There are three types of E-2 investor visas:
1. E-2 Investor Visa
An E-2 Treaty Investor Visa enables a citizen of a treaty country to “direct and control” the operations of a qualifying E2 business from inside the United States.
2. E2 Specialized Worker Visa
An E-2 Specialist Worker Visa allows specialist workers with the same nationality as the owner of an E2 business to work in the United States.
3. Derivative E-2 Visa
A derivative E-2 Visa allows certain family members of a principal E2 visa holder to lawfully reside in the United States and work for any employer in the United States.”
The first decision is whether to file for Change of Status (“COS”) to E2 status from within the United States or for an E2 visa at a US consulate.
– E2 status is different to an E2 visa. E2 visas can only be obtained from a US consulate outside the United States. An experienced E-2 visa lawyer can help you understand the relevant steps at the applicable consulate.
– The application procedure for the US E visas is unique in that it does not involve an application to the US Department of Homeland Security (“DHS”) or US Citizenship and Immigration Services (“USCIS”).
– DHS and USCIS only adjudicate an US E2 visa Change of Status cases and extension of E2 status cases filed from within the United States. – USCIS and DHS are not involved in the initial adjudication of an E visa. This gives E1 and E2 visas a significant advantage in terms of processing time.
As consular procedures vary and processing times vary the choice of consulate can be critical. Your E vis lawyer can advise you on this choice. Consular options include:
– The consulate where the applicant lawfully resides will process the application fee and adjudicate an E visa application.
– The consulate in an applicant’s home country.
– Sometimes the consulate serving the area where an applicant is visiting may be willing to adjudicate and application.
U.S. immigration laws do not mandate a lot of required documentation in E-2 visa cases. Knowing the documentation expected by different officers in different consulates is key when filing E-2 visas in a specific consulate.
The application procedure for the US E visas is unique in that it does not involve an application to the US Department of Homeland Security (“DHS”) or US Citizenship and Immigration Services (“USCIS”).
DHS and USCIS do adjudicate E2 visa Change of Status cases and extension of E2 status cases filed from within the United States. E2 status is different to an E2 visa. E2 visas can only be obtained from a US consulate outside the United States.
Most visas involve two steps: (1) adjudication by DHS/USCIS; and (2) visa processing by the applicable consulate. E visa application are made directly at a US consulate. USCIS and DHS are not involved in the initial adjudication of an E visa. This gives E1 and E2 visas a significant advantage in terms of processing time.
The consulate where the applicant lawfully resides will adjudicate an E visa application. In addition to the consulate where an applicant resides, the consulate in an applicant’s home country or even the consulate where an applicant is visiting may be willing to adjudicate and application.
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Davies & Associates has helped hundreds of families move to the United States on the E2 Visa. While there can never be any guarantees, in fifteen years we have yet to have any E2 visa application we have prepared denied when our clients have followed our recommendations.
With an E2 Visa , You will have temporary residency, but no limits on number of renewals
No caps or quotas for E2 Visa , but you must be a citizen of a treaty country
No minimum but usually > $100,000
For an E2 Visa you must acquire, invest in, start, or expand a business or franchise.
It is possible to set up an E2 Visa qualifying real estate company but it cannot be a “passive investment”
For an E2 Visa , no set minimum but 2 jobs are strongly advised.
Spouse permitted to work, children can accompany until aged 21
You would not pay tax on non-US income unless you meet the Substantial Presence Test. Please make an appointment with our tax lawyers.
Processing times for the E2 Visa are relatively quick. The E2 Visa is processed at US embassies and consulates and applicants do not need to wait for approval by the US Citizenship and Immigration Services (USCIS). Click here to find out the latest waiting times at your nearest embassy or consulate.
Have a question or would like to discuss your visa requirements?