Citizens from countries that have treaties of commerce and navigation with the United States are eligible for the E visa. The E visa has two main categories:
- E1 Visa: This visa is for applicants from countries with a qualifying treaty with the United States who are coming to the U.S. to engage in continuous and substantial international trade involving goods, services, or technology, primarily between the United States and their home country.
- E2 Visa: This visa is for citizens of treaty countries who are coming to the U.S. to invest a substantial amount of capital in a U.S.-based enterprise. The investor must direct and develop the business, and their investment must be significant enough to ensure the operation of the enterprise.
What are treaty counties?
| E1 Only | E2 Only | E1 and E2 Both |
|---|---|---|
| Brunei, Greece | Albania, Azerbaijan, Bahrain, Bangladesh, Bulgaria, Cameroon, Congo, Czech Republic, Ecuador, Egypt, Georgia, Grenada, Jamaica, Kazakhstan, Lithuania, Moldova, Mongolia, Morocco, Panama, Romania, Senegal, Slovak Republic, Sri Lanka, Trinidad & Tobago, Tunisia, Ukraine, | Argentina, Australia, Austria, Belgium, Bolivia (The Government of Bolivia has given notice of termination, effective June 10, 2012-Hence E visa is limited.- check with the US embassy where you plan to apply), Bosnia and Herzegovina, Canada, Chile, China (Taiwan)- is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan, Colombia, Costa Rica, Denmark (does not apply to Greenland), Estonia, Ethiopia, Finland, France (applies to Martinique, Guadeloupe, French Guiana and Reunion), Germany, Honduras, Ireland, Israel, Italy, Japan, Jordan, South Korea, Kosovo, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands (applicable to Aruba and Netherland Antilles), New Zealand, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Portugal, Serbia, Singapore, Slovenia, Spain( applicable to all territories), Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, UK( applies to British territory in Europe( the British Isles, the Channel Islands and Gibraltar- except the Republic of Ireland- Also applicants must be nationals of the United Kingdom), Yugoslavia (Bosnia and Herzegovina, Croatia, the republic of Macedonia, Slovenia, Montenegro, Serbia and Kosovo continue to be bound by the treaty in force with the Socialist Federal republic of Yugoslavia ( SFRY) and the time of dissolution. |
What are the eligibility criteria for E1 Visa?
- Existence of a qualifying treaty of commerce and navigation between US and foreign State
- Applicant and/or business possess the nationality of the treaty county
- Nationals of the treaty country must own at least 50% of the US business
- Applicant must be coming to US solely/primarily to engage in substantial trade
- Trade must be principally between the United States and the treaty country (Trade must be international)
- Applicant, if an employee, is destined to an executive/ supervisory position or possesses skills essential to the firm’s operations in the United States.
- Applicant intents to depart the US upon termination of E1 visa
What does “substantial trade” mean?
“Substantial trade” refers to the ongoing exchange of goods or services between treaty countries. The trade must be continuous and involve numerous transactions over time, with a significant volume/monetary value of the transactions.
What are the eligibility criteria for E2 Visa?
- Existence of a qualifying treaty of commerce and navigation between US and foreign State
- Applicant possesses the nationality of the treaty county
- Nationals of the treaty country must own at least 50% of the US business
- Applicant has invested or actively in the process of investing
- Enterprise is real and operating commercial enterprise
- Applicant’s investment is substantial.
- Enterprise is more than marginal one and not solely for earning a living
- Applicant is in a position to “develop and direct” the enterprise
- Applicant is destined to an executive/ supervisory position or possesses skills essential to the firm’s operations in the United States and
- Applicant intents to depart the US upon termination of E 2visa
What does “substantial investment” mean?
There is no set minimum investment amount for an E-2 visa; however, the investment must be substantial relative to the total cost of the business, meaning it should be significant enough to ensure the business’ success or capacity to generate more income than just to provide a living to the investor and family. While investments typically range from $100,000 to $200,000, the amount can be lower than $100,000 depending on the nature and specific needs of the business provided that the money invested is sufficient to ensure the success of the business.
What is a marginal business for the purpose of E2?
A “marginal business” refers to an enterprise that does not have the capacity to generate more than enough income to provide a minimal living for the treaty investor and their family. This means that your investment must create an enterprise that:
- Has Present or future capacity to generate significantly more income than just what is needed to support you and your family or
- Has the capacity to make a significant economic contribution by creating jobs for US workers.
By providing a detailed business plan with realistic projections will help you overcome the marginality issue.
What does direct and develop mean?
The investor/ employees of foreign corporation must demonstrate that they personally develop and direct the enterprise. Investors who have 50% or more control of the business generally engage in developing and directing the business.
- Direct: To “direct” the business means to be actively involved in managing and overseeing the operations of the business. The investor must play a key role in the day-to-day activities of the business, ensuring its success and growth. This typically means being in a position of control, such as an executive or managerial role.
- Develop: To “develop” the business means to actively work on growing or expanding the business. This can include making improvements, increasing production or sales, or introducing new products or services. The investor must be involved in making decisions that contribute to the ongoing development and success of the enterprise.
I am already in the USA on another visa; Can I apply for a change of status to E2?
Yes. You can. However, your change of status valid only while the applicant remains in the United States. Once you leave the US, you will have to reapply for E2 in the US consulate of your country. Simply having an approved I-129 change of status does not provide re-entry privileges. This is because a change of status (via Form I-129) only modifies your immigration status while you’re physically present in the U.S. It does not provide you with a visa stamp that would allow re-entry.
Is it possible to receive the E2 visa before actually investing money in the U.S.?
E2 visa regulations require that the funds be irrevocably committed before the visa is issued. This requirement can be met by demonstrating that your funds are already at risk, such as by purchasing a business or by being in the process of purchasing a business through an escrow account.
How do I start the business, if I don’t have the E2 Visa?
Many business activities can carry out on B-1 Visa status. Some of these are visits to the premises, initial meetings with clients, and other activities necessary to set up the business. However, involved in running the daily operation of the business is strictly prohibited.
My friend is planning to gift me $100,000 for my E-2 investment. Would that be acceptable?”
While it is possible to receive a gift from a friend, this scenario may be heavily scrutinized by the officer, as it is uncommon for someone to give such a large amount of money as a gift.
Can my family gift me $100,000 for my investment?
Yes. However, you have to prove the relationship and the money from the family comes from a lawful source.
Where can I get information about investment ideas in the United States? A good place to start is https://www.trade.gov/selectusa a u.s. This is a U.S. Government web portal that contains useful information about locating a business or investing in the United States.
Can my Spouse work on her E2 visa?
The spouse gets E2S visa which will be automatically granted work authorization incident to his/her E2S. No formal filing for EAD is required. However, the dependent children are not allowed to work.
Can my Children attend school on E2 visa?
Children get E2Y visa and they are allowed to attend school on that. They are also allowed to transfer to F1 visa if they are eligible for an F1.