The E2 visa, also known as the Treaty Investor Visa, is a non-immigrant visa that allows foreign investors from treaty countries to enter and work in the United States. It is a popular choice for entrepreneurs and business owners who wish to start or buy a business in the U.S. However, the process of obtaining an E2 visa can be complex and confusing. This article aims to provide expert immigration advice by unveiling frequently asked questions, eligibility criteria, and renewal process for the E2 visa.
Understanding the E2 Visa
The E2 visa is a type of non-immigrant visa that allows nationals of treaty countries to enter the U.S. to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital. The E2 visa is not a path to permanent residency, but it can be extended indefinitely as long as the visa holder maintains the investment.
Frequently Asked Questions about the E2 Visa
Here are some sample E-2 visa questions that are frequently asked:
- What are the E-2 visa travel restrictions? E2 visa holders can travel freely in and out of the U.S. However, if the visa expires while they are outside the U.S., they must apply for a new one before re-entering.
- Can E2 visa holders work in the USA? Yes, E2 visa holders can work legally in the business they have invested in. However, they cannot seek employment outside of their business.
- How long is the E2 visa valid? The E2 visa is typically valid for two years, but it can be extended indefinitely.
- Can I apply for an E2 visa while in the U.S.? Yes, you can apply for a change of status to an E2 visa if you are already in the U.S. on a valid non-immigrant visa.
- What is an E-2 dependent? The spouse and unmarried children under 21 of an E2 visa holder can also obtain E2 dependent visas to accompany the principal visa holder.
E2 Visa Eligibility Criteria
To qualify for an E2 visa, you must meet the following criteria:
- You must be a national of a treaty country.
- You must have invested or be in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S.
- You must be seeking to enter the U.S. solely to develop and direct the investment enterprise.
- Your investment must be at risk, meaning it must be subject to partial or total loss if the business fails.
E2 Visa Extension and Renewal
The E2 visa can be extended indefinitely in two-year increments as long as the visa holder maintains the investment. Here are the E2 visa renewal requirements:
- You must file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) before your current E2 status expires.
- You must demonstrate that you still meet all the E2 visa requirements.
- You must show that you intend to depart the U.S. when your E2 status ends.
In conclusion, the E2 visa is a great option for foreign investors who wish to start or buy a business in the U.S. However, the process can be complex and requires careful planning and preparation. It is recommended to seek expert immigration advice to ensure a successful application.
