an EB-2 National Interest Waiver, participate in the EB-5 Investor Program or the EB1-C program and fulfil your ultimate goal.

How Do I Get A Green Card With Eb-1c When I Am On My E-2 Visa?

If you’re on an E2 visa, and you have an affiliate business that is outside the US, you may qualify for a Green Card through the EB-1C category, provided you fulfil these requirements:

  • There is a qualifying corporate relationship between the foreign company and the US company.
  • The US company has been doing business for at least one year.
  • The employee must have worked outside the US with the foreign company (as an executive or manager) for one continuous year (within the last three years) on a full-time basis.
  • The E2 visa employee has been offered a full-time position by the US company to work as an executive or manager.
  • The US company can pay the proposed wage.

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Faq

Am I allowed to set up a company before my E2 visa is approved?

Yes, you can form an LLC or a corporation before you get your visa approval. These initial actions are considered "setting up" the business and are not considered work. However, you are not allowed to work in the US until your visa is granted.

What is the difference between the E2 and 1--1 Visas?

Both the L-1 and the E2 visa authorise you to work in the US. With an L-1 visa, you can only work for your US company petitioner. With an E2 visa, you must work for your E2 business. You cannot be a passive investor.

Can I gain E2 Visa or El Visa status as a self-employed professional?

Yes you can, as long as you employ other people. As the principal applicant, you should be going to the USA to develop your business. Accountants, IT consultants, doctors, lawyers, etc, can obtain E2 and E1 visa status to enable themselves to practice their profession in the USA as long as they eventually create employment for other people as well.

What are the alternatives if my employees or I do not qualify for E2 visa status?

You can opt for the L-1 intra company visa or opt for H1-B speciality occupation visa. Though the EB-5 Immigrant Investor visa is an option that eventually leads to US permanent residency, this visa is costly and time-consuming to obtain.

What is the minimum amount of trade or investment needed to qualify?

Though there is no minimum level of trade or investment to qualify, a lower amount of trade or investment means there are less chances of you getting the visa. The amount necessary will also depend on the type of business or trade you’re engaged in.

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