Applying for an E-2 visa? It’s highly recommended to consult with an immigration attorney.
The US is undeniably the land of the free and the home of the brave. But that’s not all. This country is also a haven that cordially invites and warmly embraces foreign investors.
However, for any foreign investor to set up in this country and enjoy the perks that follow, including outstanding infrastructure and access to a lucrative consumer market, they need several things. The topmost on the list of must-haves is an E-2 visa.
Do you know what an E-2 visa is? If not, don’t worry; we have your back. Our article will introduce the nuts and bolts of E-2 visas, including a brief definition, must-know benefits, eligibility requirements, and denial reasons.
E-2 Visa Explained
An E-2 visa is an official document that allows you, an investor, to enter the US and set up a business, office, or practice.
E-2 visas are not to be confused with immigrant visas. For starters, E-2 visas belong in the nonimmigrant category. Unlike immigrant visas issued to foreigners who want to become permanent residents of the United States, E-2 visas are reserved for foreign investors and entrepreneurs from treaty countries.
Treaty countries are simply nations that either:
- Maintain a Treaty of Friendship, Commerce and Navigation with the US
- Have an international qualifying agreement with the US
- Are deemed qualified by legislation
Why Investors Need E-2 Visas
One of the questions that often run through investors’ minds is this: is an E-2 visa essential? The simplest answer is yes. Why?
Lenient requirements for kids and spouses
Like most non-immigrant visas, an E-2 visa allows you to enter the US and live with your spouse or children under 21. That is so because E-2 visa guidelines entitle an applicant’s spouse and kids to derivative status.
However, the same doesn’t apply to other close family members, such as elderly parents and cohabitating partners. Generally, such individuals need additional documents like B-2 visas to travel and live with an E-2 visa holder in the US.
Free education for dependents
Arguably, this is by far the best news yet. The law allows E-2 visa dependents to enjoy free education in the US.
Simply put, with an E-2 visa, your kids may attend public schools in The States, and you won’t have to pay a dime under the right circumstances. And if you want your children to reap the benefits associated with US private schools, you can take them to an institution of your choosing.
What about my spouse, you may ask? An E-2 visa gives your spouse access to any level of schooling in the Americas.
Foreign worker sponsorships
Once you’ve established operations in the United States, sponsoring employees from your country and bringing them to the US is possible. That is, provided you have a valid E-2 visa, and the foreign workers in context meet eligibility requirements. What does that mean?
An E-2 visa holder can only sponsor workers from the same treaty country. Also, the sponsored foreign employees must be destined for supervisory, essential-skills, or executive positions. Unskilled or ordinary workers don’t qualify for this type of sponsorship.
E-2 Visa Requirements for Investors
E-2 visas are available to investors that meet the following requirements:
- Are nationals of a qualified treaty country
- Have or plan to invest a significant amount of money in a bona fide business in the US
- Want to enter the US for one exclusive purpose: to develop and direct an investment enterprise
E-2 Visa Application Process
To apply for an E-2 visa, follow these steps:
- Step 1: Check if you meet all eligibility requirements
- Step 2: Talk to an E-2 visa lawyer
- Step 3: Set your enterprise and open a bank account
- Step 4: Move funds into the E-2 company’s bank account
- Step 5: Use the investment funds to cover relevant business expenses
Grounds for E-2 Visa Denial
Not all E-2 visa applications are approved; some are outright rejected.
The E-2 visa denial rate in the fiscal year 2020 was 12.21%. The unlucky few were denied for numerous reasons, including:
- Lack of substantial investment
- Investor failure to irrevocably commit their investment
- Incongruencies in application forms
- Applicant failure to follow filing requirements
- Business failure to meet marginality requirements
Need Expert Help? Hire an E-2 Visa Lawyer
If you’ve never faced the E-2 visa application process, let a reputable E-2 visa lawyer guide you through it. A professional will help you maneuver all essential facets and phases, offer invaluable insights and advice, and ensure everything flows seamlessly.
Most importantly, experienced attorneys are familiar with the stumbling stones and pitfalls that often plague E-2 visa applicants. So, they are better positioned to help you avoid them and reduce the risks of denial.
Frequently Asked Questions
How long will I have to wait for my E-2 visa?
The E-2 visa processing time depends on your location. Typically, investors applying from the US have to wait for around 5 months. But applying through a consulate outside the US can take anywhere from a couple of weeks to a few months.
Is an E-2 visa application free?
No. The authority that processes your application will likely charge several fees. These include the basic filing fee for I-129 petitions, biometric service charges, and DS-160 visa application filing fees. Plus, you have to pay extra for premium processing services.
Can I appeal a denied E-2 visa?
When it comes to E-2 visas, appealing is not a viable option. The best recourse is to reapply, submit a new application, and prove you meet all requirements.