E-2 visas are available to citizens of countries with which the U.S. maintains a treaty of commerce and navigation or another qualifying international agreement. The U.S. Department of State maintains a list of treaty countries, which includes most Western Hemisphere and European nations and several from Asia. Nations that are not considered to be treaty countries include China, India, North Korea, Russia, Iran and Brazil.
An E-2 applicant must demonstrate specific qualifications:
- The applicant must either have already invested or be in the process of investing capital into a legitimate and operating U.S. commercial or entrepreneurial enterprise that produces services or goods for profit.
- The applicant must be either a principal investor or an essential employee of the enterprise.
- The investment amount must be substantial in relation to the total cost of purchasing or establishing the enterprise.
- The investment must represent a commitment to ensuring the success of the enterprise.
- The investment must be enough to generate income significantly above the amount required to provide a living for the investor and his/her family. Alternatively, the investment must have a significant economic impact in the United States.
Many E-2 applicants satisfy these requirements by purchasing or opening restaurants, franchise establishments, professional consultancies or service businesses such as auto repair shops. No matter the type of business you choose to invest in, our firm can aid you in preparing the application and documentary evidence required to establish eligibility.
Given the formidable evidentiary requirements of the E-2 visa, it is crucial to work with an immigration attorney in preparing and pursuing the application. The process varies for applicants inside and outside the United States. If you are currently in the United States on a nonimmigrant visa, you will have to file a Form I-129 to request a change of status. If you are in another country, you will have to file Form DS-160 with a U.S. Embassy abroad. All applicants must submit an extensively detailed cover letter explaining how the applicant and enterprise are eligible for E-2 status.
Our firm drafts and meticulously organizes E-2 applications, avoiding the mistakes commonly made by investors who take the immigration process into their own hands. We double-check each piece of documentation with the same scrutiny that can be expected of a consular officer or immigration official. We can also help prepare you for what to expect during your interview at a U.S. Embassy or Consulate.
Located in Tampa, Florida, the office of Mark Weiner Law advises individuals and employers who wish to obtain nonimmigrant visas. To schedule a consultation with an experienced immigration attorney, call 813-388-3045 or contact us online.