At Build Champions, we are dedicated to supporting entrepreneurs, investors, and business-minded individuals seeking to establish or invest in businesses in the United States. The E-2 visa offers a unique opportunity for those who wish to actively manage a business in the U.S. As a nonprofit organization, we provide expert guidance to help you navigate the E-2 visa process and make your entrepreneurial dreams a reality.
What is the E-2 Visa?
The E-2 visa is a non-immigrant visa designed for investors, entrepreneurs, and individuals looking to operate a business in the United States. This visa allows you to establish a new business or invest in an existing one, provided you make a significant capital investment and play an active role in managing the business. The E2 visa is available only to nationals of countries that have a treaty of commerce and navigation with the United States.
Key Points About the E-2 Visa
- Renewal:
The E-2 visa can be renewed indefinitely, as long as the business continues to meet E-2 visa requirements.
- Benefits:
- You can start and operate a business in the United States.
- Your spouse and unmarried children under 21 can also qualify for E2 visas.
- Your spouse can apply for work authorization, and your children can attend school in the U.S.
- No minimum investment amount is set; even investments as low as $50,000 may qualify.
- There is no limit to the number of visa extensions; some holders stay for 15 years or longer.
- Unlike some other non-immigrant visas, there is no requirement to maintain a foreign residence.
Requirements for the E-2 Visa
To qualify for an E-2 visa, you must meet several key requirements:
- Nationality Requirement:
You must be a national of a country that has an E2 treaty with the United States. Dual nationals can qualify based on their treaty country. If a foreign business is making the investment, it must be at least 50% owned by nationals of the treaty country.
- Intent to Depart the U.S.:
You must intend to leave the United States once your E2 status concludes. Unlike other visa categories, you do not need to demonstrate ties to your home country, such as maintaining a foreign residence.
- Substantial Investment:
A substantial investment in a U.S. business is required. There is no minimum amount, but the investment must be proportional to the total value of the business. While there is no specific threshold, investing at least $100,000 is advisable, though lower amounts, including $50,000, have qualified for E2 visas.
- Active, For-Profit Business:
The business must be an active, for-profit enterprise. Passive investments, such as in real estate or stocks, do not qualify.
- Non-Marginal Enterprise:
The business must have the potential to generate sufficient income to provide a living for the investor and their family or make a significant economic contribution, such as employing multiple workers.
- Directing and Developing the Business:
You must be entering the U.S. to direct and develop the business, requiring at least 50% ownership or operational control.
- Lawful Source of Investment Funds:
The source of your investment funds must be lawful, coming from sources such as employment, property sales, gifts, inheritance, or personal loans.
- Irrevocably Committed and At-Risk Investment:
Your investment must be committed to the business and at risk, meaning the funds must be spent on the business and subject to potential loss.
Differences Between Change of Status to E-2 and E-2 Visa Application
Before deciding between a Change of Status and consular processing, it is essential to consider:
- Lawful Presence:
Change of Status is for those already lawfully present in the U.S.; it is not available to individuals abroad.
- Processing Speed:
Change of Status can be expedited through Premium Processing (as fast as 15 days), while consular processing may take longer.
- Travel Requirements:
If you change status, you lose it upon leaving the U.S. and will need an E2 visa for re-entry.
- Investment Amount:
Consular posts may require a higher investment; changing status allows for business growth before applying for an E2 visa.
E-2 Visa Processing Time
The E-2 visa process involves three main stages:
- Document Gathering:
This typically takes about a month, depending on individual circumstances.
- Legal Preparation:
Your immigration attorney may take about two weeks to prepare and file the E2 petition.
- Consular Processing/Change of Status:
Consular processing generally takes 2-3 months, while change of status through USCIS also takes 2-3 months (15 days with Premium Processing, plus additional time for any Requests for Evidence).
Duration of Stay on E-2 Visa
The validity of an E-2 visa ranges from 1 to 5 years, but this does not limit your stay. Upon each entry to the U.S., you receive 2 years of status. Exiting and re-entering the U.S. with a valid visa grants an additional 2 years. Visa renewal is unlimited as long as the business continues to meet E2 requirements.
Benefits for Family Members
- Spouses and unmarried children under 21 can qualify for E2 visas.
- Spouses can apply for a work permit, and children can attend school in the U.S.
E-2 Visa for Employees
Employees of an E2 business can also qualify for an E2 visa under three categories: Executive Employees, Supervisory Employees, and Employees with Special Skills essential to the E2 enterprise.
Transitioning from E-2 Visa to Green Card
While the E2 visa is temporary and does not directly lead to a green card, there are options to transition to permanent residency, including the EB-5 visa (investment-based), family-based sponsorship, employment-based sponsorship, and others.
Why Choose Build Champions?
The E-2 visa offers a flexible and renewable option for those looking to invest in and actively manage a business in the United States. At Build Champions, we provide the expert guidance needed to navigate the complexities of the E2 visa process, helping you achieve your business and immigration goals.
For more information or to begin your E2 visa application, contact Build Champions today.