Call Pathak and Feldman Immigration Law Firm today at 312-321-4773 to answer your questions and get help to obtain an E-2 Visa.
The Guide to E-2 Visas
E-2 visas are nonimmigrant visas for treaty investors who are nationals of one of a long list of countries that uphold a treaty of commerce and navigation with the United States. Treaty investors who qualify must invest an amount of capital legally earned abroad to a new U.S. business enterprise. Employees of eligible treaty investors can also be eligible for E-2 classification. Pathak and Feldman can help with US E-2 visas.
Who is Eligible for E-2 Visas?
As an E-2 treaty investor or employee of a treaty investor, the following standards must be met:
- Investment must be significant and committed, enough to largely contribute to successful enterprise operations
- The enterprise invested in must be real and operating
- At a minimum, 50% of the enterprise must be owned by those of treaty country nationality
- Investment must have a substantial impact in the U.S. and generate much more income than providing a living for your family
- Investment funds cannot be in the form of a loan secured using assets of the investment enterprise and must possess commercial risk
- Your purpose for entrance into the U.S. must be to contribute to the direction and development of the enterprise, either as a principal investor or critical employee with an executive, supervisory or highly specialized role
- You as the principal investor, or if an employee, your investor must have citizenship with a treaty country
What Must You Do to Obtain Your E-2 Visa?
If you are currently in the U.S. with a lawful, nonimmigrant status, you as principal investor, or your employer if you are an employee, can file Form I-129, Petition for Nonimmigrant Worker, to change your status to E-2 status.
If you are outside of the U.S., most embassies and consulates abroad require USCIS petition approval as a necessary prerequisite to completing Form DS-160, which includes a photo of you.
Then, at the interview that you scheduled at the U.S. embassy or consulate, you will need to present the following:
- A valid passport for travel to the U.S. that is valid for at least six months beyond your intended period of stay in the U.S.
- Your Nonimmigrant Visa Application Form DS-160 confirmation page with barcode
- Application fee payment receipt in the case that you are required to pay before your interview or fee payment at the interview
- Your completed Form DS-156E, the application for Nonimmigrant Treaty Traders/Treaty Investors
- You may be asked to present additional materials to exhibit that your investment enterprise complies with requirements of the law and standards of eligibility
To ensure that you meet the specifications of your U.S. embassy or consulate, you will need to adhere to the specific instructions provided by your specific U.S. embassy or consulate.
Can Your Spouse and Children Accompany You in the United States?
Yes. Your spouse and unmarried children under the age of 21 are also eligible to apply for E visas to accompany you during your stay in the U.S.
Where to Begin?
As you go through this complicated, high stakes and demanding process, it can make a world of difference to have specialized guidance. Based out of Southern California since 2009, Pathak & Feldman expanded to serve the Midwest region, with Chicago, Columbus and Indianapolis locations. We’re here to provide caring and knowledgeable assistance from start to finish of your E-2 visa petition.
Call us at 312-321-4773 today to schedule a consultation!