You wish to develop and direct operations of an enterprise in the United States in which you have invested or are actively investing substantial funds.
Does the Foreign Investor Qualify for an E-2?
In order to qualify for an E-2 visa the foreign investor must have invested or is actively investing substantial funds that are at risk in a bona fide enterprise in the United States and is coming to the United States to develop and direct operations of that enterprise.
How Does the Foreign Investor Acquire an E-2 Visa?
If the foreign investor is already in the United States in valid nonimmigrant status (that allows for a change of status), the U.S. enterprise (in which the foreign investor has invested) files an E-2 petition and a letter in support along with required documentation with the USCIS Service Center. The foreign investor may begin employment upon issuance of the USCIS approval.
If the foreign investor is outside the United States, s/he files an E-2 application and a letter in support along with required documentation directly with the United States consulate. The foreign investor must also complete form DS-160 online. The United States consulate conducts an interview and issues the foreign investor an E-2 visa valid for 5 years. The United States consulate also issues an E-2 visa to any spouse and minor (under 21 and unmarried) child(ren) of the foreign investor. Upon issuance of the E-2 visas, the foreign investor, spouse and any child(ren) may enter the United States.
The E-2 visa process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining the E-2 visa as quickly as possible.