An E-2 visa is a nonimmigrant visa which allows foreign investors from treaty countries to make a substantial investment in an existing business or create a new business in the U.S. The visa also allows the investor to bring certain categories of employees who are citizens of the treaty country to the United States to work for the company.

Albania

Argentina

Armenia

Australia

Austria

Azerbaijan

Bahrain

Bangladesh

Belgium

Bosnia & Herzegovina

Bulgaria

Cameroon

Canada

Chile

China (Taiwan)

Colombia

Congo (Brazzaville)

Congo (Kinshasa)

Costa Rica

Croatia

Czech Republic

Denmark

Egypt

Estonia

Ethiopia

Finland

France

Georgia

Germany

Grenada

Honduras

Ireland

Israel

Italy

Jamaica

Japan

Jordan

Kosovo

Kyrgyzstan

Latvia

Liberia

Lithuania

Luxembourg

Macedonia

Mexico

Moldova

Mongolia

Montenegro

Morocco

Netherlands

New Zealand

Norway

Oman

Pakistan

Panama

Paraguay

Philippines

Poland

Portugal

Romania

Senegal

Serbia

Singapore

Slovak Republic

Slovenia

South Korea

Spain

Sri Lanka

Suriname

Sweden

Switzerland

Thailand

Togo

Trinidad & Tobago

Tunisia

Turkey

Ukraine

United Kingdom

The nationality of a business is determined by the nationality of the individual owner or owners of that business. The nationality of publicly held companies is determined by the location of the stock exchange where shares are traded.

Although there is no requirement that the business have an office space, the business must be real and operating. Having an office space helps meet this requirement.

Existing business must be active commercial entities producing some service or commodity with the hopes of realizing a profit. If the investment is in a new enterprise, the enterprise must be ready to produce some service or commodity if the visa is issued.

There is no bright line requirement for determining whether an investment is substantial. However, the investment must be sufficient to ensure the investor's financial commitment to the successful operation of the enterprise and of a magnitude to support the likelihood of the enterprise's success.

Funds must be committed to the enterprise, such that they are subject to partial or total loss should the enterprise fail. Mere intent to invest, possession of uncommitted funds in a corporate bank account or prospective investment arrangements will not suffice.

A marginal business does not have the present or future capacity to generate enough income to make an economic contribution to the economy of the United States. An E-2 business must not only generate enough income to support the investor and their family. New enterprises' projected future capacity should be realizable within five years of the commencement of business activity.

Engel Feldmann partners with experts in business development. Our partners will work with you on the logistical and financial aspects of setting up a new business in the United States or purchasing an existing one. Our highly experienced attorneys and former Consular Officer will work collaboratively with our partners to prepare and submit your application and supporting documents to the appropriate Embassy or Consulate (or to USCIS for those already in the United States). Our former Consular Officer will then prepare you for the visa interview.

E-2 visa validity varies by treaty country. For example an E-2 visa for a Paraguayan investor is valid for for five years while an E-2 visa for an Azerbaijani investor has an initial validity of 3 months. The following link has information specific to each country.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

E-2 visas can be renewed indefinitely, provided the business continues to be real and operating, is not marginal and the investor continues to develop and direct its activities.

Spouses and unmarried children under the age of 21 are eligible to reside with the investor in the United States. Your spouse may, upon admission to the United States, apply with the Department of Homeland Security for an Employment Authorization Document which verifies employment eligibility. Spousal employment does not have to be for the E-2 company. Unmarried minor children are permitted to study in the United States.

Yes, provided the employee has the same treaty country nationality as the investor. Employees also must have executive or supervisory responsibilities or have special qualifications that make their service essential to the efficient operation of the enterprise.