E-2 Investor Visa

If you are interested in investing in a business or enterprise in the United States, you may apply for an E-2 (Treaty Investor) Visa. This visa will allow the holder to enter the U.S. on a non-immigrant basis to invest, as long as they are a member of a treaty country and satisfy the relevant criteria.

You can apply for the E-2 Visa directly at the Embassy/Consulate at your home country. 

Each Embassy/Consulate has different requirements for how they would like the Applicant to present his E-2 case. Some posts even limit the application to a specific amount of pages, while others are more liberal.  It is always recommended to check the Embassy/Consulate’s website to find out what that post’s specific requirements are. In general, the majority of Embassies and Consulates will require the following:

1. Application 

The process begins with an online application. A cover letter must be submitted that describes the enterprise and its beneficiaries. The letter must also show that the applicant meets the visa requirements, as set out in the U.S. Department of State Foreign Affairs Manual (9 FAM 402.9).

• The treaty exists (9 FAM 402.9-4(A))
• The nationality of the business must be of the treaty country (9 FAM 402.9-4 (B))
• The applicant is/will be an investor (9 FAM 402.9-6 (B))
• The authenticity of the business or enterprise (9 FAM 402.9-6 (C ))
• The applicant has invested substantially (9 FAM 402.9-6 (D))
• The enterprise is for-profit and for earning a living (9 FAM 402.9-6 (E))
• The applicant is/will be in a position to develop and direct the enterprise, and possesses skills necessary for its operations in the U.S.  (9 FAM 402.9-6 (F),(B))
• The applicant intends to leave the U.S. when the visa expires (9 FAM 402.9-4 (C ))

2. Forms

The applicant must submit the following forms: 

• DS-160 (for all principal investors and employees)
• DS-156E (for all principal applicant employees – not investors)
• Receipt proving payment of MRV fee
• Detailed company letter of applicant’s job (including title, role, all compensations, qualifications, and company contact information)

3. Applicant Info

The applicant must submit proofs of their identity, nationality, education, and work experiences.  

4. Ownership

The applicant must submit documents proving ownership of the enterprise. This includes the proven identities and nationalities of any other enterprise owners. 

5. Financial Information 

The applicant must show detailed breakdowns of their financial investment in the company or enterprise, as well as proof that the enterprise is real and active. The best way to show this is by including a comprehensive 5- year business plan 

What is the Duration of the E- 2 Visa?

The E-2 visa may last from 2 to 5 years, depending on the applicant’s country of origin.

Applicant’s Family

The applicant’s spouse and children (unmarried and under 21 years of age) may join them in the U.S. Based on their relationship with the principal E-2 holder, they may hold E-2 visas as well. This visa will also allow the children to attend school and college/university and the spouse to work (with Employment Authorization).   

Brudner Law in Irvine is experienced in the visa application process and can walk you through it. We handle a wide range of immigration matters from initial application, to waivers and appeals. Contact us online or at 714 794 9366 today.