The E-2 visa is an appealing option for foreign business persons and investors seeking to live in the United States to conduct business operations on a nonimmigrant basis. At Visanation, our experienced E-2 Visa Lawyers have a stellar record of securing visa approvals for our clients.
Read along to learn how an E-2 Visa Lawyer can provide legal support throughout the process, and find useful information about the E-2 Visa.
Get an Assessment from a qualified E-2 visa attorney
✅ Backed by a 4.9 ⭐ Google rating and 18+ years of immigration law experience.
What is an E-2 Visa?
The E-2 visa is a nonimmigrant investor visa for people of eligible countries to come to the United States to develop and direct a U.S. business enterprise in which they already have or are actively investing a substantial amount of capital.
While there is no specified minimum investment, official policy in the §214.2 code of federal regulations offers guidance:
- The investment should be a significant portion of what it costs to either buy an existing business or develop a new one.
The amount invested should be enough to show that the investor is financially committed to making the business successful.
The investment should be enough to increase the chances that the investor can successfully grow and manage the business. In general, if the business is less expensive, the investment needs to be larger in comparison to be considered “substantial.”
Who is Eligible for an E-2 Visa?
- The E-2 visa is only eligible for “treaty countries.” Applicants must be nationals of a country that holds a treaty of trade and commerce with the United States.
- The E-2 visa isn’t just for anyone who invests. According to section 101(a)(15)(E)(ii) of the § 214.2 act, treaty investors:
- Have invested or are actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living
- Are seeking entry solely to develop and direct the enterprise; and
- Intend to depart the United States upon the expiration or termination of treaty investor (E-2) status.
How to Apply for an E-2 Visa
1
Step 1
Invest Substantial Capital
You must have invested or be actively in the process of investing before you file your E‑2 petition. That means funds should already be fully committed. In this step, our immigration lawyers provide exact guidance on how to showcase to USCIS that your funds are committed and how to demonstrate substantial capital. Simply having funds in a bank account is not sufficient.
2
Step 2
Prepare E-2 Documents
Prepare all documentation, such as:
- CV and documents outlining your duties, job description, and position in an organization
- Passport valid for travel to the U.S., and with a validity date at least six months beyond the applicant’s intended period of stay in the U.S
- 2×2 photograph meeting guidelines
- Proof of investment
- Detailed Business Plan
- Ownership/Control
3
Step 3
File Investor Visa Application
When you apply for the E-2 Visa, the application process depends on your location:
- Outside the United States
- Form DS-160
- Form DS-156E
- This involves going through consular processing, which includes an interview at a consulate.
- Within the United States on a lawful nonimmigrant visa.
- Form I-129
4
Step 4
Approval and E-2 Visa Issuance
You’ll receive a new I‑94 record showing your E‑2 admission class and validity.
Visa processing generally takes 2–8 weeks.
E-2 Visa Processing Time
- For those inside the United States, the E-2 visa processing time is 3-6 months according to USCIS data.
- For those outside the United States, the processing time depends on how busy your home country’s U.S. consulate or embassy is. You will need to make an appointment for your interview and then wait until that date, which can range from a few weeks to a few months.
E-2 Premium Processing
Yoy can expedite E-2 processing time by opting for the premium processing service. This optional feature shortens your visa processing time to 15 business days.
How Much Will My E-2 Visa Cost?
In addition to your business investment, the E-2 visa has government fees for processing the application. These fees differ depending on whether you apply from inside or outside the United States:
- I-129 basic filing fee: $510 for small businesses or non-profits, or $1,015 for companies with 26 or more full-time employees
- Only applicable to those changing status from a valid nonimmigrant visa from inside the U.S
- DS-160 fee: $315
- Only applicable to those applying from outside the U.S.
- Premium processing fee (optional): $2,805
- Not available for DS-160 processing
VisaNation Lawyer Fees
VisaNation lawyers charge $4,750 for an E-2 visa application. An E-2 visa applicant will need to consider these costs in addition to the appropriate investment amount.
How VisaNation Can Help
When it comes to investment immigration, we understand that our clients have a long-term vision not only for their business in the U.S. but also for their life in the country. VisaNation law firm’s legal team has supported many foreign investors in immigrating to the U.S. to expand their existing businesses or start new ones.
“We take utmost care of every case and ensure that our clients and their families are confident, comfortable, and happy when it comes to immigration. The process can be exhausting, but it doesn’t have to. At VisaNation, we have many client success stories that will inspire you to take the next step.” – Shilpa Malik, Managing Attorney
We recently represented a pilot from Argentina with 20 years of aviation experience who wanted to launch a trucking and logistics company in the U.S. The challenge was two-fold: his academic background was not accredited in the U.S., and his pilot experience didn’t obviously translate to the trucking industry. We successfully pivoted the case strategy to focus on his managerial and technical leadership, documented his $190,000 investment in a fleet of cargo trucks, and successfully navigated a complex RFE to prove the business was viable and job-creating. The result was a full E-2 approval in four months!
Get an Assessment from a qualified E-2 visa attorney
✅ Backed by a 4.9 ⭐ Google rating and 18+ years of immigration law experience.