E-2 FAQ

The Immigration and Nationality Act of 1924 created the treaty trader class nonimmigrant visa (E-1). The increase in foreign investment precipitated the creation of the E-2 visa in 1952. The list of eligible countries (known as treaty countries) for the E-2 visa has grown to encompass about 80 countries.

In short, the requirements are as follows:

– Be a national of a treaty country
– The investment must be substantial and at risk
– Investor must be coming to the U.S. to develop and direct the enterprise

For more detailed information, click on the following links:

– Application Process can be less than 3 months long
– Less stringent requirements than the EB-5 visa
– Can purchase an existing company
– Possibility of Investment Diversification
– Investment Requirement is determined case-by-case, but normally $100,000 dollars will suffice (compared to EB-5: $500,000+)
– No Job Creation or Business Plan required
– Unlimited renewals of five (5) years with authorized, flexible stays of two (2) years at a time
– Spouse can obtain Employment Authorization
– Dependents can attend school without restrictions
– Potential pathway to Permanent Residence
– Flexibility on U.S. tax exposure

https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors
https://travel.state.gov/content/travel/en/us-visas/…/treaty-trader-investor-visa-e.html

The United States Citizenship and Immigrations Services and Department of States websites provide non-immigrant investment visa information.

I-129 Basic Filing Fee* $460
DS-160 Fee* $205
Optional: Premium Processing Fee* $1225

Generally speaking, you should receive a decision within 3 months. However, this can only be feasibly accomplished by filing with USCIS and paying the Premium Processing Fee or applying at a U.S. consulate/embassy abroad. Variables also include the business of said consulates/embassies and your own industriousness in obtaining the requisite supplementary files.

For more information, click the following links:

The visa allows a maximum initial stay of two uninterrupted years within a 4 or 5 years time period (varies according to specific treaty country). There is no limit to the amount of extensions you can obtain.

If a business is for-profit and bona fide, then it is likely eligible. However, passive and speculative investments (e.g. real estate, stock or loans) are not.

Furthermore, joint ventures are permitted, as long as the applicant is either the principal investor or employed in a supervisory, executive or highly specialized skill capacity.

The Behar Law Group personally recommends investments into Franchises. For more information on the types of franchises available and the steps to complete such an application, click the following links:

Once they receive approval, your spouse can immediately work. Additionally, your minor children and/or spouse will face no restrictions in school enrollment.

For more information, click the following link:

Generally speaking, the E-2 does not allow the eventual attainment of a Green Card because it is for temporary workers. Furthermore, once your children turn 21 years old, they will be forced to leave the country.

The exception is to obtain permanent residency via an affiliate company…

If you do not want to manage your own business, consider an EB-5 (Immigrant Investor) Visa. For more information, visit https://eb-5lawyers.com

If the treaty investor is currently in the U.S. in a lawful nonimmigrant status, he/she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

If you are an applicant, you will be scheduled for an interview at the end of the DS-160 (Nonimmigrant Visa Application) and DS-156E (Nonimmigrant Treaty Trader/Investor Application) processes. Your interview will take place at either the U.S. Consulate/Embassy in your home country or at the U.S. Citizenship & Immigration Services Office in the U.S. if you are in the U.S.

Usually, interviews are scheduled about three (3) weeks in advance so you should have enough time to prepare. As soon as your interview is scheduled, our office will send you information regarding: your medical exam, documentation required for the interview, creation of your consular account, and other basic instructions.

The purpose of the interview is for the U.S. authorities to verify the information provided in your application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the applicant seeking temporary residence in the United States. After reviewing the contents of your application, analyzing your documents, and studying your responses to the interview questions, the officer will make a determination as to your admissibility to the United States as a nonimmigrant.

Prior to your appearance at the interview, it is recommended that you become familiar with the contents of your DS-160 and especially your DS-156E application, including the project details as well as the source and path of funds for your E-2 investment. You may also be asked about your employment and immigration history, your investment, and the terms and location of your E-2 investment. Our office is able to provide you with a digital copy of your DS-156E application package which contains all of this information in the event you need to review it prior to the interview date.

E-2 VISA EMBASSY OR CONSULATE QUESTIONS EXTREME VETTING.docx

Click the following link to see our firm’s prodigious list of qualifications:

Hopefully these suggestions will make this difficult immigration phase a little easier and more pleasant. Good planning is essential to success. Should you need additional information, please contact office.