Nearly 54,000 entrepreneurs entered the United States on an E-2 Investor visa in 2023, using this route to establish a business in the country. Thousands of these individuals were likely from the UK, seeking to capitalize on the United States’ investor-friendly landscape. In this article, discover what the E2 visa is, its requirements, how to apply, and how you can bring your workers along with you.
Defining the E2 Visa
This visa is a non-immigrant classification that allows British and other foreign investors to start or invest in a U.S. enterprise and move to the country. You may then work for or run the enterprise. The E2 visa also allows you to bring your workers into the U.S. if you need them to conduct essential business operations. Employees joining you must also be British, engage in an executive or supervisory role, and meet the U.S. definition of an employee. Another reason this visa is ideal for many British entrepreneurs is that it allows you to bring your dependent family members. Once you have the visa, you may remain in the U.S. for two years. You can extend the visa as many times as you like, with each extension lasting up to two years. However, as the E2 visa is a non-immigrant classification, there is an automatic assumption that you will leave the U.S. once your enterprise shuts down.
Requirements of the E2 Visa
Becoming an E2 Treaty Investor requires you to have invested in or be in the process of investing in a proper enterprise in the U.S. You must own at least 50% of the enterprise or have operational control through a managerial position. The applicant must also be a national of a country that shares a treaty of commerce with the USA.
The critical requirement is that you have invested a substantial amount of funds into a profit-making enterprise and run a genuine risk of having losses should the investment fail. Substantial is defined by one of the following parameters:
- It is equivalent to the cost of purchasing an enterprise or starting a new one.
- It demonstrates a financial commitment to the enterprise’s successful operation.
- Its size indicates that the investor will likely develop and direct the enterprise.
The money invested must also not come from a criminal activity.
Despite these restrictions, the E2 visa offers the holder considerable flexibility in the enterprise they operate. Unlike the EB5 visa, which requires the holder to create at least ten full-time jobs for U.S. workers, the E2 visa has no job creation requirements.
Application Process for an E2 Visa
Begin the application process by applying for company registration as an E2 treaty investor business. You can file the petition at a U.S. consular post in the UK. Processing times and requirements vary depending on the post.
Once the company you invest in has been registered, you can begin the E2 visa application process. Complete the DS-160 form online and submit your supporting documents. Commonly required documents include the following:
- A cover letter explaining how you fit the requirements.
- A passport-style photograph.
- Proof of your relationship with dependent family members.
- Receipt for payment of the application fee.
- Evidence of the company’s ownership structure, showing you own at least 50%.
- Proof that you have invested, such as through escrow documents or receipt of wire transfer.
- Evidence that the business operates, such as business licenses and utility bills.
- A business plan for the next five years, showing that profit can be realized within this time.
- Your qualifications to run the business are demonstrated through a resume and the business’s organizational chart.
With this critical documentation and the application form sent for processing, you will be invited for an interview at the consular post where you filed the petition. The invitation will be sent 4-6 weeks after you submit your application. At the interview, an adjudicator will question you on all aspects of your application. It is essential that you properly familiarise yourself with the business plan.
What Types of Employees Can Join E2 Visa Holders?
Only those in managerial or supervisory roles from the UK can join British E2 visa holders. These roles must imply that the employee has ultimate responsibility over the entire enterprise or a substantial portion of it. This is often the case if the E2 visa holder is not planning to spend most of their time in the USA.
Proving that the worker has this level of responsibility requires you to submit various documents, including:
- Their resume
- Job description
- Supporting letter
In some instances, those in non-managerial positions can join an E2 visa holder, but they will have to hold special qualifications that make their work essential to your business. U.S. authorities will assess whether the worker qualifies based on:
- The degree of their proven expertise
- The salary and benefits they earn
- The prevalence of their specific skills in the USA
Why is the E1 Visa Different?
The E2 visa is occasionally confused with the E1 Treaty Trader visa. However, these are different documents that do not share definitions or requirements.
The E1 visa is available to individuals from the UK and other nations that have a trade treaty with the U.S. It allows them to engage in substantial trade between the U.S. and a treaty country. Therefore, E1 visa holders can come to the USA to facilitate the flow of a sizable amount of international trade items, which often require multiple transactions over an extended period.
How Can IAS Help?
If you need help with your E2 visa application, contact Immigration Advice Service. Our expert team of U.S. immigration lawyers has a proven track record of helping clients visit and immigrate to the U.S. We can also help your business achieve its goals, ensuring that your team members have all the necessary documentation to relocate.
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