1. What documents are required to apply for an E-2 Treaty Investor Visa?

To apply for an E-2 Treaty Investor Visa, you will need the following documents:

1. An unexpired passport

2. A completed nonimmigrant visa application form.

3. A photograph taken within the last 6 months.

4. An evidence of business ownership and investment in the U.S.

5. Evidence of a substantial business investment such as bank statements, contracts, or other documents.

6. Evidence of the nationality of the investor, such as a birth certificate or passport from the treaty country.

7. Evidence that the enterprise is engaged in substantial trade or investment in the U.S., such as financial statements, tax returns, or records of commercial transactions.

2. How long is an E-2 Treaty Investor Visa valid for?

The E-2 Treaty Investor Visa is generally valid for two to five years, depending on the country of origin. The visa can be renewed indefinitely as long as the holder continues to fulfill the requirements of the visa.

3. What is the difference between an E-2 Treaty Investor Visa and an E-1 Treaty Trader Visa?

An E-2 Treaty Investor Visa is granted to foreign nationals of a treaty country who wish to invest capital in a U.S. business. The focus of the E-2 visa is on investing capital and developing a business in the U.S.

An E-1 Treaty Trader Visa is granted to foreign nationals of a treaty country who wish to engage in substantial trade between their home country and the U.S. The focus of the E-1 visa is on international trade.

4. Is there a minimum investment threshold that must be met in order to qualify for an E-2 Treaty Investor Visa?

Yes, the United States Citizenship and Immigration Services (USCIS) requires that there be a “substantial” investment in the business. This usually means that the individual must invest enough capital to ensure the successful operation of the business. The exact amount that is considered “substantial” will depend on the type of business, but generally it should be at least $100,000 or more.

5. Is it possible to extend my E-2 Treaty Investor Visa?

Yes, the E-2 Treaty Investor visa can be extended beyond the maximum period of stay authorized by USCIS. To extend the visa, you must submit an application to the local U.S. Embassy or Consulate in the country where you are a citizen or national.

6. Are dependent family members eligible for E-2 Treaty Investor Visas?

Yes, dependent family members, such as children under the age of 21 and spouses, may be eligible for E-2 Treaty Investor Visas.

7. What kind of proof do I need to demonstrate my treaty country nationality?

The type of proof you need to demonstrate your treaty country nationality will depend on the specific country you are a citizen of. In some cases, you may need to provide a passport, birth certificate, or other form of government-issued identification. Other countries may require additional documents such as a certificate from the consulate or embassy of your country of origin.

8. What is the processing time for an E-2 Treaty Investor Visa?

It typically takes between 8 and 10 weeks to process an E-2 Treaty Investor Visa. However, processing times can vary depending on a variety of factors, including the complexity of the application and the workload of the particular consulate or embassy processing the application.

9. Are there any restrictions on the type of business that can be used to qualify for an E-2 Treaty Investor Visa?

Yes, there are restrictions on the type of business that can be used to qualify for an E-2 Treaty Investor Visa. Generally, the business must be more than a marginal one that only produces enough income to provide a living for the investor and their family, and it must be able to generate more income than just to provide a living. The business must also be at least 50% owned by nationals of the treaty country. Additionally, the investment must be substantial in relation to the total cost of either purchasing an existing business or creating a new one. The investment must also be committed to the enterprise and unable to be taken away for personal use.

10. What documentation do I need to provide to demonstrate that I am the controlling owner of a business used to qualify for an E-2 visa?

To qualify for an E-2 visa, you must provide evidence that you have a controlling ownership of the business. The type of documentation accepted will vary depending on the type of business you are operating. Generally, the documents you will need to provide include: articles of incorporation or registration, business licenses, and/or a shareholders agreement. You may also need to provide evidence of ownership, such as bank statements, tax records, and/or financial statements.

11. How much money do I need to show that I have available to invest in a business in order to qualify for an E-2 visa?

The amount of money required to qualify for an E-2 visa varies from one case to another. Generally, the minimum amount necessary to invest in a business is $100,000, although this may be higher depending on the type of business. Additionally, the investment must be substantial and active. The amount of money required to qualify for the visa also depends on whether the applicant is applying for a new or existing business.

