The E2 Treaty Investor Visa is a non-immigrant visa which is often mistaken to be only for investors but can be very beneficial to employees as well. Employees having the same nationality of the visa country can also qualify for the E2 visa which allows investors and workers to live and work in the United States (US) in order to direct and develop their businesses. It is a visa based on bilateral treaties meaning that the opportunity being provided to citizens of countries having a treaty of commerce and navigation should be reciprocal so that Americans have the chance of investing in these countries as well. The main benefits of E2 visa are that it can be extended or renewed as required and there is no visa quota. Additionally, a spouse of an E2 visa holder does not need to be of the same nationality to apply for the visa but unfortunately an E2 visa does not facilitate the task of obtaining a green card.
Rate of Approval
There has been a significant growth in E2 visa application and the approval rate is approximately 80% for the past 5 years. The country with the highest approval rate is Japan, followed by Germany, France, Canada and Great Britain. To avoid rejection, the first step is to hire legal counselling to identify how strong your case is. Since approval rate is very high, many applicants tend to deny counselling and thus lacking in building a strong application which include the right documents about the applicant, business and investments. Although denial is specific to each case, precautions must be taken to avoid common mistakes such as not providing enough proof of flow of investments. Therefore, with the help of a legal adviser, the chance of approval can be much higher.
Denials involving the applicant
Since the investor must direct and develop the business, the applicant’s academic and professional background is often examined by officers to determine whether the required experience and skills to successfully run the firm are met. Proof of competency in the invested industry should be shown such as professional degrees. Previous employment certificates are very helpful as well to show experience acquired in the field. For instance, an officer will most likely favour an applicant having the experience of managing a large company than an applicant with very little experience in the required sector.
Denials involving business and investment
There are no restrictions on the type of business that qualifies for an E2 visa. The requirements are mostly applicable on the benefits that the firm will provide to the US, including revenue, economic growth and an increase in job opportunities to citizens of the US. Investments can be an issue if the amount is too low to generate profit for the country thereby being a marginal enterprise. The latter is a firm which provides profit only to the investor and his family and not the general public. Furthermore, lack of trail of funds is also a common factor for visa denial as many applicants do not provide proof of how the money was obtained and whether it was acquired from a legitimate source.
The requirements to qualify for an E2 visa are as follows:
- Applicant should be citizen of a country with which the US has a treaty of commerce and navigation. A list of these countries is found at the bottom of this article.
- The applicant should be able to prove that they have or is in the process of investing a substantial amount in an existing US business or a start-up.
- It must be shown that the business is or will promote the economic growth of US.
- The applicant should have all necessary documents for an E2 application.
Documents required for application:
- DS-160 form should be submitted.
- A five-year business plan to show the rate of prosperity.
- A curriculum vitae or resume of the applicant.
- A valid passport with a minimum of six months before expiry date.
- Proof of intent to return to original country.
- Proof of source of income and funds being invested.
Additional documents such as driver’s license, bank statements, cash flows, certificates, and operating agreements etc. will be required according to each specific applicant case.
In case a franchise is being purchased, the following should be provided:
- A signed and dated franchise agreement.
- Evidence of payment of the franchise fee.
- Evidence of investment, money trail and bank account invoices.
If a start-up is being established, the following documents are required:
- Signed, dated, valid lease for business premises.
- Evidence of payment.
- Any other investment purchases evidence such as equipment.
Why choose us?
The Shah Peerally Law Group offers dedication and compassion along with reasonable fees. With 15 years of experience, the company favours quality over quantity assuring that all your documents that need to be submitted are reviewed and appropriate for the E2 visa. The procedures of this visa are quite lengthy, so be sure to schedule a consultation now to minimize waiting time. You can contact us on our website itself or social media such as Facebook and Twitter.
|List of countries within the treaty of Trade and Commerce|
|Cameroon||Iran||New Zealand||Trinidad and Tobago|