E2 Visa (Treaty Investor)
For investors from treaty countries who have invested or are actively investing in a U.S. business, allowing them to direct and develop their enterprise.
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To be eligible for an E-2 visa, you must:
1- Engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country;
2-Develop and direct the operations of an enterprise in which you have invested a substantial amount of capital; or
3-work for the E visa enterprise as an executive, supervisor, or essentially skilled employee.
Eligibility Criteria:
1-The U.S. enterprise must be at least 50% owned by Pakistani nationals.
2-Investment must be substantial and committed, not in uncommitted or revocable funds.
3-The enterprise must be a real, operating commercial venture, generating income beyond basic living needs or having significant economic impact.
4- The principal investor must come to the U.S. to develop and direct the enterprise.
5- Non-principal investors must hold a supervisory, executive, or essential role in the business or essential skills role necessary for the enterprise.
Key Requirements:
1- Nationality: The applicant must be a national of a treaty country. This includes countries like Pakistan, Mexico, Japan, the UK, and many others.
2. Substantial Investment: The investment must be substantial relative to the cost of the business. The funds should be sufficient to ensure the success of the enterprise and must be irrevocably committed to the business.
3. Ownership and Control: The investor must own at least 50% of the U.S. enterprise, and the business should have a real and active presence, not just passive investments.
4. Marginality: The business must generate more than enough income to support the investor and their family or have the potential to make a significant economic contribution in the U.S.
5. Employees: If not the principal investor, the applicant must be coming to the U.S. in a supervisory, executive, or essential skills role necessary for the enterprise.
Application Process
To apply for an E-2 visa, applicants must:
1. Complete Form DS-160 (Non-Immigrant Visa Application) and Form DS-156E.
2. Prepare and provide supporting documents, such as a comprehensive business plan, financial statements, and evidence of investment funds.
3. Attend an interview at a U.S. embassy or consulate.
Duration and Renewability
The E-2 visa is initially granted for two years and can be extended in two-year increments. There is no maximum number of renewals as long as the enterprise remains operational and the investor continues to meet the visa requirements.
Family Benifits
The spouse and children (under 21) of the E-2 visa holder can accompany them. Spouses can apply for work authorization in the U.S., while children can attend school but cannot work.
Key Differences Between E-2 & E-1 Visas
While both the E-1 (Treaty Trader) and E-2 visas are for nationals of treaty countries, the E-1 visa focuses on substantial trade, whereas the E-2 visa is based on substantial investment in a U.S. business. Additionally, the E-2 visa requires proof of irrevocably committed investment funds.
Application Document for Treaty Investor (E-2) Visa
1-Submitted applications must be one single PDF file clearly divided into sections with a clickable table of contents and with a maximum of 70 pages (excluding the G-28 form).
2-Please do NOT include additional documents that are not specifically requested below.
3-Files of more than 70 pages will not be accepted.
4-Physical files will neither be reviewed nor returned if received
U.S. Company Articles of Incorporation/Articles of Organization/Formation Documents:
These are the documents that you get when you register your company. They are crucial documents to have with your E2 visa case. This can include a certificate of incorporation, operating agreement, and other documents that show ownership of the business.
Proof of Investment Made:
E2 investors will need to document their investment. Some of the documentation may include bank statements evidencing the transfer of investment funds from the investors personal bank account to the US company business bank account. Additional evidence will include the US company bank statements evidencing incoming investment funds, wire receipts, receipts/purchase orders for business-related expenses, and bank statements evidencing funds leaving the US company operating account to pay for business-related expenses.
Business Plan:
Your business plan is typically one of the most important documents for your E2 visa application. Generally, E2 visa business plans should outline the business model and include both financial forecasts and personnel hiring plans for the next five years.
Copy Of The Lease:
Your lease agreement should generally be included as part of your E2 visa application. The lease, of course, is for the lease of the premises that you’re operating your E2 business out of.
Resume, Degree Certificate, Diploma, Or Transcripts:
This is important to show that the E2 investor is going to be able to successfully operate the business in the US. Some of the things that we show are the investor’s qualifications, such as their resume, degree certificates, their diploma, and their transcripts.
Dependent Documents:
Your dependents are your spouse and your children, your unmarried children under 21 years old. As part of your E2 visa application, you are going to want to include the dependent documents such as passports and birth certificates.
Source Of Funds Documents:
You will also need to include evidence showing how you received the funds that were used for your E2 investment. The type of documents to include here will depend on your specific circumstances.
Evidence To Show The Business Is Real And Operating:
There are several documents that you can include to show that your business is real and operating. These documents include: photos of the business, invoices sent to customers, printout of the homepage of your website, printouts of online directory listings for your business, etc.
Passport:
A photocopy of the biographic page of your passport should be included to show your country of citizenship.
FAQs
What constitutes a "substantial investment" for an E2 visa?
There's no set minimum, but the investment must be large enough to operate the business successfully.
How long can I stay in the U.S. on an E2 visa?
E2 visas can be granted for up to five years, with extensions of up to two years each time, with no limit on the number of extensions.
What happens if my E2 visa business fails?
You may need to leave the U.S. unless you adjust to another visa type or make a new qualifying investment.
Can I apply for a Green Card as an E2 visa holder?
E2 is a non-immigrant visa and doesn't directly lead to a Green Card, but holders can change to another visa category that offers residency.
Can family members accompany an E2 visa holder to the U.S.?
Yes, spouses and unmarried children under 21 can join the principal visa holder. Spouses may also apply for work authorization.
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