Guide to E-2 Visas

E-2 visas are nonimmigrant visas for treaty investors who are nationals of one of a long list of countries that uphold a treaty of commerce and navigation with the United States. Treaty investors who qualify invest significant quantities of capital into U.S. business. Employees of eligible treaty investors can also be eligible for E-2 classification.

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Rebecca I. Pathak

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Call us today at 818-843-1185, so that we can answer your questions, provide initial consultation on your immigration matter, assess how we can help you or can point you in the right direction as you take on this important and life-changing pursuit.

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Who is Eligible for E-2 Visas?

 

As an E-2 treaty investor or employee of a treaty investor, the following standards must be met:

  • Investment must be significant and committed, enough to largely contribute to successful enterprise operations

  • The enterprise invested in must be real and operating

  • At a minimum, 50% of the enterprise must be owned by those of treaty country nationality

  • Investment must have a substantial impact in the U.S. and generate much more income than providing a living for your family

  • Investment funds cannot be in the form of a loan secured using assets of the investment enterprise and must possess commercial risk

  • Your purpose for entrance into the U.S. must be to contribute to the direction and development of the enterprise, either as a principal investor or critical employee with an executive, supervisory or highly specialized role

  • You as the principal investor or if an employee, your investor must have citizenship with a treaty country

What Must You Do to Obtain Your E-2 Visa?

If you are currently in the U.S. with a lawful, nonimmigrant status, you as principal investor, or your employer if you are an employee, can file form I-129, Petition for Nonimmigrant Worker, to change your status to E-2 status.

 

If you are outside of the U.S., the first form that you must correctly and completely fill out is Form DS-160, which includes a photo of you.

 

Then, at the interview that you scheduled at the U.S. embassy or consulate, you will need to present the following:

  • A valid passport for travel to the U.S. that is valid for at least six months beyond your intended period of stay in the U.S.

  • Your Nonimmigrant Visa Application Form DS-160 confirmation page

  • Application fee payment receipt in the case that you are required to pay before your interview or fee payment at the interview

  • Your completed Form DS-156E, the application for Nonimmigrant Treaty Traders/Treaty Investors

  • You may be asked to present additional materials to exhibit that your investment enterprise complies with requirements of the law and standards of eligibility

To ensure that you meet the specifications of your U.S. embassy or consulate, you will need to adhere to the specific instructions provided by your specific U.S. embassy or consulate.

Can Your Spouse and Children Accompany You in the United States?

Yes. Your spouse and unmarried children under the age of 21 are also eligible to apply for E visas to accompany you during your stay in the U.S.

 

Where to Begin?

 

As you go through this emotional and demanding process, it can make a world of difference to have specialized help. At Pathak and Feldman Law, serving Burbank, CA and the Los Angeles area, we’re here to provide caring, knowledgeable assistance from start to finish of your E-2 visa petition.

Call us at 818-843-1185 today to schedule a consultation!