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Understanding the E-2 Visa: A Guide for Investors and Entrepreneurs

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The E-2 visa is a popular nonimmigrant visa available to citizens of over thirty countries that have treaties with the United States of America. This visa allows foreign nationals to come to the United States to direct and develop businesses. With an E-2 visa, you can reside in the U.S., start a business, and work for your business. This article provides an essential guide to understanding the E-2 visa, its eligibility requirements, and the application process.

What Is the E-2 Visa?

The E-2 visa is a nonimmigrant visa that allows people with significant funds to invest to come to the United States to develop and direct a business. This visa is for investors, entrepreneurs, and individuals looking to run a business in the U.S. However, the E-2 visa is only available to individuals from countries that have an E2 treaty with the United States, including the following;

  • Albania
  • Armenia
  • Bahrain
  • Bolivia
  • Canada
  • Colombia
  • Egypt
  • Japan
  • Philippines
  • United Kingdom

By getting an E-2 visa, your spouse and children may also qualify for E-2 visas. Your spouse can work, and your children can go to school in the U.S. Additionally, while this visa does not make you a permanent resident of the U.S., it can be extended any number of times and even indefinitely, as long as the business concerned continues to be viable.

E-2 Visa Eligibility Requirements

The following are the main requirements that must be met for someone to be eligible for an E-2 visa;

  • You must be from a country that has an E2 treaty with the U.S.
  • You must make a substantial investment in a U.S. business
  • Your investment funds must originate from a legal source
  • You must demonstrate an intention to leave the U.S. once your E-2 status ends
  • The enterprise must be a real, active, and operating commercial business that provides goods or services
  • The business concerned cannot be a marginal one
  • You must be coming to the U.S. to direct and develop your business
  • The capital must be subject to loss if the investment fails

The E-2 Visa Application Process

If applying from within the U.S., the following are the steps involved;

  1. Ensure you meet the eligibility requirements
  2. Prepare and file Form I-129 (Petition for a Nonimmigrant Worker)
  3. You will receive a decision from the United States Citizenship and Immigration Services (USCIS)

The following are the application steps for someone applying from outside the United States;

  1. Ensure you meet all the eligibility requirements
  2. Complete and file Form DS-160 (Online Nonimmigrant Visa Application)
  3. After submitting your application, you’ll be required to attend an interview at a U.S. consulate or embassy
  4. If approved, your passport will be stamped with the E-2 visa

One crucial aspect of the E-2 visa application is proving the source of the investment funds. Investment funds can originate from various sources, including loans, gifts, savings, and inheritances. The funds must be lawfully obtained.

Conclusion

The E-2 visa offers a valuable opportunity for eligible investors and entrepreneurs to live and work in the U.S.

Contact a New York City E Visa Lawyer

To learn more or for legal guidance, contact a skilled New York City E Visa lawyer at The Law Offices of Elsa Ayoub, P.L.L.C. today.

Source:

uscis.gov/i-129

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