E2 Visa for Treaty Investors

Chicago E2 Visa Lawyers

With an E2 visa, investors and their employers can enter the U.S. to attend to commercial investments. Obtaining one requires that you make a substantial investment and be a citizen of a country with a treaty of commerce with the United States.

At SimVisa, you'll find a team of immigration lawyers ready to provide you with the visa and immigration services you need to achieve your investment goals and protect your business operations.

If you're seeking to obtain an E2 visa for yourself or another foreign national, you can rely on us to ensure that your application is completed as it should be.

E-2 Visa Support for Clients Across the U.S.

SimVisa is a Chicago-based law firm that provides top-quality E2 visa support to clients operating throughout the entire United States.

What Is an E-2 Treaty Investor Visa?

There are three types of E2 treaty investor visas:

1. E-2 Investor Visa

An E-2 investor visa allows foreign nationals of treaty countries to direct and control an operating commercial enterprise from within the United States.

2. E2 Specialized Worker Visa

With an E2 specialized worker visa, a person who shares nationalities with the owner of an E2 company can work within the U.S. for that company.

3. Derivative E-2 Visa

A derivative E2 visa allows individuals with E2 visas to invite certain family members to reside with them in the U.S. while working under their E2 visa.

Benefits of E2 Visa

There are many benefits to having an E2 visa, including:

• No minimum amount exists for the required capital investment, although many recommend an investment of at least $100,000
• The ability to enter and exit the United States at will and without penalty
• No limitations on how many times you may renew the E2 visa; it can potentially be valid for an individual's lifetime
• Spousal work privileges for spouses of E2 visa holders; spouses generally aren't limited to certain types of work
• The choice of choosing between cash or non-cash investments to acquire eligibility for the E2 visa
• Quick processing times for E2 visas
• The option to enter into a purchase agreement for a business or business franchise
• The avoidance of a denial; E2 visas aren't denied but refused
• No minimum regarding the number of jobs that must be created
• Potential to obtain a green card down the line
• The possibility of significant tax breaks and benefits over those who are permanent residents

E2 Visa Requirements

There are specific eligibility requirements for an E2 visa:

— You Must “Direct and Control” the Business

You can demonstrate that you direct and control the business by providing proof of 50% ownership of the E2 business. However, in some cases, you can own less than 50% if the other owner shares your E2-qualifying citizenship.

— National of an E2 Treaty Country

You must be a foreign national of an E2 visa treaty country to be eligible for an E2 visa, and, generally, you must have lived in that country for three years prior to receiving an E2 visa.

— Invested or in the Process of Investing a Substantial Amount of Capital in a Qualifying Business

You must make a substantial investment in a qualifying business. Whether an investment is substantial depends on the overall size of the business. The larger the business, the more you'll likely need to invest.

— Invest in an Irrevocably Committed Investment

The funds you invest must be irrevocably committed. In other words, they must not be used for anything but for your investment and may not be repurposed or withdrawn.

— No Marginal Investments

Marginal investments don't count toward your substantial investment. A marginal investment is an investment that only provides for minimal living expenses and doesn't have the capacity to make a significant economic contribution within five years.

— The E2 Business Must Be “For Profit”

Your investment must be in a for-profit business, not a non-profit venture.

— Lawful Source of Funds

Funds used to make your substantial investment must come from a lawful source. Applicants must demonstrate their source.

— Intention to Depart

Because the E2 visa is a non-immigrant visa, you must demonstrate an intention to depart once your E2 visa status has expired. In many cases, a mere statement of an intention to depart is sufficient.

The E2 Visa Treaty Countries

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If you do not see your country of citizenship here, there still can be chances to apply. Our team of seasoned E2 visa lawyers is ready to assist you in finding alternative solutions. Reach out to our immigration lawyers today to explore the possibilities available to you.

E-2 Visa Application Process

The E2 visa application process differs from the processes involving other types of visas, principally because the E2 is a nonimmigrant visa.

Step 1: Consular Processing or COS

The first decision to be made is whether the applicant will be filing for a change of status (COS) from within the U.S. or for an E2 visa from a consular office outside the country:

• Changing to an E2 status differs from getting an E2 visa, which must occur outside the U.S.
• E visas are unique because applicants aren't required to apply to the Department of Homeland Security (DHS) or the U.S. Citizenship and Immigration Services (USCIS).
• DHS and USCIS get involved only during change-of-status cases and those involving the extension of E2 statuses filed within the U.S.
• Because DHS and USCIS aren't involved in the initial application for an E2 visa, applicants enjoy significant benefits regarding processing times.

Step 2: Choosing a Consulate

Consular procedures sometimes vary from office to office, as can their respective processing times. As such, choosing the right consulate is a plus for your case. Generally speaking, you can choose a consulate that's either:

• In your home country,
• Where you lawfully reside (if outside your home country), or
• At a consulate in an area you're visiting

In every case, having seasoned professionals like the attorneys at SimVisa on your side will help you immensely and will typically raise your chances of approval.

How Can SimVisa Help with an E-2 Visa?

SimVisa deals exclusively with immigration and visa matters, and every attorney at SimVisa has successfully helped numerous clients obtain E2 and other types of visas. When you choose SimVisa, you never have to worry about getting it right the first time. We'll make sure you do.

Here are some more specific ways we can help:

• Evaluating potential businesses for E2 visa investments
• Advising clients on the specifics of how to make investments for E2 visa purposes
• Preparing and filing all visa-related paperwork
• Providing clients with specific, tailored guidance during the application process
• Keeping track of the progress of each case and keeping clients informed
• Communicating with the appropriate government agencies to avoid or deal with problems and delays

From the moment you contact our office until you receive your E2 visa, we'll work meticulously to ensure that you and your investment enterprise are in compliance with all controlling legal requirements under immigration law.