The E-2 Visa, otherwise known as the Investor Visa, is a non-immigrant visa that allows entrepreneurs and business owners to enter and work in the United States based on an investment in a business that they will be actively managing and controlling while residing in the US.

The first step for any potential E-2 investor considering the E-2 investment visa is determining whether you are eligible to apply for it. To apply for an E-2 visa, you must be a national of a Treaty Country with a valid passport of this country. 

To check if your country of nationality qualifies click on the link to our blog:  https://www.vizamerica.com/who-is-eligible-for-an-e-2-visa

No, so long as you qualify as a national of an E2 Visa Treaty Country, your wife or husband and children do not have to be from a Treaty Country.

In evaluating E-2 applications, consular officers must determine whether the:

(1) Requisite treaty exists;

(2) Individual and/or business possess the nationality of the treaty country;

(3) Applicant has invested or is actively in the process of investing;

(4) Enterprise is a real and operating commercial enterprise;

(5) Applicant's investment is substantial;

(6) Investment is more than a marginal one solely for earning a living;

(7) Applicant is in a position to "develop and direct" the enterprise;

(8) Applicant, if an employee, is destined to an executive/supervisory

position or possesses skills essential to the firm's operations in the

United States; and

(9) Applicant intends to depart the United States when the E-2 status terminates.

The E2 Investor Visa is for from three months to five years, depending on your country of nationality, and can be extended indefinitely. 

To check how long your E-2 visa could be valid for click on the link to our blog:  https://www.vizamerica.com/how-long-is-e-2-visa-valid-for

Pre-COVID it took 6 months or less, post-COVID we still take 3 to 4 months to file, but the consulates are extremely backlogged and take 6 months to arrange interviews. As the backlogs are dealt with, those dates will go back to normal processing times.

Yes, your husband or wife can obtain a work permit, also known as the EAD, which takes 90 to 120days after you get your visa.

No

All kids under the age of 21 years old will be allowed to come with you to the US on an E-2 and study. 

Social Security Numbers never expire, so if you've had one in the past, you still have one.

There is no minimum value regardless of what you read on the internet. 

The investment has to be substantial for the type of business you choose to invest in. 

However, our company has chosen to place a minimum for what we will handle at $60,000.

The Applicant must prove that they are in possession and control of the funds (the money is theirs) and that they received the money by legitimate means. The funds can be from savings, inheritance, gifts, and loans. So yes, a loan can qualify for investment funds so long as the new business' assets do not secure the loan. All funds must have originated from a legitimate source, which means the US Government will want to know where your money in savings came from (how did you get it) and even if a gift the how the person giving you the money received the money must be proven.

Thus, the answer to the question Can I use a Loan for my investment is yes so long as it is not secured with the business' assets.

There is a great deal of documentation required here to "trace" the source of the funds from beginning to end (the end being the business' bank account). Some examples of documents would include; Bank Statements, Loan documents, Pay Statements from a prior job, Wire Transfer Receipts, and more.

Any expense both current and past that is directly related to the operations or startup of the business can qualify as your E2 investment.

For example:

- trips to the US for the purpose of business acquisition or site review 

- office expenses

- legal fees

- business consulting fees

- cars if required for the business

- company setup

- marketing expenses

- phones, laptops

- leases

- inventory

- equipment

- patents and IP

- software licenses

- required business or personal licenses

and many, many more.

The E2 visa investment money must be 'committed and at risk' for it to qualify as an investment prior to applying for the visa.

This means that you have to spend the money on business expenses, not just have it sitting in your bank.

You are allowed to maintain some cash as working capital. 

Our company likes to keep the Client's cash in the bank - working capital - at or below 10% of the total investment.

It depends on how you've spent it, and the contracts you've entered. 

We have different ways to protect your money in the unlikely event of an E2 visa denial.

We've been extremely successful utilizing a number of methods, including negotiating on our Clients' behalf contractual terms with vendors, investment in escrows, or trust accounts. 

In all, if necessary, we can protect about 80% of your investment. 

However, it's worth mentioning that we have a 100% success rate.

In almost all cases, the answer is no. However, if the home is an integral part of the business, then you can.

So for example, a working farm where the home is part of the overall business would count.

The list is almost unlimited. However, businesses that earn passive income only such as real estate investment is prohibited. It has to be a business that you actively run.

Yes

There are two pieces to this question.

From an E2 perspective, simply owning property and renting it is considered passive income and not allowed as a business.

However, if in the process of owning that property you are also actively managing it through maintenance, renter acquisition, vendor management, then it would be considered a property maintenance business and would be allowed.

In many states, property management requires state licensing.  

The second piece of the answer.

Once you obtain a visa through a qualifying business investing personally in commercial properties is allowed. So yes, you can own properties and rent them out, just not as a business for the E2 visa.

EIN is a tax identification number for a business.

Just as a person has a Social Security Number (yes, you get one when you get your visa), a business has a TAX ID as well.

Yes, after you get your visa, if there is a true business need, they would qualify for an 'Essential Employee Visa'.

Not all criminal convictions will result in visa denial, and we've been successful with E2 visa applications for our Clients who criminal convictions.

Typically crimes of moral turpitude are not waivable. That said, each offense has to be evaluated on its own merits.

If you have a criminal conviction, this affects the process from the timeline standpoint, as a criminal waiver will need to be submitted and adjudicated in Washington DC. The process takes at least 6 months after we file.

Contact us to speak with an attorney about how we can help your E2 visa application despite your criminal conviction.

In most cases, it doesn't affect your E2. However, it all depends on the reason for your denial. But the fact you had your visa denied does not have to mean that your future visas will be denied too.

Contact us to schedule your free consultation with an attorney.

Most likely, you'll not be allowed into the US for a period of time, based on how long you've overstayed.