Frequently Asked Questions About The E2 visa

No. Being in the United States is not required. You can schedule a phone or Skype consultation with The E2 visa Lawyer immediately. Schedule a Consultation.

Most of our clients travel to the US to coordinate their E2 investment. We recommend that you schedule your consultation early on to understand the E2 requirements. Learn more about the E2 visa Requirements.

You do not need to travel to the US at any point during the E2 visa application process. You can coordinate everything via internet and telephone. You may apply at a US Consulate abroad. Still, it’s important to come to the US at least once before committing to invest in the E2 business.
Most for-profit businesses are eligible. Passive and speculative investments are not. For example, investing in real estate or stock will not qualify you for an E2 visa. All other types of for-profit business are eligible.
The E2 Visa Lawyer represents:

  • Tech startups
  • Software development companies
  • SaaS companies
  • Architecture firms
  • Consulting firms
  • Insurance companies
  • Art galleries
  • Restaurants
  • Coffee shops
  • HVAC service companies
  • Bakeries

We are open to others.

Processing time varies and depends on these 3 factors:

  1. Processing via USCIS vs the US Consulate in your home country
  2. Whether you pay the immigration administration premium processing fee ($1,225)
  3. Time spent gathering information and documents

Application at the U.S. Consulate abroad. 2-3 months preparation and processing times from the moment we receive all your information.

Application with USCIS. With premium processing, 1-2 months after receiving all your information. 5-6 months without.

Keep in mind that it will likely take you 1-2 months to gather all the information.

The next step is an E2 visa interview at the U.S. Consulate. The processing time varies per Consulate. The interview generally takes place 4-10 weeks after filing the E2 application.
In most countries, applying for an E2 visa in the US is more efficient. Canada is one notable exception. All E2 visa applications for Canadians must go through the US consulate, so applying from the US (through change of status) is less efficient.

Note: The Toronto US Consulate is the only one that issues first time E2 visas.

Employees of E2 visa companies can apply in Ottawa, Vancouver, Calgary, Montreal, and Toronto. This has been in effect since March 1, 2016.

Yes. Joint ventures are permitted. To get an E2 visa, you must own a majority stake and have the capacity to make binding decisions. You must show that you will “develop and control” the joint venture.
Yes. Your spouse and children too can get an E2 visa. They each receive their own. Your spouse may work in any field, with no restrictions, once obtaining work authorization. This is in contrast with other visas which do not always authorize the spouse to work in the US.
No, although it does not prevent it. For most E2 visa investors, a green card is redundant. You may extend it as many times as you need as long as the business operates properly. Applying for a green card remains an option if you qualify under one green card category (Eb-5, extraordinary ability, employment or family based).
Gifts from family are a legitimate source of fund. Gifts count toward your investment in the E2 business. You must provide a complete money trail of the source of funds.
You do not need to complete the sale, but you must sign a purchase agreement. You may put your investment in escrow and condition your purchase on approval of the E2 visa.
Most E2 visas last for 4 or 5 years. You may extend this as many times as needed as long as the business is operating. You must file a renewal application when your visa is set to expire.
Immigration officers allow you entry for 2-year intervals. This means that you will have to travel before the end of the initial 2-year period. Traveling generally extends your period of stay for another 2-year term. Additionally, before the end of your 4-year E2 visa, you will need to apply for a renewal.
Employees of an E2 business can get an E2 visa. They must have the same nationality as the E2 employer to qualify. They must also take a managerial or special technical position. Such employees must possess special qualifications that render their services essential to the efficient operation of their respective E2 businesses.

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