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A Comprehensive Guide to

E-2 Visas

Navigating the Path to U.S. Business Success & Immigration Prosperity

Welcome to DeMine Immigration Law Firm, where we specialize in providing comprehensive immigration services to investors and entrepreneurs. Today, we will guide you through the intricacies of the E-2 visa, explaining its purpose, application process, eligibility criteria, and common questions.

What is an E-2 visa and who is it for?

The E-2 visa is a non-immigrant visa that allows foreign nationals to enter and work in the United States based on a substantial investment in a U.S. business. This visa is designed for investors and entrepreneurs who wish to develop and direct the operations of an enterprise in which they have invested or are in the process of investing a significant amount of capital.

What is the typical timeline for the E-2 visa?

The timeline for obtaining an E-2 visa can vary based on individual circumstances and the processing times of the consulate. On average, the process may take several weeks to a few months. Initial processing times depend on the U.S. embassy or consulate where the application is submitted and the volume of applications they are handling.

What is the cost for the E-2 visa?

The cost associated with the E-2 visa includes the filing fee for Form DS-160, the visa application form, and any additional costs associated with legal representation, document preparation, and related services. At DeMine Immigration Law Firm, we provide transparent fee structures and work closely with our clients to ensure they are fully aware of all associated costs.

What is the eligibility for the E-2 visa?

To be eligible for an E-2 visa, applicants must meet several requirements:
  1. Nationality: The applicant must be a national of a country that has a treaty of commerce and navigation with the United States, allowing for the issuance of E-2 visas. To find a listing of treaty countries, go here.
  2. Substantial Investment: The investor must have invested or be actively in the process of investing a significant amount of capital in a bona fide U.S. enterprise.
  3. Control and Development: The applicant must demonstrate that they have a controlling interest in the U.S. business and that the investment will generate more than enough income to provide a minimal living for the investor and their family.
  4. Intent to Depart: E-2 visa holders are required to maintain an intention to depart the U.S. once their E-2 status expires.


How to apply for the E-2 visa?

The application process for the E-2 visa involves several key steps:
  1. Investment: Make a substantial investment in a U.S. enterprise.
  2. Visa Application: The applicant or their employer submits Form DS-160 online and pays the required visa application fee.
  3. Supporting Documentation: Provide supporting documentation, including evidence of substantial investment, source of investment funds, ownership by a treaty national, and the treaty relationship between the U.S. and the applicant's home country.
  4. Visa Interview: Schedule and attend a visa interview at the U.S. embassy or consulate in the home country.
  5. Approval and Entry: If approved, the applicant can enter the U.S. to develop the U.S. enterprise.

Our experienced immigration attorneys at DeMine Immigration Law Firm are here to guide you through each step of the process, ensuring a smooth and successful application. We prepare your documents for filing, ensuring that the filing complies with the consulate's requirements and prepare you for your interview.



Frequently Asked Questions

What is the primary purpose of the E-2 visa?
The E-2 visa is designed to facilitate foreign investors and entrepreneurs in establishing and managing businesses in the United States.
Is there a specific minimum investment amount required for the E-2 visa?
While there's no fixed amount, the investment must be substantial and sufficient to ensure the success of the business. It should also be proportionate to the total cost of establishing or purchasing the enterprise.
Can family members accompany me on an E-2 visa?
Yes, spouses and unmarried children under 21 years old can accompany the principal E-2 visa holder to the U.S. Accompanying spouse may work however, accompanying children are allowed to study but cannot work.
How long is the typical processing time for an E-2 visa?
Processing times vary, but on average, they take several months. This includes creating the U.S. entity, document preparation, submission of your packet to the U.S. consulate, visa interview scheduling, and approval.
Can I apply for an E-2 visa if my country doesn't have a treaty with the U.S.?
No, eligibility for the E-2 visa requires the investor's nationality to be from a country that has a treaty of commerce and navigation with the United States. You may find a list of treaty countries here.
Can I change my status to E-2 if I'm already in the U.S. on a different visa?

In certain cases, it may be possible to change status to E-2. Consult with an immigration attorney for a case-specific assessment.

Is the E-2 visa limited to certain types of businesses?
No, the E-2 visa is available for a wide range of businesses, including startups, franchises, and existing enterprises.
Can I travel freely in and out of the U.S. on an E-2 visa?
Yes, E-2 visa holders can enter and exit the U.S. as needed, provided they continue to meet the visa requirements.
What happens if my E-2 business fails or changes ownership?
If the business ceases operations or undergoes a significant ownership change, the E-2 visa status may be affected. It's important to consult with an immigration attorney in such situations.
Can I apply for permanent residency (green card) while on an E-2 visa?

The E-2 visa does not provide a direct path to permanent residency. However, investors may explore other immigration options, and our firm can provide guidance on potential strategies.


These FAQs offer a brief overview, and for personalized guidance, we encourage you to reach out to our experienced team at DeMine Immigration Law Firm.

At DeMine Immigration Law Firm, we are committed to providing personalized and effective solutions for your immigration needs. Contact us today to embark on your journey to obtaining an E-2 visa and pursuing your business goals in the United States.

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