How Does the Application Process Work?
Step 1: Initial Consultation and Assessment of Eligibility
The first step is determining if the person or company qualifies for an E-2 visa. The nationality of the person or company, the size and risk of the investment, and the foreign national’s involvement in the U.S. business are assessed.
Step 2: Establishment of Business in the U.S. (if not already established)
If the company hasn’t been established yet, the first step is to set up the business entity in the United States. This involves registering the company according to the laws and regulations of the state where it will operate. This phase includes selecting a business structure (LLC, Corporation, etc.), registering with state and federal agencies, acquiring the required licenses and permissions, opening a business bank account, and starting to conduct business activities.
Step 3: Collection of Necessary Documents
The next step is gathering the necessary records to demonstrate the foreign national’s suitability for an E-2 visa. This process includes obtaining records, comprehensive details regarding U.S. business operations, E-2 investment evidence, and the source of investment documentation. Collaborating closely with the client to ensure all necessary documentation is obtained is important at this phase of the process.
Step 4: Preparation of the Application Package
Compiling the application package entails assembling the required paperwork, such as a cover letter outlining the applicant’s eligibility for an E-2 visa, creating a thorough business plan that details the U.S. enterprise’s operating strategies and viability, pertinent paperwork, proof of substantial investment, and an acknowledgment of fee payment.
- Filling Necessary Forms and Paying Fees: Depending on the applicant’s current location and immigration status, sending the completed E-2 visa application to the appropriate U.S. embassy or consulate. Filling out the necessary forms—Form DS-160 and Form DS-156E for treaty investors and staff, etc.—and paying the relevant application costs.
- Change of Status Application: The applicant may choose to apply for an E-2 visa if they are currently in the U.S. on a different non-immigrant classification, such as B2 tourist status. The application will change status if it is approved by the USCIS. The applicant can then apply for the E-2 visa at a U.S. embassy or consulate following USCIS approval.
Step 5: Visa Interview
Arranging and attending a visa interview at a U.S. embassy or consulate is necessary if you are applying from outside the U.S. To answer inquiries about the investment and the works of the U.S. Business, the applicant must be ready to answer the questions about the investment and provide more supporting documentation if requested.
Step 6: Visa Issuance
The applicant will obtain the E-2 visa after approval, either as a separate document or with a stamp on their passport.
What Are the Benefits of the E-2 Visa?
The E-2 visa offers several advantages to investors seeking to establish and manage businesses in the United States:
a. Temporary Stay
E-2 visa holders can live and work in the U.S. for an initial period of two years, with the possibility of extensions as long as the qualifying investment and business operations continue.
b. Flexibility in Employment
E-2 visa holders can work in their own U.S. enterprise or engage in self-employment activities related to the investment.
c. Unlimited Extensions
E-2 visa holders can request unlimited extensions as long as they continue to meet the eligibility requirements and maintain investment and business operations.
What Are the Required Application Documents?
When applying for the E-2 visa, applicants must submit a comprehensive set of documents to support their eligibility and investment. The following documents are commonly required:
a. Treaty Country Evidence
Documentation proving the applicant’s nationality and the existence of a qualifying treaty of commerce and navigation between the treaty country and the United States.
b. Investment Documentation
Evidence of substantial investment, such as bank statements, financial statements, purchase agreements, leases, and invoices.
c. Business Plan
A detailed business plan outlining the nature of the investment, the business objectives, the source of funds, and the projected financial performance of the U.S. enterprise.
d. Ownership and Control Documentation
Proof of ownership or controlling interest in the U.S. enterprise, such as stock certificates, membership certificates, or partnership agreements.
e. Source of Funds Documentation
Documentation demonstrating the legal source of the investment funds, including bank statements, tax returns, sale of assets, or loan agreements.
