The E-2 Treaty Investor Visa is one of a number of visas offered by the United States to residents of the more than 30 nations with which it has trade agreements.

With an E-2 visa, people can travel to the United States to open a business or office if they have a considerable amount of money to invest.

One of the key benefits of the E-2 visa is its ability to be extended indefinitely or for as long as the relevant business is viable. 

It is important to note here that this visa does not grant residency (i.e., a Green Card). While green cards are permanent, the E-2 visa is nonimmigrant, making it temporary. 

The minimum investment amount for a green card through investment is $500,000, whereas there is no minimum investment requirement for an E-2 visa.

Now that we know what an E-2 Visa is let's find out what its requirements are, the fee involved, and how long the process will take. 

Requirements For E-2 Visa

Primarily there are six main requirements to acquire an E-2 visa. Following are these requirements: 

  • A citizen of a country with which the United States has a pertinent treaty is eligible for the application.
  • The candidate must be either the owner of the U.S. business or a crucial employee such as an executive, supervisor, or someone with critical skills. 
  • The candidate must be coming to work in the United States for a business that they either own or that is at least 50% owned by other nationals of their home country.
  • The applicant or the organization must have invested a considerable amount in the American company. Although there is no set legal minimum, the candidate or company must be risking money or other assets, aim to make a profit, and have a sizable investment relative to the nature of the business.
  • In order to conduct business in its state or region, the U.S. business must be actively carrying out commercial activities and comply with all applicable legal requirements. Additionally, it cannot just be an investor's means of support. The primary objective of the treaty investor visa is to generate employment for U.S citizens.
  • Although it is not necessary for the applicant to hold a foreign residence abroad, the applicant must have the intention to leave the United States once their business operations in the country are closed. The applicant will probably be required to provide the U.S consulate with proof of eventual departure plans.

Dependents Of E-2 Visa Holders

E2 visa applicants' spouses and dependents are also eligible to apply for these visas, and they typically receive the same length of stay as the primary E2 visa holder. E2 dependents and spouses are not required to have the same nationality that the primary applicant has.

The spouse is permitted to work. However, applying for work authorization, which could take a few months, is generally a better idea. Unfortunately, under the E2 Treaty Investor visa category, children under the age of 21 cannot work but may study. Children with E2 visa status who turn 21 years old must find another US visa category in order to remain in the country.

E-2 Visa Processing Time

The time it takes to obtain an E-2 visa can range from 2 weeks to 5 months, depending on the consulate you want to apply to. The consulate will schedule an interview with the applicant following the initial review.

For a fee of $1,225, E-2 premium processing is available. Within 15 days, USCIS will either approve, reject, or issue a Request for Evidence (RFE). It is important to note here that if USCIS issues an RFE, they will decide the case again after 15 days of receiving the new evidence. 

How Can RB Law Help You?

The entire process of applying for an E-2 Visa is quite lengthy as well as very complex. Due to this reason, a lot of applicants can make mistakes while preparing the application. However, with assistance from RB Law, you can easily carry out this process and increase your chances of getting the visa. 

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