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E-2 Visa Lawyer

JQK Law: Your E2 Visa Attorney

The E2 nonimmigrant visa allows foreign investors and entrepreneurs to live in and operate a business in the U.S. If you are a foreign national looking to invest in or start a U.S. business, securing an E2 visa can be critical to your journey.

At JQK Law, our immigration lawyers will help you pursue your next venture. Our team will work with you to determine the best visa options for you, your family and your employees.

Contact us today to schedule an initial consultation.

What Is the E2 Visa?

The E2 visa is a specific category of nonimmigrant visa also known as a “treaty investor visa.” It is not a path to a green card and does not allow the visa holder to have permanent residence in the U.S. Instead, the visa allows foreign entrepreneurs to operate a business in the U.S.

Certain employees, spouses and children may also qualify for an E2 visa.

E2 Visa Eligibility

To qualify for an E2 visa an individual must:

  • Be a foreign national of a treaty country. These are countries with a treaty of commerce, navigation or other international agreement with the U.S.
  • Made, or making, a substantial investment in a U.S. business.
  • Be at least 50% owner in the business.
  • Seek to enter the U.S. solely to develop or direct the enterprise.
  • Be the employee of an individual with treaty investor status. Employees must be of the same nationality as the treaty investor. They must also be an essential employee engaged in an executive or supervisory position, or have a highly specialized skill capacity.
  • Be the spouse or unmarried child under 21 years old of a treaty investor or employee.

Substantial Investment Defined

A “substantial” amount is defined broadly. There is no set dollar amount. For an investment to qualify, it must:

  1. Be significant in relation to the total cost of either purchasing or establishing a business.
  2. Sufficient to show the treaty investor’s commitment to the successful operation of the business.
  3. Sufficient to show that the investor will successfully develop and direct the enterprise.

E2 visas are available to those investing in an existing business or starting a new business in the U.S.

The E2 Visa Process: A Step-By-Step Guide

You can apply for an E2 visa with either the United States Citizenship and Immigration Services (USCIS) or a consulate abroad.

Adjustment of Status

If you are residing in the U.S. on a different visa, you will petition for a change of status with USCIS. You will need to file a change of status petition with USCIS. Unlike the consular process, you can pay a $2,500 fee for Premium Processing to get a decision on your visa in as little as 15 days.

Consular Processing

If you are applying outside of the U.S. you will need to go through visa processing with your country’s U.S. embassy or consulate. In general, you will need to do the following:

  • Determine eligibility: Before applying for an E2 visa, you must determine if you meet the treaty investor visa requirements. An experienced immigration lawyer can help you understand the qualifications and whether your circumstances make you a good candidate for an E2 visa.
  • Gather documentation: To apply for an E2 visa, it is important to gather all documentation. Required documents include proof of nationality, business plans, purchase agreement, bank account statements, proof of control of investment funds, passport, etc.
  • File visa application: Complete and submit Form DS-160 to your embassy or consulate for processing.
  • Interview: Schedule an interview with the nearest embassy or consulate. During the interview, you will need to give more information about your business and intentions in the U.S.
  • Receive visa: If you are approved, you will receive your visa in the mail. You can then travel to the U.S.

Pros and Cons of the E2 Investor Visa

The E2 visa is a nonimmigrant visa meaning that it is temporary. However, it can be issued for up to five years and can be renewed indefinitely. An E2 investor visa also allows spouses and unmarried children to stay in the U.S. A spouse can receive work authorization and children can attend U.S. schools.

You cannot appeal an E2 visa denial. However, you can reapply. An E2 visa lawyer can help you determine why your application was denied, what actions you may need to take with your business, and appropriate avenues to reapply or select a different visa type.

How Our E2 Visa Lawyer Can Help

At JQK Law, our seasoned immigration lawyers help investors and entrepreneurs from treaty countries obtain their visa. Using our client-centric approach, we determine your visa eligibility, possible complications and solutions to the visa application process.

Our law firm’s services include:

  • Eligibility assessment: Our immigration lawyers will assess your eligibility for a treaty investor visa.
  • Business planning: Our team can assist you with visa requirements by ensuring your business operations meet essential criteria.
  • Assistance with visa applications: An immigration attorney will help complete and file visa applications for the principal investor, employees and qualifying family members.
  • Advocacy during USCIS or consular processes: An E2 visa lawyer will guide you through the process, communicate with officials and advocate on your behalf.
  • Visa renewals: E2 visas are temporary, but can be renewed indefinitely. We help foreign nationals who wish to continue operating their business in the U.S. and need to renew their E2 visa.

Let an experienced immigration attorney at JQK law help you navigate the visa process.

Applying for an E2 Visa? Contact JQK Law Today

If you are grappling with the complexities of the E2 visa, an immigration lawyer at the JQK Law firm is ready to assist.

Our E2 visa lawyers are experts in immigration law and will help with the visa application process. We are committed to guiding and supporting you through every step of your venture.

The legal team at JQK Law provides tailored solutions to address your unique circumstances. We help entrepreneurs around the globe make their dreams a reality.

Schedule a consultation with an immigration lawyer here.

Frequently Asked Questions

What Is the Minimum Investment Required for an E2 Visa?

There is no minimum dollar amount for a qualifying investment. A substantial investment amount will vary based on the type of business, size of the business, operating account, etc.

Is There a Specific Industry Requirement for an E2 Visa?

No. There is no specific industry requirement. The focus is on demonstrating the business’ viability and potential to provide significantly more income for you, or a significant economic impact.

Can I Change to Another Visa Category on an E2 Visa?

Yes. It is possible to change lawful status to another visa category based on eligibility. You will need to apply for an adjustment of status with USCIS.

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