E-2 Visa

An E-2 visa allows a foreign national to come to the U.S. and work legally for a U.S. business and you may travel in and out of the U.S. until your visa status expires.  The U.S. business must have received a substantial cash investment from you or from citizens of your home country.  Your children and spouse may accompany you to the U.S. on visas granted based on their relationship to you.

E-2 Visa Requirements

While you can apply for an E-2 visa while in the U.S., it is not common. Most applicants will apply from outside the U.S. and will begin by making an appointment at the U.S. consulate in their country. 

In order to qualify for an E-2 visa, you must meet the following E-2 visa requirements:

• The company in the U.S. for which you are coming to work must be your own or one that has at least 50% ownership by citizens of your country
• You must be a citizen of a country which has an investor treaty with the U.S.
• You or your company must have made a substantial investment in the U.S. business
• The U.S. company must be a legitimate for-profit business
• You must intend to leave the U.S. at the end of your business dealings

E-2 Visa Fees and Costs

The E-2 visa costs include the visa application fee (currently $131.00) and the cost of the visa issuance fee which varies from country to country. 

E-2 Visa Documents Needed

The necessary E-2 visa documents include the following:

• Form DS-156 (Nonimmigrant Visa Application)
• Form DS-156E (used specifically to apply for the treaty trader and treaty trader investor visa)
• Form DS-157 (only needed if visa applicant is a male between ages of 16 and 45)
• Passport
• Proof of the nationality of the qualifying business owners
• Proof the investment is substantial
• Proof that you work for a legitimate company

E-2 Visa Extension Rules

Once you have an E-2 visa, you can file for an extension of up to 5 years, but your status must be reviewed and your I-94 card will likely have to be extended as well because it will expire after two years if not extended.

Help from a US Immigration Lawyer

The E-2 visa is a complicated legal process compared to most visa applications.  As noted in the list of required documents above, you need to prove not only your status in the sponsoring company, but you also need to prove the status of your company, its relation to the U.S., the substantial amount of investment, and the majority of trade is with the U.S. and not with any other country.  All of these specific E-2 visa requirements are best handled by an experienced immigration attorney who can help you prepare all the documents for you, or for your company.