E2 Visa for Investors and Employees.

  • Eligibility Requirements for Obtaining E2 Visa for Investors and Employees
  • E2 Treaty visa application process

E2 Visa for Investors and Employees.​

The E2 Treaty Investor visa allows the investor to live and work in the US to direct and develop the business, and allows entry of Executive, Management and Essential skills employees.  In larger businesses management and executive level employees may be sent to the US instead of the owners of the business. Employees that are also nationals of the same E2 visa Country as the investor may also qualify for an E2 visa. The E2 visa can continue to be extended indefinitely as long as the business continues in the US.

Unlike the H1B visa category, there is no quota for E2 visas.  The investment necessary to qualify for E2 Treaty Investor status varies and there is no set minimum. For consultancy businesses, for example software businesses, this could be tens of thousands of dollars or less in some cases.  However, for smaller investments to register the business as an E2 business can be more difficult.

Eligibility Requirements for Obtaining E2 Visa for Investors and Employees:

When you apply for E2 registration of a business you need to be in the process of investing money.  Unless an escrow arrangement is possible, you should show that you have made a substantial investment before applying. An escrow arrangement is possible in some circumstances.  For example, if you are buying an existing business money could be held in escrow to only be invested if you are granted an E2 visa.  You should have realistic plans to establish and fund the business. Usually, the qualifying E2 visa business should eventually create employment for US citizens and residents of the US.

Nationals of many Countries can apply under the E2 visa scheme.  Unfortunately, nationals of India and China cannot apply under the E2 visa scheme unless they wish to gain entry as a spouse of an E2 visa holder or can gain some other citizenship.  Some Indians are applying under the fast Grenada citizenship program to become eligible to apply under the E2 Treaty Investor visa scheme.  Even if you have to apply for another citizenship first under a Citizenship investment scheme, this is probably still a cheaper and faster alternative to the EB5 immigrant investor program that has greatly increased in cost since 21 November 2019 to a minimum investment of $900,000.

The investment used to qualify for an E2 visa must be in an active and operating business that requires people to work in the business. Therefore businesses that do not require any employees which could include passive investments in say property or stocks and bonds do not qualify. Usually at least part of the investment should have been made or money should be held in escrow before applying for E2 Treaty Investor Registration and E2 visa status. If you are buying an existing business it may be possible to apply for E2 registration based on a purchase agreement with the money being held in escrow, with the investment only going ahead if the visa is granted.  The business needs to be registered as an E2 Treaty investor business before you can apply for an E2 visa.

E2 Treaty visa application process

  • You contact us

  • Open Borders-CBI considers the application. If your company, the position and the candidate are eligible for registration as an E2 Treaty Investor, we e-mail to you:

    • A formal instruction form to return

    • Details of any additional data required, and confirmation of which documents we need

  • You email and/or provide documents for the application.

  • Open Borders-CBI completes your E2 Treaty registration application and submits it to the Treaty Visa section at the appropriate US consulate or Embassy.

  • After registration as an E2 Treaty Investor business, visas can be obtained for principal applicants, employees and dependants in about two weeks. You provide us with relevant information and we prepare and submit the application to the Treaty Visa section. 

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