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E-2 Treaty Investor Visa
E-2 Treaty Investors
A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital, may qualify for the E-2 nonimmigrant Treaty Investor visa.
Eligibility Requirements
- The investor, either a real or corporate person, must be a national of a treaty country;
- The investor must have already invested or be in the process of investing in a U.S. for-profit business;
- The investor must have control over the investment funds, and the investment must be at risk in the commercial sense -- loans secured with assets of the investment enterprise are not allowed;
- The investment must be a real operating enterprise -- speculative or idle investments, or uncommitted funds in a bank account or similar security are not considered an investment;
- The investment must be substantial -- it must be sufficient to ensure the successful operation of the enterprise (the percentage of required investment for a low-cost business enterprise will be higher than that of a high-cost enterprise;
- The investment may not be marginal -- it must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
- The investor must be in a position to "develop and direct" the enterprise;
- If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity -- ordinary skilled and unskilled workers do not qualify; and
- The applicant must intend to depart the United States when the E-2 status terminates.
Applying for an E2 Visa
Applicants for Treaty Investor (E-2) status must first seek registration of the enterprise. To register an enterprise, the applicant must establish that the enterprise meets requirement of the law.
Once the enterprise is successfully registered, E visa applicants will be required to appear in person before a consular officer for a personal interview. The applicant has the burden of demonstrating eligibility for E Visa classification as an investor or employee.
E Visa Waiting Times
Visa processing times vary by the Consulate and Embassy, however average wait times are approximately 4-12 weeks.
Admission to the U.S.
Applicants should be aware that a visa does not guarantee entry into the United States. The immigration officials at the port of entry have the authority to deny admission.
Derivative Family Members
Spouses and unmarried children under 21 years of age, regardless of nationality, who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative E visas. If applying separately from the principal, a copy of the marriage certificate and/or birth certificate(s) for the child(ren) will be required. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program (VWP).
Derivative Family Members May Study on an E Visa
There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the U.S.
Derivative Spouses May Work on an E visa
As a result of a recent change in the law, spouses of E visa holders may seek employment authorization on derivative E visas. For further information, please contact the USCIS on your arrival in the United States.
E Visa Duration of Stay
Holders of E visas may reside in the United States until their visas expire and provided that they work for the same employer.5 business days$131 visa application fee3-12 weeksAccurate and Persuasive Case Preparation
Submitting an immigration case is not simply a matter of filling out the correct government forms. At PowerVisa we don't simply prepare and file forms, we prepare and file your individual and unique case. Your case is unique and deserves to be presented to the government with all its strengths, not just as another set of forms. We prepare and file each client's case with the personal attention it deserves. We think outside the box and prepare each client's case as a comprehensive filing package, highlighting the unique strengths of each case. We guarantee the accuracy of our filings and guarantee that your case will never be rejected for improper or incomplete filing.
Making Your Case - Supporting Document Guidance
The strength of your case not only requires persuasive and accurate forms,it also requires presenting your supporting documents in the strongest light. We provide all PowerVisa Clients with a comprehensive Supporting Document Checklist, listing all required and supporting documents needed for filing your case. We provide individual guidance on how to identify and locate hard-to-find persuasive documents, and suggestions on selecting the strongest documents as evidence. We also provide clients with a secure online account for uploading and submitting required documents in digital format.
Department of State Forms Preparation
For our consular processing clients, we prepare and submit up-to-date versions of all required Department of State forms, in accordance with State-prescribed format and the highest professional standards.
Communications with the USCIS
As your attorney of record, we conduct all necessary phone, email and fax communications with the USCIS on your behalf.
Communications with State Department
For our consular processing clients, we conduct all necessary phone, email and fax communications with the National Visa Center, and the U.S. Consulate and Embassy abroad.
Visa Interview Guidance
For our consular processing clients, we provide detailed guidance on how to properly prepare for and conduct the visa interview at the U.S. Consulate abroad, including guidance on what to say, and what not to say, where to go, when to appear, etc. We also provide a list of sample interview questions that the examining consular officer is likely to ask during the visa interview.
Client Updates
We keep clients informed of their case status at all times. We promptly provide clients with courier service tracking numbers and USCIS receipt numbers, including links for monitoring delivery status and case progress online.
Attorney Communications
Our clients enjoy direct email and telephone access to their attorney, during regular office hours, throughout the duration of their case. Clients can expect all emails and phone calls to be returned promptly.
Expediting Your Case
We prepare and submit your case within a maximum of five business days from receiving all requested information and documentation from you. Once submitted, we make all reasonable efforts to see that your case is processed within the shortest time frame possible. If there is a way to speed the process up for you, we will get it done.
Approvability and Risk Assessment
We thoroughly review and evaluate the merits of each case to determine the client’s preliminary eligibility for the benefits sought. If we determine that a client’s case may have trouble being approved, we work with the client to determine an appropriate strategy for overcoming any red flags or issues of approvability prior to filing. If there is a high risk of denial, we will let the client know and proceed with filing only after informed consent.
CLIENT TESTIMONIALS
(published with permission)
“I was at first hesitant about securing legal assistance via the internet, especially in regards to such a personal and important issue. I was quickly set at ease by the professionalism, genuine concern, accessibility, knowledge and overall productivity/performance of our PowerVisa attorney. I will continue to recommend PowerVisa to anyone and everyone I encounter with similar issues. Thanks!”
- Trenton Franklin, San Antonio, Texas
“Excellent! Our attorney was Theodore. He guided us through all the steps. He gave us advice and was always there for us. He exceeded our expectations, going above and beyond what was required.”
- Heidi & Charmain Lisenbee, Miami, Florida
“My PowerVisa attorney was very well prepared when helping me through my process. He was a very smart attentive lawyer.”
- Carlos Alvarado, Longmont, Colorado
“Our attorney was very professional, courteous and detail-oriented through the whole process. All of my queries were answered in a timely fashion and I was always made aware of any trap doors far in advance, which led to a successful conclusion of my visa request. I would highly recommend this service for anyone seeking immigration help.”
- Anonymous Client, U.S.A.
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