E2 Investor Visa

The E-2 visa was established to give effect to those treaties between the United States and certain foreign countries that provide reciprocal benefits to nationals of each country who invest in the other country.

The E-2 "investor visa" is available to an applicant who invests a substantial amount of his own money into a U.S. business which he can control and direct. The investment can be to purchase an existing business or to start up a new one.

The investor visa is based upon an existing treaty or agreement between the United States and the applicant's homeland to advance trade and/or commerce. Some countries have limited their treaties with the U.S. to only provide for "trade" between the two countries. Other countries have both trade and investment provisions.

Requirements for an E-2

For a successful E-2 visa, the applicant must show:

• The existence of a treaty or agreement between the U.S. and the foreign country that includes reciprocal investment provisions
• Majority ownership or control of the U.S. business is held by nationals of the home country of the applicant
• The business must be real and active - not passive
• The investment cannot be solely for purposes of earning a living for the applicant, but must also provide job opportunities or generate income or some economic benefit for others
• There must be a "substantial investment." The issue of whether an investment is "substantial" is complex and proportional. It's generally defined as the amount invested, weighed against the total value of the enterprise for established businesses, or the amount normally considered necessary to establish a viable enterprise for a new business.
• An application form OF156 with photographs
• Application Fees

E-2 visas are also available to employees who have the same nationality as the company. These employees must be managers, executives or highly-trained, specialized and essential employees.

The duration of the visa varies from country to country but it is renewable upon submission of continuing qualification.

Procedures and Processing Time for E-2s

It's possible and usual to make the application for an E-2 visa through a U.S. Consulate abroad. The investor/applicant files an application at a Consular Post in his or her homeland, together with supporting documentation to satisfy the requirements relating to nationality, ownership of the investment enterprise, substantiality, investment, control and marginality or economic benefit to others than the investor. It usually takes four to six weeks for the Consular Officer to review the application and make a decision. The Consular Officer may approve or deny the application, or ask for additional evidence on qualification. If approved, the visa is issued at that Consulate.

Andrew M. Wilson is an immigration attorney practicing in New York. He is a member of the Serotte Reich & Wilson, LLP firm, and can be reached at awilson@srwlawyers.com .

Immigration Message Board for more help