The E-2 nonimmigrant visa

Direct and control the operations of a qualifying business from inside the United States.

What is an E2 Investor Visa?

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.”

Reviews

What our customers say about us

Satya Choudhury
Satya Choudhury
2023-09-20
I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.
hoshino ryuichi
hoshino ryuichi
2023-09-12
Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
Koonfur Galbeed
Koonfur Galbeed
2023-09-08
Nuur kerow Adan
Tanuj Dewan
Tanuj Dewan
2023-06-10
Outstanding Immigration Attorney: Highly Recommended! Rating: ⭐️⭐️⭐️⭐️⭐️ (5/5) I had the pleasure of working with Verdie Atienza and his team at Davies & Associates , a top-notch immigration attorney in the United States. Their professionalism, expertise, and dedication throughout the process were exceptional. With in-depth knowledge of immigration law, they provided accurate advice and addressed all my concerns, instilling confidence. Verdie Atienza and his team meticulously reviewed my documentation and maintained excellent communication, keeping me updated regularly. What sets Davies & Associates apart is their unparalleled attention to detail. Communication with Verdie Atienza and his team in USA and Sukanya Raman in India was always prompt and efficient. They promptly returned my calls and emails, providing regular updates on the progress of my case. This level of responsiveness and transparency significantly reduced my stress levels, as I knew I could rely on their support and guidance throughout the entire process. Their personalized approach, ethical conduct, and genuine care for my success made them an outstanding attorney. I highly recommend Davies & Associates for all your immigration needs.
Wong Peter
Wong Peter
2023-05-24
Professional Team!
Christine Envall
Christine Envall
2023-04-25
Getting my E2 Visa was a very in-depth process that took just over a year from when I committed to it, but 8 months from when I found a business I wanted to purchase. The only reason I'm giving 4 and not 5 stars is because the timeframe was a lot longer than expected from the initial information. Aside from the timing, Verdie and his team led me through the Visa process, providing all the guidance I needed to be successful, including advising me on the RIGHT type of Visa to suit my goals. Within the process I purchased a business and the greater Davies team included lawyer Rinat who helped me put the deal together. One of the biggest parts was my Business Plan which created from my info by Ana Ortiz, who did an incredible job. The process is certainly tedious and Verdie & Christina were always there to answer my questions, provide suggestions and advice and ensure I had all the documents I needed to support my application. I appreciated their patience with my questions and their advice and in the end, the application was so thorough the interview process was quick and easy. I highly recommend Davies & Associates and look forward to working with them again when it's time to renew my Visa.

E2 Visa Application Process

COS or Consular Processing

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.

Which Consulate to Use

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.

E2 Visa things to know

Benefits of E2 Visa

  • No minimum amount of capital for investment. While USD 100,000 is recommended, investment can be USD 50,000 or less.
  • Investment does not have to be cash.
  • Ability to travel freely to and from the United States.
  • Unlimited renewals, potentially for the rest of an applicant’s life.
  • Ability for a spouse to work in the US for any employer.
  • Option to purchase a businesses or business franchise.
  • No minimum number of jobs to be created.
  • Quick E2 visa processing times. Application is made directly at the consulate.
  • E2 visas are “never denied”, they are “refused”.
  • Potential tax benefits over permanent residents.
  • Ability to transition to a Green Card at a later stage.

E2 Visa Requirements

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.

Golden Rule for E2 Visa Success

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.

Insights

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Case Study

E-2 for Essential Employee- Singapore

Our client had established a company in the United States to provide their existing international business clients with direct market access to U.S.- listed securities, and to commence business operations, they needed to transfer certain key personnel to the United States. One such employee they had wished to transfer was someone who was extensively involved in the development of the company’s proprietary IT system which would serve as the backbone of their US entity’s technological ecosystem.

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E-2 Visa: Change of Status approved for a Singaporean national amidst the COVID-19 pandemic

The client entered the US on a visitor’s visa and recognized the opportunity to set up a full-service business coaching and management consulting company with the goal of improving client’s profitability and increasing operational efficiency. He is the head of a private equity and capital markets firm in Singapore responsible for raising millions in sees capital from various investors and overseeing all aspects of business strategy, corporate governance and product development for global startups. 

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Can a spouse work on L1 Visa

Yes, the spouse of an L1 visa holder can work in the United States. An Employment Authorization Document used to be required, but USCIS has updated the guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.

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About Davies & Associates

Our Unique Selling Point (USP) sets us apart. We deliver unmatched quality and innovation, ensuring exceptional value for our customers.

Access to team of industry-leading EB5 lawyers 

Each highly experienced with a specific area of the law:

  • A local immigration lawyer
  • A real estate lending or finance lawyer
  • A specialist US Source of Funds documentation lawyer
  • A senior US visa attorney

Cost Effective Solutions for your Goals

We help our clients meet their personal and business goals by providing them with the very best and most cost-effective immigration solutions available.

Global solution, local support

Our team operates globally to provide the local support that our clients need to prosper in their new home.

Why make Davies & Associates Your E2 Lawyers?

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.

  • We were one of the first law firms to obtain an E2 Visa for a client via the Grenada Citizenship by Investment Program.
  • We have also made clients eligible for the E2 visa through the Turkey Citizenship by Investment Program.

FAQ

Not finding your question?

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.

Contact

Have a question or would like to discuss your visa requirements?