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If you want to invest with a United States business from outside of the country, an E-2 visa will be required. This type of visa establishes a nonimmigrant status that allows individuals to remain in the United States for up to five years. In this blog post, our immigration law team at Nomos Law Group LLC (Nomos Law Group) discusses what an E-2 visa is and the requirements for obtaining one.

Contact an experienced immigration lawyer at Nomos Law Group if you need assistance with your E-2 visa application or any other immigration court matter. We represent clients across the United States and Canada, and we're also multilingual. Call us at (833) 617-8654 if you have any questions. We provide free consultations and services tailored to our clients' needs.

What is an E-2 Visa?

If you are a citizen of a treaty country and wish to invest in a United States company, you will need an E-2 visa. A treaty country has a commercial treaty or another qualifying agreement with the United States. To determine if your country qualifies as a treaty country, ask an immigration lawyer or reference the U.S. Department of State list.

An E-2 visa is a nonimmigrant classification that allows investors, employees, and their families to live and work within the United States. It is a temporary residency classification typically lasting three months to five years. However, extensions are available, if necessary, with no limit on the number you can be granted. The maximum initial stay is two years, with unlimited extensions in two-year increments available. You must maintain the intention to depart once your status expires/terminates.

E-2 Visa Requirements

A treaty investor must satisfy specific requirements to be eligible for an E-2 visa. The investor must:

  • Have citizenship in a treaty country. Non-citizens of the treaty country are not eligible.
  • Have invested a substantial investment in a legitimate United States business (the investment can be in progress). What qualifies as a substantial investment amount is determined based on several factors. In general, an investment of $100,000 or more is standard. A legitimate business is currently producing goods or services for a profit. Additionally, the invested funds must be at risk. This means the investor could lose their investment if the business fails.
  • Be seeking entry to the United States only to develop or direct the investment enterprise. The investor needs to either own at least 50 percent of the business or otherwise hold a position of operational control.

This article mainly refers to individual investors, but the investor may also be a business organization.

Common E-2 Visa Questions Answered By an Immigration Lawyer

 

Do My Employees Have Special E-2 Requirements?

Yes, employees wishing to join the investor in the United States must meet their own list of requirements. An employee must:

  • Have citizenship in the same country as their employer (the investor).
  • Be a direct employee and not an independent contractor. An individual who does not meet the definition of “employee” under United States law does not qualify. Employees must have special skills that make them essential to the operation of the business.
  • Be an executive or supervisor or have unique qualifications. Employees may meet this requirement if they can prove expertise with a degree, demonstrate that no other employees have the same skillset, or show that their skillset is not readily available in the general United States workforce.

If you’re not sure whether your employee meets these requirements, contact one of our E-2 visa lawyers at Nomos Law Group to help you with the immigration process and guide you through the specifics of these requirements.

Can My Spouse and Child Come With Me?

Yes, the family of an investor or employee may join them in the United States if they also have E-2 visas. To qualify for this temporary family-based immigration, family members must be spouses or unmarried children under the age of 21.

If you would like to bring your spouse and other family members with you, they can apply for additional authorization to work while you’re in the United States. Your spouse can work anywhere and doesn’t have to be with the same business that received the investment.

What If I’m Already Living in the United States?

If you are an investor or employee already residing in the United States with another type of visa, you can request an adjustment of status to an E-2 by filing Form I-129. Need help? Contact one of our immigration lawyers at Nomos Law Group.

Nomos Law Group: Your E-2 Visa Immigration Law Firm

If you have any questions or need guidance in obtaining an E-2 visa and are searching online for an “immigration lawyer near me,” contact one of our immigration lawyers at Nomos Law Group. We speak English, Portuguese, Spanish, Greek, and French, and our team works with dedication and commitment to providing our clients with the highest quality services throughout the immigration process. We are a law firm that focuses on immigration law, with commitment, dedication, compassion, and responsibility.

You can trust the experienced attorneys at the Nomos Law Group with your E-2 visa needs and any other matters related to immigration law. We provide reliable immigration results for clients across the United States and Canada. Call us today for your FREE consultation at (833) 617-8654.

Copyright© 2022. Nomos Law Group LLC. All rights reserved.

The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

 

Nomos Law Group LLC
800 Boylston Street, 16th Floor
Boston, MA 02199
(833) 617-8654
https://nomoslawgroup.com/

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