Introduction:
The E2 visa is a non-immigrant visa that allows foreign investors to enter the United States for the purpose of investing in and managing a business. It is designed to encourage foreign investment in the American economy and create job opportunities for US citizens. This article will provide an overview of the E2 visa and guide foreign investors through the application process.
What is the E2 Visa:
The E2 visa is a type of visa that allows foreign investors and their families to enter and work in the United States for the purpose of investing in and managing a business. The investor must be a national of a country that has a treaty with the United States that permits E2 visa entry. The investor must also make a substantial investment in a US business and actively develop and direct the operations of the company.
The E2 visa is a non-immigrant visa, which means that it is not a path to permanent residency in the United States. However, E2 visa holders are allowed to stay in the United States for an indefinite period of time, as long as they continue to meet the requirements of the visa.
The E2 visa is particularly popular among startup founders, entrepreneurs, and investors who wish to build and manage their businesses in the United States.
E2 Visa Requirements:
To be eligible for an E2 visa, the investor must meet the following requirements:
1. Be a citizen of a country that has a treaty of commerce and navigation with the United States. A list of treaty countries can be found on the US Department of State website.
2. Make a substantial investment in a US business. The investment must be at risk and the investor must have control over the funds.
3. Invest in a real and operating commercial enterprise. The business must be active and engaged in a bona fide trade or service.
4. Develop and direct the operations of the business. The investor must be in a position to control and guide the business.
5. Demonstrate that the investment will create jobs for US citizens. The business must have the potential to create employment opportunities for Americans.
E2 Visa Application Process:
The E2 visa application process is a complex and time-consuming process that can take several months. The following steps are involved in the E2 visa application process:
Step 1: Determine eligibility
The first step in the E2 visa application process is to determine whether you are eligible for the visa. Review the requirements listed above to make sure that you meet the eligibility criteria.
Step 2: Locate a US Business
The next step is to locate a US business to invest in. You can either start a new business or purchase an existing business. The business must be a real and operating commercial enterprise that has the potential to create jobs for US citizens.
Step 3: Invest in the Business
After locating the business, you must make a substantial investment in the business. The investment must be at risk and you must have control over the funds. The amount of the investment required varies depending on the type of business and the location of the business.
Step 4: Prepare the Visa Application
Once you have made the investment, you can begin preparing the E2 visa application. The application will require detailed information about your background, the US business, and the investment.
Step 5: Submit the Application
After preparing the application, you must submit it to the US embassy or consulate in your home country. The application will be reviewed by a consular officer, who will determine whether you are eligible for the E2 visa.
FAQs:
1. How long can I stay in the United States on an E2 visa?
Ans: E2 visa holders are allowed to stay in the United States for an indefinite period of time, as long as they continue to meet the requirements of the visa.
2. Can I bring my family with me on an E2 visa?
Ans: Yes, E2 visa holders can bring their spouse and unmarried children under the age of 21 with them.
3. Can I work in the United States on an E2 visa?
Ans: Yes, E2 visa holders can work for the US business that they have invested in and managed.
4. What happens if the business fails?
Ans: If the business fails, the E2 visa may be revoked. However, the investor may be able to apply for a different type of visa to remain in the United States.
5. Can I apply for permanent residency while on an E2 visa?
Ans: Yes, E2 visa holders can apply for permanent residency in the United States. However, they must meet the eligibility requirements for a different type of visa, such as an EB-5 visa.
Conclusion:
The E2 visa is a great option for foreign investors who wish to invest in and manage a business in the United States. However, the application process can be complex and time-consuming. It is important to work with an experienced immigration attorney to navigate the E2 visa procedures and ensure a successful outcome.