The E2 visa, known by the regulations as the treaty investor visa, is typically known as the investor visa. It is for foreign nationals who seek to direct and develop a business that they have invested into in the United States.
No, not every foreign national is eligible for the E2 visa. In order to be able to apply, you must have citizenship with a country that has a treaty of trade and commerce with the United States. For example, Spain has this treaty and those with Spanish citizenship, regardless of where they live, can apply for the E2 visa. Portugal does not have a treaty with the US, and so Portuguese nationals are unable to apply.
As long as you have citizenship with at least one country that has the requisite treaty, you should be able to apply for the E2 visa. For example, if you are Brazilian and French, you can use your French citizenship to apply. You would be unable to use your Brazilian citizenship.
The regulations do not set forth a set amount for investment. What the regulations require is that the foreign national make a substantial investment. A high investment amount, such as a million dollars, will typically be seen by the officer as a substantial investment. However, in other circumstances, a $100,000 investment could be seen by an officer to be a substantial investment.
The regulations do not require that you create any direct jobs for the visa to be approved. Pursuant to a President Trump Executive Order, the ability to create jobs for American workers is important for a variety of visas, including the investor visa.
Yes and no. The regulations allow you to place the funds in an escrow account, with language stating that the funds will be released once the investor visa is approved. The funds must be placed in that escrow account before you can apply for the visa.
Yes, you can have partners, and the partners do not have to be from your same country. As long at least 50% of the company is owned by foreign nationals from the same treaty country (such as Spain), you should be eligible for the investor visa.
Yes. If you are eligible for the investor visa, you can bring some employees from your home country, that possess the same nationality as you, to work in your business in an executive, managerial or specialized knowledge capacity. For example, you have obtained an E2 visa based on your Spanish citizenship. You can bring other Spanish citizens to work for you in your company.
The regulations require that the business be real and operating. Different officers have different understandings as to what real and operating means, but typically it is when the business is generating income.
Possibly. If you entered the country on any visa with the passport you are seeking to apply for the visa under, you may be able to apply for the visa while in the US. For example, if you have dual nationality, such as Brazilian and French, and you entered the US under your Brazilian passport, you would not be able to apply for the visa in the US. You would have to seek the visa at a consular office outside of the US. If you entered the US with the ESTA through your French passport, you also would have to apply for the visa at a consular office outside of the US.
You will be able to work in the US for the company you applied for the visa with. You will not be able to work for any company you like in the US, without applying for another type of visa.
Your spouse will be eligible to apply for a work authorization card, and once provided, your spouse will be able to work for any company in the United States, as long as the work authorization card is valid. Furthermore, as long as you have a valid E2 visa, your spouse will be able to renew the work authorization card. Your children are not eligible for a work authorization card
The E2 visa can be given to foreign nationals for up to five years. For example, as noted above, Ukrainian citizens only get an E2 visa that is valid for 3 months. Let’s say the visa expires on December 31, 2020. If the Ukrainian citizen enters the US on December 24, 2020, the investor and family will be authorized to remain in the US until December 23, 2022.