One of the main purposes of the U.S. immigration system is to allow foreign nationals into the U.S. who will make a positive impact on the United States economy, society, and job market. Because of that, it should not be surprising that special preference is given to investors and entrepreneurs who wish to develop an enterprise in the U.S. Read on to learn what the E-2 visa fees are and how much you need to invest to qualify.
E-2 Visa Fees and Application Cost
Here are the basic fees that you can expect to encounter when pursuing an E-2 visa:
- The basic filing fee for all I-129 petitions is $1,015 for those already in the U.S. on another valid nonimmigrant status (If you are filing as a Small Employer or Nonprofit, the fee is $510)
- If your spouse, dependents, or eligible workers are going to accompany you, an I-129 petition must be filed for each visa issued, along with the required filing fee.
- If you are outside the U.S. you need to undergo consular processing and pay a $315 filing fee for your DS-160 visa application cost.
- Some additional costs may include traveling costs to the embassy and the U.S.
What About Premium Processing?
USCIS has a premium processing service that shortens the I-129 processing time to 15 business days for an extra fee of $2.805.
This feature does not alter your chances of getting approved. It only speeds up the processing time for your petition.
How Much Do I Need to Invest For An E-2 Visa?
Officially, there is no minimum or maximum amount of funds that must be invested to qualify. USCIS does not quantify this requirement because the investment amount depends heavily on the size of the proposed enterprise.
The stipulation placed on the investment is that the enterprise cannot be considered “marginal”. The USCIS defines a marginal enterprise as “one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.”
In contrast, your investment must be considered “substantial” to qualify. This means that:
- The amount of money invested is a large portion of the total purchase cost of a pre-existing enterprise or the cost of developing a new one.
- The amount should make it clear to the USCIS that your financial commitment is enough to promote the success of the enterprise.
- The amount should make it clear that your enterprise is likely to succeed due to your involvement and investment.
A general rule of thumb is to make sure that your investment exceeds $100,000. If the enterprise is larger than your investment will need to be adjusted appropriately.
If the enterprise is very small, then a smaller amount may be allowable. However, because there are no concrete numbers given by the USCIS, it is important to discuss with your immigration attorney to decide if your investment amount is sufficient.
How Much Does It Cost to Extend My E-2 Visa?
To apply for an extension on your E-2 visa, the process may be as simple as leaving the country and returning, granting an automatic extension. This is because E-2 visa stamps can be granted for up to five years, depending on your country of origin, but each visit is capped at two years. Thus, if the two-year period is coming to an end and you have time remaining on your E-2 Visa, you may be able to simply leave and re-enter.
However, once the visa stamp expires and your authorized period of stay is coming to an end, you must visit an embassy/consulate abroad and apply for a new visa stamp through consular processing, which costs $315.
It is important to remember that these forms and their E-2 visa fees must be submitted for your spouse and each dependent who needs an extension on his or her visa.
How Should I Pay These E-2 Visa Fees?
The USCIS requires that you make your fee payments in the form of either a cashier’s check or money order. On the whole, many experienced attorneys will advise you to make each payment out separately rather than combining them into one large E-2 visa fee payment.
This is helpful to avoid confusion or miscalculation, which could lead to a costly delay in your E-2 processing. To be sure that you are submitting your payments correctly, work alongside your immigration attorney.
Can I Get a Refund?
Refunds are not a common occurrence with USCIS. If your petition is rejected, denied, or lost, you should not expect to receive a refund for your E-2 visa fees.
However, there are three situations in which the USCIS will issue you a refund:
- If they asked for a form and fee that was not necessary for your visa process.
- If they asked for a fee that was greater than the listed amount.
- If they were unable to process your petition within 15 business days if you opted for premium processing. Note: the USCIS will not refund the basic filing fee, only the premium processing fee.
What are the Lawyer Fees?
Each immigration attorney will have their own fees, which may vary widely. At VisaNation, we offer a flat lawyer fee for our services. To see our fees, you can visit our fees page on our website.
E-2 Visa Frequently Asked Questions
Can I bring my family members on an E-2 Visa?
Treaty investors and employees may be accompanied or followed by their immediate family members. The qualifying family members are spouses and children who are under 21 years of age. They will have to seek an E-2 visa as dependents, and if approved, they will be granted the same period of stay as the investor or employee.
Each dependent, including spouses and children, must complete their own separate DS-160 form.
Spouses of E-2 workers may also work in the United States, but children cannot.
What is the processing time for an E-2 visa?
The processing times will depend on where you are applying for your E-2 visa. In some embassies or consulates, the whole application process may be completed in a few weeks. In some others, it could take some months.
If you are in the United States, you will have the advantage of using premium processing, which can reduce the processing time to 15 business days. Another factor is whether you are setting up a new enterprise or buying an existing one. If you are buying a business that is already registered as an E-2 enterprise, the registration process should be easier and quicker.
How VisaNation Law Group Immigration Attorneys Can Help
At the end of the day, there is no immigration situation that you should try to tackle alone. While retaining an immigration attorney may seem like just another E-2 visa fee on top of an already-expensive visa, having an expert by your side can help you protect your investment and increase your chances of approval, potentially saving you a significant amount of money.
VisaNation Law Group’s highly-experienced attorneys have an extensive track record of helping investors and entrepreneurs obtain E-2 visas and even the EB-5 green card for investors. If you have any questions about the E-2 visa fees or anything else about this lucrative immigration path, feel free to contact VisaNation Law Group lawyers by filling out this form and scheduling your consultation.