E-2 Visa Attorney

The E-2 visa allows investors and entrepreneurs from certain treaty countries to live and work in the United States by making a substantial investment in a U.S. business. This visa provides an opportunity for individuals to build and grow businesses in the U.S. while benefiting from long-term renewability. Gagliano Law, PLLC, assists individuals and business owners through the E-2 visa process, ensuring they understand their rights and obligations.

Understanding the E-2 Visa

The E-2 visa is a nonimmigrant visa available to citizens of treaty countries who invest a significant amount in a U.S. business. It allows the visa holder to live in the U.S. and oversee business operations.

Key requirements include:

• Nationality – Applicants must be from a country that has an investment treaty with the United States.
• Substantial Investment – The investment must be sufficient to ensure the successful operation of the business. While no specific dollar amount is required, it should be enough to demonstrate commitment and viability.
• Active Business Operation – Passive investments (such as purchasing real estate for rental income) do not qualify. The business must be active and generate jobs or economic activity.
• Ownership or Control – The investor must own at least 50% of the business or have significant operational control.

What to Consider Before Applying

E-2 visas provide flexibility for investors, but there are important factors to keep in mind:

• Visa renewability – E-2 visas can be renewed indefinitely as long as the business remains operational and meets the investment criteria.
• Employee eligibility – Certain key employees of an E-2 business may also qualify for visas if they share the same nationality as the investor.
• No direct path to a Green Card – The E-2 is a nonimmigrant visa, meaning it does not automatically lead to permanent residency. However, other immigration options may be available.
• Spouse and dependent benefits – Spouses of E-2 visa holders may apply for work authorization in the U.S.

Steps in the E-2 Visa Process

Applying for an E-2 visa involves careful planning and documentation. Here’s what to expect:

1. Business Investment and Documentation

The applicant must invest or be in the process of investing in a qualifying U.S. business. Documents such as financial statements, business plans, and proof of investment must be prepared.

2. Petition Filing

If applying from outside the U.S., the investor submits an application to the U.S. consulate. If already in the U.S. on another visa, a change of status petition may be filed with U.S. Citizenship and Immigration Services (USCIS).

3. Visa Interview

Applicants attending a consular interview must provide proof of investment, business ownership, and the viability of the enterprise. The consular officer will determine whether the requirements are met.

4. Approval and Business Operations

If approved, the applicant can enter the U.S. to operate the business. Visa holders must continue to meet investment and operational requirements for renewals.