Business Ownership and U.S. Visas: What Entrepreneurs Need to Know

  E-2 visas are among the most frequently requested business visas among entrepreneurs who wish to establish a business in the United States. Their benefits include the absence of a quota (as long as an individual is eligible for the visa, it can be issued at any time), the ability to renew or extend the visa an unlimited number of times, and a significantly lower investment cost than the EB-5 visa, which is less than $500,000. Finally, the business is anticipated to support a maximum of 3-4 employees for an E-2 visa, as opposed to a minimum of 10 for an EB-5 visa. The sole disadvantage is that they do not provide a direct route to a green card. Is the E2 visa appropriate for you? Continue reading to discover the answer.

What is an E-2 visa? The E-2 visa is a Treaty Trader and Investor visa for the United States. It is a non-immigrant visa category in the United States that is granted to individual investors or investing companies from countries that have a treaty with the United States. The investment may be made in any industry or enterprise. Is there a treaty between my country and the United States? Your home country must have a treaty with the United States that enables you to be eligible for an E-2 visa. Please refer to the link below to access a comprehensive catalog of treaty countries on the Department of State website. Is there a treaty between my country and the United States? Your home country must have a treaty with the United States that enables you to be eligible for an E-2 visa. Please refer to the link below to access a comprehensive catalog of treaty countries on the Department of State website.

What are the eligibility criteria for an E-2 visa?There are numerous requirements that must be satisfied in order to qualify for an E-2 visa, including:An individual investor must be a national of a country that has an investment treaty with the United States. If the applicant is a company, it must be owned by a treaty investment country at least 50%. The employee must be a national of a treaty investment country and hold a supervisory, managerial, executive, or specialized knowledge position (essential employee) if a company is dispatching an employee with an E-2 visa. The investor, whether an individual or a company, must have the intention of investing a significant quantity of capital in a legitimate business, whether it is new or existing. A bona fide corporation is a legitimate entity that generates revenue through the production of goods or services.

In order to generate a profit, the investor (whether an individual or a company) must guarantee that the business generates more than a mere livelihood. Marginal profit requirements are waived for new enterprises; however, they must satisfy this requirement within five years.The investor, whether an individual or a company, must have the objective of furthering the business through the investment. The funds must be deposited into a bank account or an agent by the investor (individual or company) until their visa is approved. The investor must intend to return to their country of origin upon the completion of their employment. This final requirement is of paramount importance, as the majority of individuals encounter complications with it as their time in the United States progresses. This is particularly problematic and may constitute a violation of the E-2 visa status if an individual wishes to file for an EB-2 visa while in the United States. For additional information on EB-2 business visas, please refer to the related article by Kyle Huffman.

What is the duration of my E-2 visa? Your E-2 Visa's validity period is contingent upon your nationality and may extend from three months to five years accordingly. This is also referred to as the "reciprocity period." The Treaty between the United States and your country essentially establishes the validity period of the E-2 Visa. The E-2 Visa is valid for a specified period of time, during which you will be permitted to enter the United States until the expiration of the visa.What is the maximum duration of my stay in the United States after I have entered with my E-2 visa? This is referred to as the "period of stay," which is distinct from the "validity period" that was previously mentioned. The period of remain is the duration of your stay in the United States, irrespective of the validity period of your E-2 visa. The duration of your stay in the United States will be determined upon your arrival, and the E-2 Visa will be valid for a period of two years. In order to extend your stay in the United States, you must either renew or extend the duration of your E2 Visa.

What is the distinction between renewal and extension? In order to extend your E-2 visa and remain in the United States, you must submit an I-539 application to USCIS. Extensions are granted in two-year increments and may be renewed by the investor as frequently as desired. As long as the investor continues to demonstrate their intention to return to their native country and meets all of the eligibility criteria for the E-2 visa, extensions will be granted.

In the event that an E-2 investor becomes eligible for a different type of visa, they have the option to submit a change of status application to USCIS.Yes. The primary visa holder's spouse and unmarried offspring under the age of 21 are considered dependents. They have the option of applying concurrently with the primary visa holder or at a later date after the E-2 visa has been issued. If the spouse continues to desire a physical EAD card and requires documentation to verify their identity and work authorization, they may submit an I-765 application; however, they are not required to do so.

What is the duration of the E2 visa processing process? Processing timeframes differ based on whether you are applying at a consulate or with USCIS within the United States. There is typically a processing time of 3-5 months when petitioning with USCIS. For the most recent processing times, please refer to the USCIS processing times webpage, which is provided below.