Call us on 0207 100 2525 for immediate help & assistance with your situation. We’re here to help you in person, via the phone or online.
The E2 visa, also known as the Treaty Investor Visa, is a type of non-immigration visa that permits you to enter the United States and carry out specific business-related activities. A foreign national may apply for this visa as long as their country of nationality has a treaty of commerce and navigation with the United States of America. This type of visa permits you to invest in and operate a business in the United States; in addition to being a citizen of an eligible country, you must demonstrate your ability and willingness to invest a sizeable amount in a US-based company.
Additionally, you are permitted to bring your dependents, any additional staff members you may require operating the firm, and their dependents. In order to accomplish this, you must first show that the company you plan to operate can bring in enough money to support you, all of your employees, and their families.
A respectable immigration law company should be consulted to determine whether the E-2 visa category is the best choice for you. This kind of visa is especially appropriate if you intend to make long-term investments and manage a business in the United States.
You must have invested in or started investing in a legitimate US-based firm in order to be eligible for an E-2 visa. It’s critical to comprehend the precise definition of a legitimate business.
Every legal requirement for the jurisdiction in which it operates must be fulfilled by a legitimate business.
The business must be legitimate, operating, and engaged.
It must provide real goods or services and make money off of them.
It may be an entrepreneurial venture or a commercial enterprise.
According to E-2 visa regulations, any company that satisfies these criteria will be considered a bona fide enterprise.
The amount of money you must invest in a US company in order to qualify for the E-2 visa is not predetermined.
The only criterion for the visa is that you must make a “substantial amount of capital investment.” Your application, your nationality, the legitimate business you plan to operate in the US, and a number of other factors may affect the actual amount. Generally speaking, your investment should be enough to buy an already-existing company or start a new one in the United States. Additionally, it must show that you are committed to starting the company and making a profit over the long term.
Additionally, the amount you invest should be adequate to provide a profit for you, your dependents, your employees, their dependents, and the general operations of the business.
If you can demonstrate that the money you plan to invest is already committed in some way to the firm you plan to operate in the US, you have a better chance of receiving an E-2 visa. Your chances of obtaining the visa may also be increased if you can demonstrate how your company will eventually contribute to the creation of jobs for US workers.
Several visa requirements must be met for you to be eligible for the E-2 treaty investor visa. Here is a look at these.
If you are an eligible Treaty Investor or the employee of an eligible Treaty Investor, you may apply for the E-2 visa.
In order to be considered as a Treaty Investor, you need to meet the following requirements:
• You have to be a citizen of a nation with whom the US has a treaty on commerce and navigation.
• Starting or operating a US-based business should be your only reason for applying for the visa.
• You need to demonstrate that you have a significant investment in the company you plan to launch or manage. Demonstrating at least 50% ownership of the company is one way to verify this. As an alternative, you may illustrate that, as a senior, you have complete operational authority over the company.
• You require to be able to demonstrate your ability and willingness to participate in or start an investment in a US-based company.
The following conditions must be fulfilled if you are applying for the E-2 visa as a Treaty Investor employee:
• You must have the same nationality as the Treaty Investor.
• You must be eligible as an ‘employee’ under the relevant laws.
• You must hold an executive position with substantial operational control over the Treaty Investor’s US-based business. Should this not be the case, you will need to demonstrate that you possess unique skills that make you a vital member of the team.
As previously mentioned, you must apply for the E-2 visa as a Treaty Investor or as a Treaty Investor’s employee. You must demonstrate that you plan to operate a business in the US in a senior executive or supervisory capacity if you apply to be an employee. If not, you will need to prove that you possess unique skills that make you vital to the operation of the company.
You must prove that you are capable of carrying out executive or managerial responsibilities for a US company by:
• You will be in absolute charge of the business’s operations, or at least a significant amount of them.
• You will be ultimately in charge of the corporate operations in the United States.
• You have prior experience performing executive or managerial tasks that you plan to do.
• The job description for your planned role is in line with your CV.
• You are carrying a letter of support from your employer under the Treaty Inventory.
When evaluating your application for an E-2 visa, the following criteria will be taken into account if you are a person with unique qualifications for the planned US business:
• To what extent do your credentials and abilities make you an expert?
• How many others are able to provide the same credentials and abilities?
• Are these credentials and abilities easily accessible in the United States?
• For your chosen role, what are the pay and additional benefits you will receive?
Usually, it takes two to four weeks to process your E-2 visa application. Using the premium processing service is one way to expedite the procedure if filing with the USCIS. You must submit Form I-907 with your visa application, and the service costs $2,805. You will receive a decision on your visa application in 15 calendar days if you choose premium processing.
Please be aware that if you are simultaneously applying for an E-2 visa for other employees of your company, the normal processing time of two to four weeks may be prolonged by an additional two weeks.
To find out if the premium processing service is right for you or if you should just apply for a regular visa, speak with one of our immigration lawyers.
The duration of the E-2 visa is two to five years. You can still apply to have your visa extended after this time. If you continue to fulfil the eligibility standards, you are free to request extensions for your E-2 visa as often as necessary. Both E-2 investors and their employers who are employed in the US on an E-2 visa are covered by this. If you return to the US within two years, you can also travel overseas on an E-2 visa with re-entry rights. Returning during this time frame does not need you to submit a new visa application.
The precise steps involved in applying for an E-2 visa are as follows:
• Submit Form DS-160: The Non-Immigration Visa Electronic Application, or Form DS-160, must be completed and submitted.
• Pay the Fee: Next, you have to pay the required visa fee, which varies according on your country of citizenship.
• Set Up a Visa Interview: You need to set up an interview with a US consulate or embassy after submitting Form DS-160 and paying the visa cost. Scheduling one with an embassy or consulate in your nation of citizenship and permanent residence is the best option.
• Attend the Visa Interview: Next, you have to show up for your visa interview at the designated place on the appointed day and time. All of your current passports, a recent photo, a printout of the DS-160 form you filled out, and an appointment letter are among the documents you should bring.
Before, during, or after your visa interview, you might additionally need to provide additional supporting documentation in addition to the typical visa application materials mentioned above.
These documents might include:
• Evidence of finances and enough evidence to demonstrate that you did not obtain the money illegally.
• Evidence of your large investment and dedication to a US-based company. Bank statements, leasing agreements, escrow documents, loan agreements, stock purchase agreements, cheques or money orders, and more are examples of this type of evidence.
• Evidence of your ability and readiness to carry out the business operations. The purpose will be fulfilled by your resume.
• a business plan that outlines your intended business model and strategy for operating in the United States.
• specifics of your job description and the structure of the company you wish to manage.
You could also be required to submit other supporting documentation, depending on your application. To find out if you have all the paperwork you need for the visa application procedure, it is essential to speak with a respectable immigration law firm.
Copyright © 2025 Adam Bernard Solicitors. This Firm is Authorised & Regulated by the Solicitors Regulation Authority SRA NO: 598171, 656730.
