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The two most common uses of the E-2 visa are for:

1. Investors
2. Employees, Executives, Supervisors and Essential employees.

1. As an Investor, the Foreign National applicant will generally be
required to do the following:

(a.) purchase an existing Business/enterprise;

(b.) invest into an existing Business/enterprise; or

(c.) invest into a new business enterprise.

  • The Foreign national applicant must own at least 50% of
the business and he/she must invest a “substantial”
amount of capital into the investment.

  • To qualify for an E-2 Investor Visa, the applicant must
develop and direct operations of an enterprise in which he
or she has invested or is actively in the process of
investing a substantial amount of capital.

  • The applicant must be a foreign national of a Country that
has a qualifying treaty with the United States.

  • The investment must be significantly proportional to the
total investment (usually more than half of the value of the
business) and An amount normally considered necessary to
establish a new business.

The E-2 investment visa, can be filed directly at the Consulate of
the Home Country of the applicant without the prior approval of
the USCIS or can be filed as a change of status if the applicant is
in the United Sates.

The E-2 visa can be approved in a matter of a few weeks if the
applicant is filing under Premium Processing in the United States.

The
Spouse of the E-2 Investor is eligible for an
employment Authorization Card, (Work Permit)
allowing the
spouse the ability to work legally in the United States at any legal
job not only the Investment enterprise.

The E-2 visa must be extended every Five (5) years however,
there is NO limit in extensions and an applicant may remain in E-2
visa status for an indefinite period of time, as long as the
investment enterprise is ongoing.

2. Where the E-2 visa applicant is an employee rather than an
investor that employee must be of the same Nationality of the
investor OR Company/Enterprise that has majority ownership of
the Business/enterprise.  

Unlike the H1B, there is no Quota on the number of employees
permitted.

The E-2 employee visa can be filed directly at the Consulate of
the Home Country of the applicant without the prior approval of
the USCIS or can be filed as a change of status if the applicant is
in the United States.

The E-2 visa can be approved in a matter of a few weeks if the
applicant is filing under premium processing in the United States.

The Spouse of the E-2 Investor is eligible for an employment
Authorization Card, (Work Permit) allowing the spouse the ability
to work legally in the United States at any legal job.

The E-2 visa must be extended every Five (5) years however
there is NO limit in extensions and an applicant may remain in E-2
visa for an indefinite time, as long as the investment enterprise is
ongoing.

Countries with Treaties for E-2 Visas:
Albania, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan,
Bangladesh, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria,
Cameroon, Canada, China (Taiwan), Colombia, Congo
(Brazzaville), Congo (Democratic Rep. of the), Congo (Rep.),
(Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt,
Estonia, Ethiopia, Finland, France, Georgia, Germany, Gibraltar,
Grenada, Haiti, Honduras, Iran, Ireland, Italy, Jamaica, Japan,
Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania,
Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco,
Mozambique, Netherlands, Netherlands Antilles, Norway, Oman,
Pakistan, Panama, Paraguay, Philippines, Poland, Romania,
Serbia Montenegra, Slovakia, Slovenia, Spain, Sri Lanka,
Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad &
Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Uzbekistan,
Yugoslavia, Wallis & Futura Islands, Western Sahara.
BOGLE
OKOYE
CHANG
BOGLE & CHANG, LLC
Copyright © 2008 Bogle & Chang, LLC.  All Rights Reserved.
E2 Work Visas:  Investors