The United States is open for business to both local and foreign investors; the country allows foreign nationals who invest a substantial amount of money in a US business to enter the country with the nonimmigrant E-2 visa.
At Remitly we understand the value of long-term investment in another country, so we’ve prepared this comprehensive E-2 visa application guide to help you start or manage a business in the US by understanding the requirements and eligibility criteria of the E-2, and its benefits.
What is the E-2 treaty investor visa?
The E-2 visa is the US visa for entrepreneurs; it’s designed for people from qualifying countries who invest substantial amounts of money into US businesses. It allows you to enter and stay in the country temporarily if you invest a substantial amount of money in a US business.
The visa also allows certain employees and dependents of the investor to enter the US with them. They can apply concurrently with the primary E2 visa applicant, or after visa approval.
Benefits of the E-2 visa
The E-2 is a handy visa that provides the holder and their dependents a fair bit of freedom to come and go as they do business.
If you’re the primary E-2 visa holder:
- You can own, operate, and expand a business in the US
- Typically, E-2 visa processing is faster than most other visa types. It usually only takes between two and six weeks depending on your local US consulate or embassy.
- There’s no minimum business investment amount. It only needs to be substantial for the particular enterprise you’re investing in, paying 100% of the total capital.
- Although the E-2 is a nonimmigrant visa that only allows temporary residency, you may renew it indefinitely provided the business remains operational in the US and continues to meet E-2 visa requirements.
- You may enter the country multiple times as long as the visa is valid.
Benefits for the dependents of E-2 visa holder:
- Dependent family members (a spouse and unmarried children under 21 years) can join the E-2 visa holder in the US But, they must apply for their own, E-2 dependent visa.
- The E-2 accommodates your dependents irrespective of their nationality. So if you’re Colombian, but your children were born and raised in Spain, for example—no problem.
- Dependents of E-2 visa holders are granted the same period of stay as the principal E-2 visa holder.
- If you hold an E-2 visa, your spouse is automatically authorized to work in the US They can also enter the country multiple times provided the visa is valid.
- Your children can attend public or private schools in the country, up to college or university level. However, they aren’t allowed to work. Also, the E-2 dependent visa for children expires when they turn 21 or if they get married—then they have to apply for a different visa to continue their stay in the country. If you’re in this position, consider consulting an immigration expert for the best options.
E-2 visa validity period and renewal requirements
The E-2 visa is valid for a maximum of two years for your initial stay. You may extend your visa indefinitely provided the business is operational and you continue to meet the E-2 visa requirements, but only for a maximum of two years per extension.
To renew the visa, you must prove that the business is still active and generating enough income to support you and your dependents. You can file renewal paperwork with the US Citizenship and Immigration Services (USCIS) if you’re in the US But if you’re outside the country, apply at a US consulate or embassy near you.
And you must intend to return to your home country when your E-2 visa expires, or if the USCIS terminates it.
Eligibility requirements for an E-2 visa
Like any other visa, you have to meet the eligibility criteria to qualify for an E-2.
You must:
- Be a national of a country that has a treaty of commerce and navigation with the US
- Make a substantial investment in a company that the USCIS believes will generate enough income within five years to provide you with a living.
- Seek entry into the US to develop and direct the business. You must provide evidence of ownership or controlling stake (at least 50%) or being in operational control through a managerial position or other acceptable corporate control methods.
Required documentation for E-2 visa application
Your visa application must be supported by accurate and factual documentation. You’ll present these documents at the USCIS or local consulate or embassy.
- A valid passport expiring at least six months after your stay in the US ends.
- Proof of treaty between the US and your country of origin. You can always see an updated list on the Department of State website.
- Financial documents showing evidence of investment origin to establish that they’re legal and not proceeds of financial fraud like money laundering, or crime.
- A business plan outlining the company’s potential for future growth and profitability.
- Proof of ongoing operations or preparations, such as leases, invoices, contracts, or employee recruitment.
Step-by-step guide to the E-2 visa application process
Applying for a visa can be confusing at times, so here are the main steps you’ll have to go through for this one.
Step 1: Confirm you’re eligible for the E-2 visa by visiting the updated Department of State’s list of treaty countries. Also, verify that you’re financially able to invest 100% of the business’s needs and your money sources are clean and traceable.
You must also own 50% or more of the company or have operational control and pass the ‘proportionality test’. That means that you have to put in enough for it to be considered a “substantial” investment. For a very small company with a limited value, that might mean 100%. If you’re investing in a larger firm with a high value, it may be much lower.
Step 2: Set up the business in the US by incorporating your company as an LLC or corporation, obtain an Employer Identification Number (EIN), open a US business bank account, and make the investment.
You do this by transferring funds and spending money on getting the business set up, e.g., equipment, rent, and marketing. You can’t just put money into an account and leave it there—your investment has to be placed “at risk.”
This must be done before applying for the visa.
Step 3: Complete form DS-160 from the online portal. Print the DS-160 confirmation page once you finish applying (it takes 90 minutes), and present the document during the visa interview.