12. Are there any taxes or other fees associated with obtaining an E-2 Treaty Investor Visa?

Yes, there are fees associated with obtaining an E-2 Treaty Investor Visa. The filing fees for the E-2 visa include a base filing fee, biometric services fee, and the fraud prevention and detection fee. Additionally, if the applicant is not from a visa waiver country, they must pay a visa issuance fee. Depending on the country of origin, there may also be additional consular fees.

13. Do I need a lawyer to apply for an E-2 Treaty Investor Visa?

It is not required to have a lawyer for the E-2 Treaty Investor Visa application process, but it is recommended. Having an experienced and knowledgeable lawyer to assist you with the application can help ensure that your application is complete and correct, and that you are aware of the eligibility requirements.

14. Are there any travel restrictions related to having an E-2 Treaty Investor Visa?

Yes. While holders of an E-2 Treaty Investor Visa are allowed to travel within the United States, they must also travel outside of the country every two years to maintain their visa status. Additionally, they must obtain a valid travel document from the Department of Homeland Security before they are able to travel internationally.

15. Is is possible to work with a third party on a qualifying investment and still be eligible for an E-2 visa?

Yes, it is possible to work with a third party on a qualifying investment and still be eligible for an E-2 visa. The third party must be closely related to the investor, typically an entity owned or controlled by the investor or their family members, and the third party’s actions must be consistent with the investor’s intent to create a viable business. The investor must remain in control of the enterprise and be able to demonstrate that the investment is substantial and at-risk. Additionally, the investor must demonstrate that they have invested or will invest a substantial amount of capital into the business.

16. What is the process for applying for E-2 Treaty Investor Visas online?

The process for applying for an E-2 Treaty Investor Visa online involves first submitting an online application form (Form DS-160) to the U.S. Embassy or Consulate where the applicant will be interviewed. After submitting the form, the applicant must pay the MRV (Machine Readable Visa) fee and schedule an interview appointment. During the interview, the applicant will need to provide supporting documentation such as evidence of investment funds, a business plan, proof of treaty eligibility, and proof of English language proficiency. Once approved, the applicant will receive their visa in the mail.

17. What evidence do I need to provide to demonstrate my intention of departing the US upon the expiration of my visa?

You will need to provide evidence of your ties to your home country, such as proof of employment, financial records, family ties, etc. You may also need to show that you have sufficient funds to support yourself during your stay in the US. Additionally, you may need to provide proof of travel arrangements, such as plane tickets, to show that you intend to depart the US upon the expiration of your visa.

18. What are the requirements for maintaining status while in the US on an E-2 Treaty Investor Visa?

In order to maintain status while in the US on an E-2 Treaty Investor Visa, the following requirements must be met:

1. The holder must be engaged in substantial and continuous investment in a US business that they are controlling.

2. The holder must have a valid passport from the treaty country.

3. The holder must not abandon their business operations in the US.

4. The holder must not engage in any unauthorized activities while in the US, such as working without authorization or engaging in activities that are not allowed under the visa.

5. The holder must comply with all requirements for reporting to immigration authorities, including filing any required forms and informing immigration officials about any changes in their circumstances.

6. The holder must remain in compliance with all applicable laws and regulations of the US during their stay.

19. In what instances would USCIS deny an application for an E-2 Treaty Investor Visa?

USCIS may deny an application for an E-2 Treaty Investor Visa if the applicant is unable to demonstrate:

1. The applicant has invested, or is actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States;

2. The applicant’s investment is more than a marginal one solely for earning a living;

3. The applicant is a national of a country with which the United States has a treaty of commerce and navigation;

4. The applicant is coming to the United States to develop and direct the investment enterprise; and

5. The investment enterprise is not established primarily for the purpose of speculative or passive investment.

20. Can I apply for permanent residency in the US if I am approved for an E-2 Treaty Investor Visa?

No, the E-2 Treaty Investor Visa is a nonimmigrant visa, meaning that it is not a path to permanent residence in the US. To apply for permanent residence, you will need to apply for a different visa or become eligible for a green card through other means.