apply for an e2 visa

Investors, who wants to start or buy a business in USA, E2 Visa can be a great option for them. Those who want to live in the U.S. to develop and direct the operations of a business, E-2 visa  is a Visa Classification that is available for foreign nationals with large or small business. If you also want to apply for an e2 visa and want to know that if two investors can apply for an e2 Visa then this article can give you complete and step by step guidance.

What is E2 Visa?

Any foreigner national can get the permission of entrance to the USA and get the working permission in exchange for financial investment in a domestic company with an E-2 Visa. It is important to mention here that E2 visa is extendable and valid for three months to five years. Only eligible countries can apply for an e2 visa.

Non-investor employees of the business may also qualify for E-2 visas if they are of the same nationality as the investor and will be filling positions in the United States that are executive/supervisory or require specialized skills that are essential to the efficient operation of the United States enterprise.

The initial capital required to launch a business must be sufficient to support its ongoing maintenance. How much money is needed to get started in business varies widely. If the sum isn’t adequate to fully fund the enterprise, it won’t be regarded a sizable investment. The US Citizenship and Immigration Services (USCIS) will evaluate the investment using an “Inverted Sliding Scale” to assess whether it is substantial relative to the total cost of the business. The E2 visa investor must have a majority stake in the company (often more than 50%).

Many investors with an E2 visa choose to acquire an existing franchise or company rather than finance a new venture. As the company idea has already been demonstrated, visa interviews are typically less stressful than they would be for a startup. To find a successful E-2 visa business, most investors work with a franchise consultant (if they are interested in purchasing a franchise) or a business broker (if they are interested in purchasing a firm on their own). At the close of operations, investors must either return to their home nations or modify their immigration status.

So, if you are thinking to apply for an E-2 visa with your business partner, like you both are owning the business 50/50, then there are some important things that you need to consider before applying.

  • You both need to invest money in E-2 business and will need to prove that the amount of investment is substantial.
  • Each investor will have to invest the same amount of money in the E- business
  • Each investor needs to own 50% in the business
  • Both investors have to own a managerial or executive role in the E-2 business

Should the business partner have the same nationality while applying for e2 visa?

To apply for an e2 visa, it is not necessary that the both investors should have the same nationality. Your business partner can be a U.S citizen, green card holder, national of another E-2 visa, national of same country from where you belong or a national of the country which is not an e2 visa country.

Guidelines for Filing an Application with USCIS:

Bothe applicants need to have their own Form I-129 petition filed with USCIS, and it must be shown that the investor qualifies as an E-2 investor.

Each of applicant have to provide same documents including the proof of ownership, evidence that the business is operating as well as the financial statements.

However, you will need to provide individual documents attesting to the origin and path of your investment funds in order to gain U.S. investment approval.

Advice for Filling out an Application at a Consulate:

Whether you are filing an E-2 petition on behalf of two E-2 investors, you should first consult the Consulate’s website to see whether there are any additional procedures. In the absence of clear online guidance, you should contact the Consulate directly to find out how they prefer to receive applications (some may accept a single petition covering both investors, while others may insist on two).

E2 visa minimum investment:

As with the USCIS application, part of the supporting evidence will be shared between the two investors, while other evidence will be investor-specific. Each investor needs to fill out their own DS-160 form and pay their own visa fee. When the investors apply for an e2 visa they should be aware of the E2 visa minimum investment

You may be able to bring along a second investor for the interview at some consulates. In addition to that, do not forget to contact the consulate before your interview to know if it is possible or not.

The United States government’s regulation do not stipulate a minimum investment amount for an E2 visa.

  • According to the rules for US immigration, the E2 investment must be sizable.
  • It is generally recommended that the investment should be $ 100,000 or more than that
  • However the investment less than above mentioned amount can still qualify but your investment amount should not be less than $ 50,000.

If I’m an employee, what then? Can I apply for an e2 visa?

An employee or prospective employee of a treaty investor must meet the following requirements to be classified as an E-2 Employee:

  • To qualify for treaty benefits, you must share the nationality of your primary alien employer.
  • Meet the legal requirements to be considered a “employee”
  • Be performing executive or supervisory activities, or possess relevant qualifications if performing non-supervisory work.

Conclusion:

It is possible for two investors to apply for an e2 visa and each independently meet the qualifications for obtaining an E-2 Visa. We hope that today’s article solves all your queries related to e2 visa. If you want some more details, contact us!

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