The E-2 visa benefits certain foreign nationals who wish to own, manage or work at a foreign owned company in the United States. As a starting point, the United States must have a bilateral investment treaty with the applicant’s home country. Click here for list of eligible countries. The initial applicant must be in the process of opening a business in the United States to qualify for the E-2 visa. Then the company is allowed to bring in foreign employees who will serve as an executive, manager or who has specialized knowledge of the company’s products and procedures.
The E-2 is another versatile business visa. For example, I have obtained E-2 visas for both small and large companies, and for individual owners. Some examples include: Bakery, Software Development Firm, Restaurant, Bar, Real Estate Development Company and Construction Company.

Eligibility Requirements for an E-2 Visa:

An applicant can be an individual investor or foreign company. As a general rule, the initial applicant must be in the process of opening a business in the United States to qualify for the E-2 visa. Either must meet the following requirements:

• The United States must have a bi-lateral trade agreement with the foreign national’s country
• The individual investor and/or business applicant must be a national of the “treaty” country
• For a business to meet this requirement, at least 50% of its owners MUST be foreign nationals who are citizens of the treaty country
• The company within the United States must be an operating commercial enterprise
• Investment in the company must be substantial. No specific minimum dollar amount constitutes “substantial”. Instead substantial equals:
• The amount of qualifying funds invested compared to the fair market value of the established business OR
• If the business is new, then the cost of establishing this type of business
• The initial individual investor and/or business applicant must have invested or be actively in the process of investing substantial funds
• The initial individual investor and/or business applicant must prove that the enterprise will generate a significant economic contribution to the U.S., via jobs, trade, income.
• The initial individual investor and/or business applicant will develop and direct the investment company

What Kind of Company Can Obtain the E-2 Visa:

Almost any type of company may sponsor E-2 visa employees.

Eligibility Requirements for E-2 Employees:

There are three categories of people who may enter on the E-2 visa.

An E-2 applicant must fall into one of the following categories:

• Will serve as executive or manager
• Has essential skills or specialized knowledge of the product or service offered
• Is the principal investor and will be responsible for the direction and development of the investment

Procedures to Obtain E-2 Status and an E-2 Visa:

There is a one step process for applicants who are outside the United States. Unlike other visa categories, the E-2 application is filed directly with the U.S. consulate in the person’s home country. As the Consulate evaluates the merits of the underlying petition, it is critical that the company and investment are thoroughly and clearly documented. Once the underlying business is determined to merit the E classification, the applicant is issued an E-2 visa.

The U.S. Consulate may issue a multiple entry H-1B visa that is good for one to five years or may issue a one time entry visa which expires after 30 days. This visa means the recipient may apply for entry to the United States within the time periods listed on the H-1B visa. This visa does not guarantee entry to the United States. This visa does not determine the length of time a person may remain in the United States. All this visa does is allow the recipient to ask for entry to the United States at the port of entry (airport, seaport, land entry). At the port of entry, a DHS officer will then determine if the applicant is allowed to enter the U.S. and for how long. The officer will note the visa category and the final day of authorized stay on an I-94 card and then staple this card into the applicant’s passport. The E-2 visitor must leave the U.S. by the date listed on the I-94 card unless having applied for an extension or change of status to a new non-immigrant visa category.

For those applicants lawfully in the United States, the employer files an E-2 petition with DHS indicating a request to change the applicant’s status. The applicant does not need to depart the U.S., instead automatically switches to H-1B status on the start date indicated on the DHS approval notice.

An E-2 applicant is generally given two years of authorized stay. The E-2 visa can then be renewed indefinitely in two-year increments, with some exceptions for employees of start-up companies.

Green Card Procedures for E-2 Visa Holders:

It can be very difficult for E-2 visa holders to obtain a green card in this category. However there are exceptions to this rule.  For example, if the US company is linked to a foreign company and the applicant worked for at least one year at the foreign company prior to entry in the US, that applicants may be eligible for a green card much more quickly than others applying for a green card via employment. Generally there are three steps to obtaining a green card via employment. Certain E-2 Executives and managers do not need to file the time consuming first step (labor certification application). Instead, the applicant moves on to step two (the I-140 immigrant petition) and step three (the green card application).

Family Members:

Spouses and children under 21 are also eligible for the E-2 visa category. Additionally, spouses are allowed to apply for work authorization.

Other Business Visas Which Might Apply:

In addition to E-2 visas, DHS also grants business immigration visas to investors, intra-company transfer employees and applicants seeking on-the-job training. Some categories require a bachelor’s degree, but several work visas exist for those lacking a four year college level degree. For more information about these business immigration visas, please read these articles:

• B-1 and B-2 VISAS: Business and Pleasure
• F-1 VISA: Employment Options for Students
• H-1B VISA: Professional Workers
• H-3 Visa: Training Visa
• J-1 VISA: Trainee and Intern Exchange Visitors
• L-1 A and L-1B VISA: Managers, Executives and Specialized Knowledge Employees
• O VISA: Persons of Extraordinary Ability
• P Visa: Internationally Recognized Athletes, Artists, Entertainers and Culturally Unique Entertainers
• TN VISA: Canadian and Mexican Workers

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.