US E2 Visa Program
Overview
The E-2 visa is a type of nonimmigrant visa that allows individuals who are citizens of certain countries to come to the United States to develop and direct the operations of a business in which they have invested a substantial amount of money. The E-2 visa is available to individuals who are either investors or employees of qualifying businesses.
To be eligible for an E-2 visa, the applicant must be a citizen of a treaty country. A treaty country is a country that has a treaty of commerce and navigation with the United States.
In addition to being a citizen of a treaty country, the applicant must also have invested or be in the process of investing a substantial amount of money in a U.S. business. The exact amount of money that is considered "substantial" varies depending on the type of business and other factors, but generally, the investment must be sufficient to ensure the success of the business.
Finally, the applicant must be coming to the United States to develop and direct the operations of the business. This means that the applicant must be involved in the day-to-day management of the business and must have a significant level of control over its operations.
If granted, an E-2 visa allows the applicant to stay in the United States for up to two years. The visa can be extended for additional two-year periods as long as the applicant continues to meet the eligibility requirements.
Who can Apply for an E-2 Visa while present in the USA?
In general, individuals who are already present in the United States may be eligible to apply for a change of status to E-2 nonimmigrant status if they meet the eligibility requirements. This means that they can apply for an E-2 visa without leaving the United States.
To be eligible for a change of status to E-2 nonimmigrant status, an individual must:
Currently be in the United States in a lawful nonimmigrant status;
Be eligible for E-2 status;
Submit a complete and accurate application for a change of status before their current nonimmigrant status expires; and
Not have violated the terms of their current nonimmigrant status.
Individuals who are present in the United States in certain nonimmigrant statuses, such as the B-1/B-2 visitor status, may be eligible to change to E-2 nonimmigrant status. However, it's important to note that changing status to E-2 nonimmigrant status does not provide a path to permanent residence or a green card.
E2 Visa Process
The process for obtaining an E-2 visa can be broken down into several steps:
Determine eligibility: The first step is to determine if you meet the eligibility requirements for an E-2 visa. As mentioned earlier, this includes being a citizen of a treaty country, having invested a substantial amount of money in a U.S. business, and coming to the United States to develop and direct the operations of the business.
Form a U.S. business: The next step is to form a U.S. business that will be the subject of your E-2 visa application. This can involve setting up a new business, purchasing an existing business, or investing in an existing business.
Prepare and submit an E-2 visa application: Once you have formed a U.S. business, you can begin preparing your E-2 visa application. This will involve completing various forms, submitting supporting documentation, and paying the required fees. You will also need to schedule an interview with a U.S. embassy or consulate in your home country.
Attend the visa interview: At your visa interview, you will be asked questions about your business, your investment, and your plans for developing and directing the business in the United States. You may also be asked about your ties to your home country and your plans for returning there after your E-2 visa expires.
Wait for a decision: After your interview, you will need to wait for a decision on your E-2 visa application. If your application is approved, you will receive your visa and can travel to the United States to begin developing and directing your business. If your application is denied, you may be able to appeal the decision or reapply at a later date.
What are the required documents to file an E2 visa?
The specific documents required to file an E-2 visa application can vary depending on your individual circumstances and the U.S. embassy or consulate where you apply. However, in general, the following documents will be required:
DS-160 Nonimmigrant Visa Application: This is the online form that you will need to fill out and submit in order to apply for an E-2 visa.
Valid passport: You must have a valid passport that will not expire for at least six months after your intended period of stay in the United States.
Application fee: You will need to pay the application fee for your E-2 visa at the time of your application.
Proof of investment: You will need to provide documentation showing that you have made a substantial investment in a U.S. business. This may include bank statements, financial statements, and other documents related to your investment.
Business plan: You will need to provide a detailed business plan outlining the nature of your U.S. business, your investment, and your plans for growth and job creation.
Proof of source of funds: You will need to provide documentation showing the source of the funds used for your investment in the U.S. business. This may include bank statements, tax returns, and other financial documents.
Resume/CV: You may be required to provide a resume or curriculum vitae (CV) outlining your education, work experience, and other relevant background information.
Documentation of any relevant licenses or certifications: If you are applying for an E-2 visa based on your expertise in a particular industry or field, you may be required to provide documentation of any relevant licenses or certifications.
Is it possible to exchange the E2 visa with EB5 in the US?
Yes, it is possible to exchange an E-2 visa for an EB-5 visa in the United States. However, there are certain requirements that must be met in order to be eligible to do so.
The EB-5 visa is a type of immigrant investor visa that requires a minimum investment of $900,000 in a U.S. business that will create at least 10 full-time jobs for U.S. workers. To qualify for an EB-5 visa, you must meet certain investment and job creation requirements, as well as other eligibility criteria.
If you are already in the United States on an E-2 visa, you may be able to transition to an EB-5 visa by investing additional funds in your U.S. business and meeting the requirements for an EB-5 visa. This can be a complex process, and it's important to consult with an experienced immigration attorney to understand your options and ensure that you are following the correct procedures.
It's worth noting that the E-2 visa and the EB-5 visa are two separate programs with different requirements and benefits. While the E-2 visa allows for temporary residency in the United States and requires a lower minimum investment, the EB-5 visa provides a path to permanent residency and requires a larger investment. The best option for you will depend on your individual circumstances and goals.
Let Us Help You!
While it’s possible to file for your E-2 visa independently, it’s important to recognize that this critical process involves numerous considerations, extensive documentation, and complex legal requirements. At Aveen Capital, we collaborate with authorised E-2 visa partners in the U.S. to provide you with expert guidance, ensuring a smooth application process and minimizing the risk of errors. Let us simplify the journey to your E-2 visa success.
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