Step 4: Pay the non-refundable Machine-Readable-Visa fee (MRV). The rate as of this writing, is $315 USD.
Step 5: Prepare the documentation you’ll need to complete the E-2 visa application process.
You then submit all the financial, legal, and operational business documents required by most US embassies or consulates. Some consulates prefer getting this documentation at the interview stage, while others will pre-screen your documents before the interview.
Step 6: Schedule an interview.
Step 7: Attend the visa interview. The interview will be different for each person. But the consular officer may well ask you some of these common E-2 visa interview questions:
- Describe your business
- What goods or services do you provide?
- Where is your business located in the US?
- Have you already started the business? What’s its status?
- How many employees do you currently have?
- What are the business’s short-term and long-term goals?
- How much have you invested in the business?
- Who are your partners?
- Can you show proof of the source of funds?
- Have you invested already or the money is in your account?
- Please provide receipts, contracts, and invoices of how the money was spent.
- Have you run the same business before?
- How many employees do you plan to hire in the US?
- Do you plan on staying in the US permanently?
Step 8: Track the status of your visa application.
Step 9: After your E-2 visa application is approved, you can make arrangements to travel to the US and prepare for port-of-entry processing.
E-2 visa application process for employees and dependents
Once your main E-2 visa is approved, you can apply to bring along your dependents and essential employees, providing they fit all the criteria—like coming from a country on the approved list, and so on. Their application process should be shorter.
You’ll begin by filling out form DS-160 at the consulate or embassy, or form I-539 with the USCIS if you’re already in the country and need to extend or change your nonimmigrant status.
Your dependents will also have to provide documentation to prove their relationship to you, such as marriage or birth certificates.
E-2 visa processing times, costs, and timelines
The E-2 visa processing time is faster than most visa types. Expect these timelines:
- Application at the consulate or embassy: Three to 12 weeks depending on the consulate’s capacity, the country where you’re applying, and your document readiness
- Application at the USCIS: Between three and 10 weeks for premium processing and four to eight months for regular processing
The US government filing fees depend on the type of file you’ll be processing. They’re not cheap, and if you make a mistake that results in your application being rejected, you don’t get your money back. So be careful to get absolutely everything right.
- MRV fee at the consulate: $315 USD
- Form I-129 fee at the USCIS: $460 USD
- Premium processing (15-day service): $2,805 USD
- Form I-539 for dependents: $470 USD
Additional costs you may incur include the administration fees for business incorporation, the cost of an immigration attorney (which is optional but well worth considering), translation and notary services if your documents are in certain languages, and a business plan if you hire an expert to write one.
Common challenges of the E-2 visa application process
As you can tell, the E-2 visa application process isn’t particularly straightforward. Sometimes it’s demanding for candidates, with these being some of the most common challenges you might face, and possible solutions.
| Common E-2 visa application challenge | Possible solutions |
| Proving substantial investment | There’s no minimum amount you can spend when investing in the US under the E-2 visa and each case is assessed individually. Present documentation like invoices, contracts, and business plans to prove your investment is substantial. |
| Visa denial due to incomplete business plans or financial records. | Seek professional assistance to create a robust business plan and ensure financial documentation is thorough. |
| Difficulties in demonstrating ongoing control over the business. | Clearly document your ownership interest and your role in the day-to-day operations and decision-making. |
Begin your business journey in the US
The process can be challenging, but with good preparation, expert legal guidance, proper documentation, and a clear strategy for your business, you can simplify this seemingly complex process.
Take charge of your US business opportunity and start your E-2 visa application today or connect with a trusted immigration expert for personalized guidance. We wish you all the best as you plan your stay and work in a land of many opportunities.
FAQs
What qualifies as a “substantial investment” for the E-2 visa?
There’s no minimum amount you can spend when investing in the US under the E-2 visa, but if it’s a small company, you’ll have to invest a higher percentage of the total capital than in a larger firm. The proportionality test, which is done on a case-by-case basis, determines whether the US authorities are happy your investment is substantial enough.
Can E-2 visa holders bring family members with them?
Yes. E-2 visa holders can bring family members, but they’ll each need to make their own visa application. They’ll remain in the country as long as the principal E-2 visa holder’s stay is valid.
Your spouse is authorized to work in the country and your children may attend public or private schools, up to college or university level.
How long does the E-2 visa application process take?
It depends if your application is at the USCIS or at a consulate. Application at the consulate or embassy takes three to twelve weeks depending on the consulate’s capacity, the country, and your document readiness. An application at the USCIS takes between three and ten weeks for premium processing and four to eight months for regular processing.
Does an E-2 visa lead to a green card?
The E-2 visa is a nonimmigrant visa, so it doesn’t offer a pathway to a green card. However, many E-2 visa holders do transition to green cards using other paths.
Your immigration intent must be clear every time you renew the E-2 visa: you must show that you intend to return to your home country.
What types of businesses qualify for an E-2 visa?
There is no specific list of qualifying businesses. However, the enterprise must be real, active, and for-profit. Your investment must be substantial and at risk. This means that you can invest in the US as long as the business is legal and meets the criteria for the E-2 visa.