Investing or engaging in substantial trade with the United States may require a U.S. Investor Visa under the Treaty Trader (E-1) or Treaty Investor (E-2) categories. These nonimmigrant visas allow individuals from treaty countries to enter the U.S. temporarily for specific business activities. Below, we provide an overview of the investor visa requirements, the application process, and the costs for both the E1 Visa and E2 Visa.
You must be a national of a country that has a trade treaty with the United States.
The U.S. enterprise conducting the trade must have at least 50% ownership by nationals of the treaty country.
The trade between the U.S. and your home country must be significant and continuous. Over 50% of the trade must be with the U.S.
Trade is the exchange of goods, services, and technology.
If you are not the primary trader, you must have a vital role in the company, either in a supervisory or executive capacity or possess essential operational skills.
You must intend to depart the U.S. when your E-1 status expires.
Similar to the E-1, you must be a national of a treaty country.
The U.S. enterprise conducting the trade must be owned by at least 50% of the treaty country's nationals.
The investment in the U.S. must be substantial enough to ensure the successful operation of the business. Passive investments, such as uncommitted funds in a bank, do not qualify.
The business must be real and operational, generating income beyond providing for the investor's family. It must have a meaningful economic impact on the U.S. economy.
If you are the principal investor, you must direct and develop the business. Non-investor employees must serve in supervisory or executive roles or possess essential skills.
You must intend to leave the U.S. once your E-2 visa expires.
When undergoing the E-2 visa application, the investment enterprise must not be deemed marginal. A marginal enterprise lacks the present and future potential to generate more than enough income to support the investor and their family. This criterion is essential under the investor visa requirements and is closely scrutinized by immigration authorities.
Treaty traders, investors, and their employees are only authorized to work in the specific business or activity for which their E-1 or E-2 visa was granted. This requirement means that any substantial changes in employment or the nature of the business require special consideration and, often, approval from United States Citizenship and Immigration Services (USCIS).
Any substantive changes to the treaty trader or investor's employment or business must be reported and approved by USCIS. A substantive change refers to a fundamental alteration in the employer's basic structure or the visa holder's role that could affect E-1 or E-2 visa eligibility.
Applying for an Investor Visa (E-1 or E-2) involves multiple steps, which vary slightly depending on the U.S. embassy or consulate where you apply. Here is a general outline:
Fill out the DS-160 form for nonimmigrant visas. Print the confirmation page to bring to your visa interview. Upload a photo following the specific Photograph Requirements.
While interviews are generally required for most applicants, some exceptions exist based on age and other factors. It is essential to schedule your visa interview early, as wait times can vary by location and season.
The U.S. Investor Visa cost includes a non-refundable application fee of $315. If your visa is approved, you may also be required to pay an additional visa issuance fee, depending on your nationality.
Before your visa interview, prepare: A passport valid for six months beyond your intended stay, DS-160 form confirmation, proof of visa application fee payment, and any additional documentation including Form DS-156E for E-1 or E-2 Visa applicants in executive roles.
During the interview, a consular officer will assess whether you meet the criteria for the U.S. Investor Visa. Be prepared to provide additional documentation to demonstrate the legitimacy of your trade or investment and your qualifications.
The consular officer may request further administrative processing after the interview or ask for additional documentation to establish that the business or investment complies with U.S. law. The exact documentation requirements can vary by applicant, so it is essential to prepare your application thoroughly.
The total cost for a U.S. Investor Visa includes the $315 application fee and potentially a visa issuance fee, which varies by nationality. Other potential expenses include legal fees if you hire an attorney to assist with your Investor Visa application.
Individuals under both E-1 Visa and E-2 Visa classifications are initially permitted a maximum stay of two years.
Requests for an extension of stay or changes to E-1 or E-2 status can be granted in two-year increments. Unlike many other visa categories, there is no cap on the number of extensions a treaty trader or investor can request. No cap means that as long as you continue to meet the investor visa requirements, you may remain in the U.S. for an extended period.
If an E-1 or E-2 visa holder travels abroad, they may be granted a new two-year period of readmission upon returning to the U.S., assuming they are deemed admissible by U.S. Customs and Border Protection (CBP). This extension allows flexibility for international travel while maintaining visa status.
One advantage of the U.S. Investor Visa is that it extends certain benefits to the family members of the principal visa holder.
The spouse and unmarried children under 21 years of age of the E-1 or E-2 visa holder can also apply for an E visa as dependents. Another advantage is that nationality does not need to be the same as that of the treaty trader or investor.
Dependent family members are typically granted the same period of stay as the principal E-1 or E-2 visa holders. They can remain in the U.S. as long as the principal visa holder's status is valid.
Spouses of E-1 and E-2 visa holders are automatically authorized to work in the United States. Unlike other visa types that require spouses to apply separately for work authorization, spouses of E-1 and E-2 workers are considered employment authorized as a condition of their visa status.
Children, however, are not automatically granted work authorization under this visa category. They can attend school or engage in other activities but are only permitted to work if they qualify under a separate visa category.
Completing the Investor Visa application process can be overwhelming, but it will be well worth it with the proper preparation. The E-1 and E-2 Visas provide valuable opportunities to engage in trade or invest in U.S. businesses. Ensure you gather all required documentation, pay the necessary fees, and prepare for your visa interview to increase your chances of success.
If you are interested in learning more about how to apply for U.S. Investor Visa, visit your country's U.S. embassy or consulate website for specific application instructions and additional guidance.
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