How to get an E-2 visa for the USA: step-by-step guide

Foreign investors that want to reside in the US and operate the business through their investment can apply with a U.S.-based entity for an E-2 visa. However, applying for this visa can be a tough and complicated process. In this comprehensive guide, we will provide you a step-by-step submission process from checking your eligibility to preparing for the visa interview so that with all knowledge in hand, you can submit an application form of E-2 Visa successfully.

1. Introduction to the E-2 visa

The E-2 Treaty Investor Visa enables treaty traders and investors to enter into the U.S. for developing, directing, or controlling an enterprise in which they invest a substantial amount of capital. While the E-2 Visa has no set minimum investment requirement as some other visas do, enough must be invested to enable independent operation of the enterprise.

Key benefits of the E-2 visa

There are key advantages to the E-2 visa category, making it an excellent option for investors seeking to live and work in the United States. Some of the greatest benefits include:

1. Renewable status: An E-2 visa may be renewed provided a business is still operating and meeting all requirements.
2. Family inclusion: Dependents of the investor may accompany the principal holder of the E-2 visa: spouse and unmarried children under 21. The spouse can apply for work authorization, and children are able to enroll in schools.
3. Flexibility: An E-2 visa holder can travel in and out of the U.S. as many times as they wish. Given that there is no requirement for continuous residence in the United States, an immigrant won't need to continuously live in the country. To clarify, this is a case where legal advice may be of good value, but an investor visa attorney is not mandatory required for maintaining your visa status.

2. Determining eligibility

There are some basic eligibility requirements that an E-2 Visa applicant must meet before going into any application process. These include:

• Nationality: The applicant must be the national of a country having commerce and navigation treaty with the United States. Check out the list of countries eligible for an Australian student visa; although it includes many nations, major territories like China and India are omitted.
• Invest in a U.S. business: The applicant must have made, or be about to make, a significant investment in business. It needs to be a large enough investment that if the business was successful, you should make $100,000+, though this obviously varies depending on the type of biz.
• Ownership and control: The investor must either own at least 50% of the business or control operations (for example, through a management role or other corporate mechanisms).
• Business purpose: The company should be a lawful business entity and also an authentic existing industrial or commercial enterprise. Speculative or inactive investments do not qualify.
• Job creation: While the business generally does not have to create jobs, and is definitely higher than those for an EB-5 Visa application.

3. Preparing your application

If you have been eligible, then the next thing is to apply. This includes assembling all necessary types of documentation, completing forms in the proper manner, and verifying that your investment qualifies under USCIS guidelines.

Key documents needed:

1. DS-160: online non-immigrant visa application for all statuses.
2. DS-156E: used solely for E visa candidates.
3. Nationality: Passport and documents that establish you are a national of a treaty country.
4. Proof of investment: Bank statements, contracts and other relevant financial documents that demonstrate you have the current or planned funds to invest.
5. A business plan that describes the proposed venture, including its purpose; market analysis; financial projections; and capacity to create new jobs.
6. Please provide any evidence of ownership such as documents to demonstrate you are an owner or, at a minimum, that you control the business by more than 50%.
7. Proof of employees: Items such as payroll records or employee contracts that demonstrate you will employ US workers.

Takeaways for preparing your application

• Step 1: Collect required documents. Get all docs and make sure they are current and true.
• Step 2: Form DS-160 and Form DS-156E. These forms must be filled in online, on which, you will receive a confirmation page with barcode that are to taken along for your visa interview.
• Step 3: Get application fee. A non-refundable fee has to be paid for the application process, the fee varies a little bit by country, but is $205 in most cases.
• After paying the fee…