Top E-2 Visa Requirements for Investors

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What Is an E-2 Visa?

The E-2 visa allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. The applicant needs to be from a country that the U.S. maintains a treaty of commerce and navigation.

The applicant can also be from a country that the U.S. maintains a qualified international agreement with. The employees of the investor may also be eligible for an E-2 visa. If you’re interested in applying for an E-2 investor visa, it is important to understand the top requirements needed to apply.

The E-2 visa is one of the few visas that were not blocked from the recent immigration ban. If you want to apply for an E-2 visa, contact our Chicago immigration attorneys today at (312) 471-0014!

Requirements & Qualifications Needed for an E-2 Visa

A treaty investor must meet specific requirements when applying for an E-2 visa. If the treaty investor or employee is a lawful nonimmigrant in the United States, they can request a change of status to E-2 classification.

Below are some of the qualifications needed to apply for an E-2 visa:

  • Be a national of a country that the U.S. maintains a treat of commerce and navigation with
  • Have invested or is actively in the process of investing a significant amount of capital in a bona fide business in the United States
  • Is seeking to enter the U.S. to develop and direct the investment (you would need to prove this by establishing at least 50% ownership of the business, or possession of operational control by having a managerial position)
  • The investment must be the placing of capital, including funds or other assets
  • The capital must be subject to partial or total loss if the investment fails

What Is Considered a “Substantial” Investment for an E-2 Visa?

There is no specific amount that a person needs to invest to qualify for an E-2 visa. However, it does have to be “substantial” in relation to the total cost of the business being purchased or established.

It also has to be “substantial” enough to ensure that the investor’s financial commitment will increase the likelihood of success for the business. The business that the applicant is investing in also needs to be a “bona fide enterprise,” according to the USCIS.

This means that the company needs to be real, active, and operating commercial or entrepreneurial undertaking of goods or services. It must also follow the legal requirements within its jurisdiction.

What Is the Period of Stay for an E-2 Visa Holder?

E-2 visa holders are allowed to remain in the U.S. for a maximum of two years. However, if the visa holder requests an extension to stay, they may be granted in increments of two years.

There isn’t a limit on how many times an E-2 visa holder can request an extension. The USCIS does state that the visa holder must still expect to leave the U.S. when their visa status expires or when their extension request is denied.

How Our Experienced Chicago Immigration Attorneys Can Help

If you are an investor who wants to apply for an E-2 visa, our team at Panteva Law Group, LLC is here to help you. Applying for an E-2 visa can be complex, so it is best to have an experienced attorney guide you through the process.

Our immigration attorneys are dedicated to the success and empowerment of each of our clients. We have the skills, experience, and knowledge needed to help you obtain your desired results. With our team on your side, you can rest assured that you will be guided through the process from beginning to end.

Have additional questions regarding E-2 visas and the E-2 visa process? Contact our Chicago immigration lawyers today at (312) 471-0014 to schedule a case review!

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