Get Assistance from the Right Experts for your E-2 Visa Application
E-2 visas are investment-based nonimmigrant visas that enable citizens from E-2 treaty countries to live and work in the U.S. by investing a substantial amount of capital in a new or an existing U.S. business. E-2 treaty countries are those countries that have an existing treaty agreement with the U.S. for the purpose of an E-2 visa.
The E-2 visa classification is available to two types of individuals, nonimmigrant treaty investors and employees of such treaty investors. We will discuss the eligibility criteria for both classifications in this segment.
E-2 visas are initially granted for a period of two years, after which the visa holder can apply for unlimited renewals. This is an attractive feature that makes the E-2 visa one of the most heavily sought-after non-immigrant visas.
Although highly advantageous, the application process for E-2 visas is to a great extent technical in nature, which is why applicants for the visa are advised to hire experienced immigration attorneys to handle their E-2 visa requirements.
Eligibility Criteria of E-2 Visa Classification
Individuals who wish to seek E-2 classification as a nonimmigrant treaty investor are required to establish that:
- He/she possesses the nationality of an E-2 treaty country;
- He/she has invested or is in the process of investing a substantial amount of capital in a U.S. enterprise;
- This enterprise is not a marginal enterprise and is a bona fide one in the United States;
- The individual is seeking to enter the U.S. solely to develop and direct the investment enterprise; and
- He/she intends to depart from the United States upon the termination of E-2 status.
If the individual seeking E-2 classification is an employee of the treaty investor, then the E-2 petition should also include supporting documentation to establish that:
- The employee possesses the same nationality as the principal alien employer, both of whom are nationals of a treaty country; or,
If the principal alien employer is an organization, the E-2 Beneficiary possesses the same nationality of the organization which owns at least 50% of the U.S. enterprise and holds a treaty country nationality.
- The employee engages in duties that are of an executive or supervisory character, or he/she possesses special qualifications. Executive or supervisory duties are those duties that empower the Beneficiary with ultimate control and responsibility of a major component of the organization whereas, special qualifications are those skills that are regarded as critical to the operation of the treaty enterprise.
Applying for an E-2 Visa
Broadly speaking, there are two ways of applying for an E-2 visa depending on whether the Beneficiary is situated within or outside the U.S.
If the Beneficiary is physically present outside the U.S., the application for E-2 visa may be filed with a concerned U.S. consulate or embassy. Once a petition is filed and a visa is issued, the visa holder may then seek admission at a U.S. port of entry as an E-2 nonimmigrant.
If the Beneficiary is already situated within the U.S., a request for change of the Beneficiary’s current status can be made by filing a petition for the same directly with the USCIS.
An E-2 petition can take up to three months for processing, however, applicants may choose to speed up the processing time by paying an extra fee of $2,500.00 for premium processing.
Filing for an Extension of E-2 Visa
Applicants who wish to seek an extension of their E-2 visa, have two options to do so. The first option is to apply for an extension without departing the United States, by filing a Form I-129 with the USCIS. The second option is for the Beneficiary to physically leave the U.S., and then apply for an E-2 visa renewal through the concerned U.S. consulate.
It is pertinent to note that any substantive change in the terms or conditions of the Beneficiary’s E-2 status, during the course of his/her employment in the U.S., must be brought to the immediate attention of the USCIS. This can be done by filing a new Form I-129 with supporting documentation and requesting an extension of the E-2 status of the Beneficiary. A “substantive change” can be interpreted as a fundamental change in the basic characteristics of the Beneficiary’s employment that could affect the alien’s eligibility for E-2 classification.
Advantages of Opting for an E-2 Visa
- One of the most notable advantages of an E-2 visa is that there is no limit to the number of times an extension can be sought under this visa.
- Spouses and unmarried children can apply for admission to the United States along with the E-2 Beneficiary.
- Applications for E-2 classification do not need to be accompanied by an approved Labor Certification.
We have a Unique Perspective for Specialty Workers Coming to the United States
When this much time, effort, and money is invested into the relocation of top-level employees and the growth of the company, it’s always best to have an expert handle your case.
Based out of Chicago, Illinois, with additional offices in Schaumburg, IL, Naperville, IL, and Madison WI, Francis Law Center is committed to optimizing the immigration path for foreign professionals from all over the world and their U.S. employers. Our clients include people coming to the United States from India, Pakistan, China, Canada, Latin America, the Middle East, Asia, Europe, Africa, and elsewhere.
Francis Law Center focuses on practicing immigration law. In fact, it is the only kind of law we practice. Attorney Jae Francis Lee brings experience as a professional, previously working as a professor for 22 years at the University of Wisconsin and holds a Ph.D. from New York University. He understands the importance of in-depth research and meticulous documentation required for a successful E-2 Treaty Investors Visa application. As a result, we can help you understand your options when it comes to qualifying and filling an E-2 application.
Schedule an Initial Consultation: Call us at 866-868-1596. You can also reach us online. We look forward to hearing from you.
