What is an E-2 visa?

The US immigration laws provide for what is known as the E-2 investment visa. This investment visa is essentially a nonimmigrant visa to the U.S. for a national of any of the countries with which an appropriate treaty of commerce and navigation exists. Realistically, this U.S. visa is a self-sponsored U.S. work permit.

An individual who wish for Immigration through investment must develop and direct the operations of an enterprise in which he/she has invested, or must be actively in the process of investing a substantial amount of capital to be to apply for a treaty investor visa (E2). The category is popular because unlike the L-1 category, it is not necessary to maintain a business outside the USA and unlike the L-1 status, E-2 Investment visas can be renewed every five years without limits. The E-2 investment visa is a nonimmigrant visa and should not be confused with the EB-5 Investor Visa (discussed later) which is designed for individuals of any country seeking to permanently seek immigration to the US. (obtain a green card) by investing anywhere from $500,000 to $1,000,000.

What documents are required to apply?

E-2 Treaty Investors must submit a copy of the company’s most recent financial statement. E-2 Treaty Investors must also submit a comprehensive letter from the principal alien’s company or employer identifying the applicant and describing in detail the nature and function of the investment and the extent of the principal alien’s participation in the investment. The letter must be on the current company/employer’s letterhead, with an original signature from an authorized company representative, and must be addressed to the Visa Office, Department of State. The letter should contain a statement of unequivocal intent that the applicant will depart the US when E-2 status ends.

E-2 applicants must also submit

• One Nonimmigrant Visa Application, Form DS-156, completed in English, with the applicant’s original signature. The principal applicant MUST give his/her US home telephone number in the space numbered item 16. The form must be typed or printed. Please spell out the month of birth (i.e., write "January 2," not 1/2 or 2/1). If the DS-156 is incomplete or improperly filled out, the passport(s) will be returned without obtaining a visa to the USA. The Visa Office accepts only the February 2003 version of the DS-156. This version includes a space for a bar code sticker. An online version of this form is available at https://evisaforms.state.gov/ds156.asp?lang=1.
• One Supplemental Nonimmigrant Visa Application, Form DS-157, for all male applicants between the ages of 16 and 45, regardless of nationality, in addition to the DS-156. The DS-157 must be typed or printed. All questions on the DS-157 must be answered. Applicants whose native language is not written in the English alphabet should print their names in their native language in item 3 of the DS-157. An online version of this form is available at http:/www.state.gov/m/a/dir/forms/
• One photograph stapled or glued to the DS-156 in the designated space, which meets the nonimmigrant photograph requirements. Do not submit a photograph in a glassine or other type of envelope. Staple or glue one photograph to the DS-156 in designated space.
• A passport valid for travel to the US and valid at least six months beyond the US visa application date (including Visa Office processing time). If more than one person is included in the passport, each person applying for a visa to USA must submit a visa application. You must present the passport bearing your most recent E visa. Each applicant receives an individual visa, and each Machine Readable Visa (MRV) covers a full passport page. Therefore, passports must contain a blank, unmarked visa page for each US visa to be placed in the passport. Remove extraneous pieces of paper (slips of paper with phone numbers, old airline boarding passes, etc.) from the passport. You may submit a passport in a protective cover.
• The original or a certified copy of Form I-94, Arrival-Departure Record annotated by the Department of Homeland Security (formerly INS) inspector from your most recent admission to the US.
• If the spouse and/or dependent children are applying for visas separately from the principal alien, submit certified copies of the principal alien’s valid visa and valid I-94 (front and back) in addition to the other listed requirements.
• Visa issuance reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables at http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3272.html to determine if you must pay a visa issuance reciprocity fee.
• Nationals of the United Kingdom, please note that there is a reciprocal visa issuance fee in the E-2 category of $105 per applicant. Reciprocity fees are in addition to the $100 visa application processing fee that each applicant must pay.
• A prepaid courier service air bill and envelope or a self-addressed stamped envelope for return of the passport and other documents. The Visa Office does not endorse the use of any particular commercial courier service. If using the US Postal Service, the Postal Service recommends a padded envelope for passport return. A family should submit one courier air bill/envelope or one self-addressed, stamped envelope for the return of their documents. Please use your address as the “from” address on the air bill or the self-addressed envelope. Please ensure that you have written your courier company account number or that you have given the courier company a valid credit card number on the air bill. Due to the large amount of documentation submitted with an investment visa, ensure that your return envelope is large and strong enough to hold your documentation.

Note that E-2 investment visa applicants can submit a variety of other documents demonstrating that an investment or trade between the US and treaty country is substantial. Your US immigration lawyer should be able to provide you with a document checklist.

Which countries have E-2 Treaty Investor Status?

The following countries have E-2 Treaty Investor Status: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Singapore, Slovak Republic, Slovenia, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom and Yugoslavia.

Can spouses or E-1 and E-2 investment visa holders work?

Yes. A spouse of an E-1 or E-2 visa holder can work with an employment authorization document. Spouses must file an I-765 application with a regional service center along with proof of the spouse’s visa status.

Can one change to E-2 investment visa status from within the US?

Yes, the US Immigration and Naturalization Services (USCIS) has the authority to approve a change to E-1 or E-2 status from another non-immigrant visa. However, once an applicant leaves the US, the applicant must apply for E investment visa status at a consulate. Because the consulate can reject the application, one risks being put in a position where a substantial investment is made in a business in the US and then the applicant is unable to return to the US to run the business. Consequently, applicants are urged to exercise caution when first attempting to apply for E status in the US.


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