This is a general overview of the E-2 requirements and application process. Our office is ready to guide your through the specifics of this process, tailor-made to your business endeavor.
The E-2 visa is beneficial to the United States and the alien because it provides the alien the opportunity to cultivate their business in the US, as long as that business creates US jobs. This classification is also extended to the family of the alien investor, who’s unmarried children under 21 and spouse may also apply for a derivative E-2 visa. A derivative visa means in this case that their status will follow the status of the investor.
Requirements:
- You are an alien from a country that has a treaty with the United States.
- Click HERE for a list of approved E-2 countries.
- You must demonstrate control of the enterprise by proving
- 50% ownership of the enterprise,
- Operational control as a manager,
- or through other corporate means.
- You must have invested in the enterprise or are actively in the investment process. The investment must be:
- Sufficient to ensure your financial commitment to the success of the enterprise,
- and substantial enough to support the likelihood that you will direct and develop the enterprise,
- and subject to commercial risk.
- If you are NOT the principal investor;
- You must be employed as an executive or supervisor,
- or Possess skills that are highly specialized and essential to the operations of the enterprise.
- NOTE: Ordinary skilled or unskilled workers with no unique or essential skills are NOT eligible.
- The investment enterprise must not be marginal. In USCIS terms, a “marginal” business only generates enough profit to provide a living for the investor’s family and other foreign employees.
- The company must generate significantly more than this amount,
- 0r have a significant impact on the United States.
Applications
No matter where you file, you will need to provide proof that you meet the eligibility requirements such as the ones mentioned above, or that you are a qualifying relative of an E-2 investor.
- From within the US,
- Apply for a change of status and the embassy or consulate where you reside.
- From outside the US
- File form DS-156.
- Males between 16 and 45 years old need to file form DS-157.
Extra Points regarding the E-2
E-2 Investors are allowed to stay in the United States for 2 years, and they can extend their 2 year window as long as they sustain the requirements of this Visa. The E-2 Investor’s spouse and unmarried children under 21 follow the status of the E-2 investor, and they need to apply for extensions as well.
The spouse of an E-2 Investor can apply for Employment Authorization.
