US Immigration

E-2 VISA

 

QUALIFICATIONS FOR E-2

  1. Must have a treaty between the US and the foreign applicant’s home country

Got to: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html for a list of the treaty countries.

  1. Must show that he/she has made a substantial investment (no set amount). Substantial Investment is tested by the Proportionality Test but typically close to $150,000.
  2. Investor (s) from same foreign country must own 50% of US business or more.
  3. Enterprise must be more than marginal-investment must return enough income to provide more than just a living for the applicant and his family.

 

EMPLOYEES OF E-2 QUALIFYING COMPANIES

E-2 Executive/Supervisory Employee must be a citizen of foreign country that owner of E company originates from and come to the US to supervise other workers;

E-2 Essential or special skilled employee must have special qualifications that make the service to be rendered essential to the efficient operation of the enterprise.

Contract can have an E-2 contingency clause- where final funds needed to close the deal will be released upon approval of the E-2 visa by the US Consulate abroad or by approval of the E-2 change of status application by the US Immigration Service.

 

HOW LONG CAN YOU STAY IN E-2 CLASSIFICATION?

When a foreigner has an approved E-2 visa in hand, they enter the US and get at most a two-year E-2 status depends how long the visa is good for. Every two years it must be extended, and an E-2 visa must be renewed six months before it expires usually.