The E-2 Nonimmigrant Visa allows nationals of a treaty country to travel to the United States and be admitted when investing a substantial amount of capital in a U.S. business.

Dependents such as spouses and children under 21 years old can also receive an E-2 visa based on the principal applicant’s E-2 Treaty Investor visa. Spouses of E-2 visa holders are allowed to work without having to obtain a work permit during the visa validity and both spouses and children can attend school and live in the United States during the validity of the visa.

In this article, I will discuss the most frequently asked questions regarding E-2 visas.

Who is eligible for an E-2 visa?

To be eligible for an E-2 visa, you must be a citizen of a country that has a treaty of commerce and navigation with the United States, have invested or be actively in the process of investing a substantial amount of capital in a U.S. business, and be coming to the United States to develop and direct the operations of the business.

How much investment is required for an E-2 visa?

An E-2 visa does not have a set minimum investment amount. The investment must be substantial and sufficient to ensure the business’s success. The amount of capital required will be determined by the nature and scope of the business.

Can I work for someone else on an E-2 visa?

No, an E-2 visa is only available to individuals coming to the United States to develop and direct their own business operations. On an E-2 visa, you cannot work for someone else.

How long can I stay in the United States on an E-2 visa?

An E-2 visa can be issued for up to five years. It can then be extended indefinitely as long as the company keeps up with the requirements for the visa.

Can my family members come with me on an E-2 visa?

Yes, your spouse and unmarried children under the age of 21 can accompany you on an E-2 visa. Your spouse will also be permitted to work in the United States.

Can my spouse work for another company?

Yes, your spouse is allowed to work for any company in the United States, your spouse is not required to work for your company, nor required to invest in a business.

Can I change my status to an E-2 visa while I am in the United States?

Yes, you can change your status to an E-2 status while you are in the United States, but you must fulfill all of the criteria for the visa and submit the required paperwork to U.S. Citizenship and Immigration Services (USCIS).

How long does it take to get an E-2 visa?

Depending on the U.S. embassy or consulate where the application is being processed, the processing period for an E-2 visa varies. Usually, it can take from a few weeks to a few months. However, when applying from within the United States as a change of status, the applicant can file the application under premium processing and get adjudication within 15 business days.

Can I bring employees with me on an E-2 visa?

Yes, you are permitted to bring staff members into the country on an E-2 visa, but they must be nationals of the same country as you and must be traveling to the country to work for the company in which you are investing. They must meet the requirements of an executive, management or an essential skills employee.

What happens if my business fails while I am on an E-2 visa?

If your company collapses while you are in the United States on an E-2 visa, you might lose your eligibility for the visa and be forced to depart the country. However, if you can show that you are making efforts to invest in and create a new company, you might be able to switch your status to another visa category or file for an extension of your E-2 visa.

Can I apply for an E-2 visa if I am already in the United States on a different visa?

Yes, if you are already in the country on another non-immigrant visa, you may file for a change of status to an E-2 visa. You must, however, fulfill all requirements for the E-2 visa and submit the required documentation to USCIS.

Can I apply for an E-2 visa if I am already in the United States on the Visa Waiver Program?

No, you are ineligible to change your status to an E-2 visa if you entered the country through the Visa Waiver Program. You must depart the United States in order to submit an application for an E-2 visa at a U.S. embassy or consulate in your home country.

 Can I apply for permanent residency (a green card) while on an E-2 visa?

While the E-2 visa is a non-immigrant visa, you can file for a green card through other channels, such as employment-based sponsorships. But you cannot use the E-2 visa to immediately apply for permanent residence.

Can I travel in and out of the United States on an E-2 visa?

Yes, as long as you have a valid visa, you are permitted to enter and depart the country on an E-2 visa. You must still have a current passport and a valid E-2 visa, though.

Can I extend my E-2 visa if I am unable to leave the United States due to unforeseen circumstances?

If you are unable to leave the country due to unforeseeable events like a medical emergency or natural calamity, you may be able to apply for an extension of your E-2 visa. You must, however, offer proof to back up your desire for an extension.

Can I apply for an E-2 visa if my country does not have a treaty of commerce and navigation with the United States?

No, you cannot apply for an E-2 visa if your country does not have a treaty of commerce and navigation with the United States. However, you may be eligible for other types of visas.

Can I apply for an E-2 visa if I do not have a business plan?

While a business plan is not required for an E-2 visa, it can be helpful in demonstrating that you have a plan for investing in and developing the business. You will need to provide documentation and evidence to support your application.

Can I apply for an E-2 visa if I am a dual citizen of a treaty country and a non-treaty country?

If you are a dual citizen of a treaty country and a non-treaty country, you may still be eligible for an E-2 visa as long as you use your treaty country passport to apply for the visa and meet all the other requirements of the visa.

Can I apply for an E-2 visa if I have a criminal record?

It depends on the type and seriousness of your crime history. If you can show that you’ve recovered and don’t represent a threat to the United States, you might still be eligible for an E-2 visa. You might not be eligible for the visa, though, if you have committed certain serious crimes.

By: Felipe Jimenez

Felipe Jimenez is an Associate Attorney at Reddy Neumann Brown PC He works in the H-1B Department where he assists clients through all phases of the non-immigrant visa process.

Reddy Neumann Brown PC has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.