The Definitive Guide to Applying for the E-2 Visa

The E-2 Visa gives investors and entrepreneurs from across the world the opportunity to develop and direct a business in the United States. Like most U.S. visas, applying for the E-2 Visa is a process that entails specific procedures and requirements. Jurado & Farshchian immigration attorneys can assist you with all of the following steps and qualifications.

Qualifying for the E-2 Visa

Before you get started on applying to the E-2 Visa, you should determine whether you meet the requirements for approval.

• Being a citizen of an E-2 Visa country. The E-2 Visa is available only to those who have citizenship of a country that has ratified a commercial or navigation treaty with the United States. You can find a list of the qualifying E-2 “Treaty Countries” on our website: www.jflawfirm.com/e-2-visa-countries. Bear in mind that major trading partners such as Brazil, China, and India are not among qualifying nations.
• The business is majority-owned by qualifying citizens. A minimum of 51 percent of the business you will develop or direct must be owned by citizens of a treaty country.
• The investment into the business is “substantial.” What constitutes a substantial investment is not determined on the basis of any dollar amount. Rather it is based on how much is needed for an existing business to be developed or a new one to be established. Even investing as little as $57,000 can qualify if you prove that it will expand the business’ operations or functions.
• The investment funds are your own. The funds must come from accounts that you own. Personal loans from family or friends are accepted provided that the business is not being used as collateral. The investment capital can also come from gifts so long as they are made to an account you control.
• The business is a bona fide and non-marginal enterprise. This means that it must be a fully operating and active commercial entity that provides goods and services for a profit. A non-marginal business is one that can produce enough revenue to support other personnel besides the E-2 Visa holder and their family.

Our attorneys can help you figure out whether you meet these above qualifications and whether the E-2 Visa is the best option for the commercial activities you have in mind in the U.S.

Gathering the Necessary Paperwork and Documentation for the E-2 Visa

Once you have determined that the E-2 Visa is right for you, the following forms, documents, and paperwork must be prepared, gathered, and presented to U.S. Citizenship and Immigration Services (USCIS):

• Form DS-160, Nonimmigrant Visa Application (required for all nonimmigrant visas)
• Form DS-156E, Treaty or Trader Investor Application (specific to the E-2 Visa)
• Any documents that prove your company is majority-owned by citizens of a treaty country (such as filing documents and share certificates)
• Proof that the enterprise is bona fide, such as tax returns, financial statements, business licenses, payroll summaries, and so on. If the business is not yet established, provide an executed lease agreement, U.S. corporate filings, or U.S. employer identification number (EIN).
• A passport with a validity date at least six months after your intended period of stay
• Proof of the funds invested (bank and financial statement)

If you are lawfully in the U.S., you can submit your application and relevant documents to the USCIS Service Center closest to your area. If you are applying from abroad, you will need to submit your application to a U.S. consular office.