The E2 investor visa is a wonderful option for entrepreneurs and businesses of all sizes.
The E2 Treaty Investor visa is a non-immigrant visa that allows the visa holder to direct and control a business in the United States
E2 investors and workers face a choice of changing status from another non-immigrant visa type from within the United States or filing for an E2 visa from the US consulate in Singapore.
Changing status from another non-immigrant visa has the disadvantage that when the individual on E2 status next leaves the United States he or she will have to obtain an E2 visa in a US consulate.
Note: It is not possible to “change status” from visa waiver status/ESTA from within the United States.
| Step | Description | Key Tips |
|---|---|---|
1 – Understand your business | Prepare a Business Plan | This is the single most critical part of the process. Allow a professional to prepare your plan. |
2 – Financial Planning | Plan the Funding for your Business | You need to show how you will obtain the required funding as outlined in your business plan. |
3 – Structure your Business | Set-up or restructure your US Business Entity (if needed) | Your immigration lawyer will advise you if your current business structure meets applicable legal standards. |
4 – Corporate Legal: Compliance | Ensure you have met all applicable licensing and required Federal, State and local compliance for your business | Work with a good corporate lawyer who can assist you with this work. |
5 – Corporate Legal: liability protection | Ensure you and your business are properly protected with employment agreements, trademark registrations and other items. | Your corporate lawyer can assist you with this, |
6 – Fund Your Investment | Place required funding in escrow or spend E2 investment funds. The US Consulate in Singapore have issued gridlines that specifically reference the use of escrow accounts. | A common fallacy is that the E2 investment has to be spent. Our firm typically places all investment into escrow form where it is spent over time, we have never had a case denied or a question on this strategy. |
7 – Photographs | Ensure you have photos for all family members applying that meet DOS requirements. | Carefully reviews photo requirements at https://www.ustraveldocs.com/sg/sg-niv-photoinfo.asp |
8 – Prepare Supporting Application Package | The US consulate in Singapore have published distinct instructions for E2 visa applications filed in Singapore. | Allow an experienced immigration lawyer to complete this step for you. |
9 – Prepare for DS 160 | While your lawyer will prepare this document for you it is your declaration. You need to read it and be familiar with it. | |
10 – File your E2 Application | Your lawyer will complete and file form DS 160 and your E2 visa application package at the US Consulate in Singapore. | E visas are unique in that they are filed at the US consulate and not at USCIS. This saves substantial processing time. |
11- Interview | Attend interview in Singapore with a lawyer from our Singapore office. | The US consulate in Singapore is one of the few consulates in the world that allow a lawyer to attend your consular interview with you. |
The US Consulate in Singapore will want to be convinced that you have a genuine business which is either already operational or capable of immediately commencing operations. The business plan is the single most important part of the E2 visa application process. This is your opportunity to present and explain your business to the US consular officer.
You will need to determine the funding needed for your business. Your E2 visa investment must be “substantial” in relation to the overall funding required for the business. While there is no minimum investment prescribed by law a minimum investment of USD 100,000 is generally advisable for E2 visa purposes.
For E2 visa purposes any form of lawful business formation will suffice for E2 visa purposes so long as the E2 investor owns 50% or more of the business. Lawful forms of businesses include:
(1) Limited Liability companies LLCs;
(2) Limited Partnerships (LPs); and Corporations (Inc.).
While the choice of LLC, LP or Inc. is not meaningful for E2 purposes you will want to consider taxation, liability and other non-immigration issues.
An E2 visa will not be issued unless the US business is capable of lawfully operating. Accordingly, you will need to ensure that your US business has all necessary licenses and permits. Our firm represents a number of Singaporean financial services and other entities which require licenses in order to lawfully operate in the United States. Fortunately, our US corporate lawyers are able to assist clients meet this need.
Before obtaining your E2 visa you will need to place your investment “at risk”.
Funds placed in a business checking account which have not been spent will not be counted as being “at risk”. Clients often report being told that funds must be spent ahead of an application for an E2 visa. Unfortunately this is false and demonstrates a fundamental misunderstanding of the E2 visa process.
According to the US Consulate in Singapore’s guidelines and US State Department Guidelines in 9 FAM 402.9-6(B)(d) you are able to satisfy this requirement by placing funds in escrow.
Proper preparation for your E2 visa interview is essential. Key interview preparation tips include: Having a practice interview with our firm’s Singapore E2 visa team. Considering having an E2 visa attend your interview with you. Reviewing the latest list of questions which our clients report being asked at the consulate in Singapore. Make sure you are familiar with every detail in your business plan and are ready to answer questions on it.
Yes, Singapore is one of the few consulates that allows this
An E2 visa may be issued for any period of time up to the maximum period given in the visa reciprocity table. The visa reciprocity table is given two tables published by the US State Department. We have amalgamated these two charts for convenience.
There is no minimum investment amount but the investment must be “substantial” in relation to the size of the business. While the US State Department recommends a minimum investment of USD 100,000.00 this is only a guideline and a smaller investment may qualify.
US Consulate in Singapore
The US Consulate in Singapore is located at:
27 Napier Road
Singapore 258508
Tel: (65) 6476-9100
Fax: (65) 6476-9232
The consulate accepts visa related questions via e-mail at: [email protected]
Davies & Associates in Singapore
In Singapore our firm is incorporated at Global Citizenship Services Pte. Ltd.
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