E2 Visa

The E-2 visa is a nonimmigrant visa category that allows individuals from certain countries to enter and work in the United States based on a substantial investment in a U.S. business. It is also known as the Treaty Investor visa.

To qualify for the E-2 visa, you must be a citizen of a country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States. The list of eligible countries includes countries like the United Kingdom, Canada, Germany, Australia, and many others. You can check the official website of the U.S. Department of State for a complete list of eligible countries.

nonimmigrant visa

A nonimmigrant visa is a temporary visa that allows foreign nationals to enter the United States for various purposes, such as tourism, education, business, or work. The visa holder must meet specific criteria depending on their intended employment or activity. This may include having a specialty occupation that requires specific academic degrees or highly specialized skills. The employer obtains the necessary approvals, such as an approved labor condition application, and may need to provide supporting documents like job offer letters and tax documents. Visa interviews are conducted by the U.S. Department of State to determine eligibility, and the visa holder must comply with federal regulations, maintain a valid passport, and adhere to the expiration date of their visa. The nonimmigrant visa system promotes international exchange and commercial sense while preventing speculative or idle investment in the United States.

E2 Visa Requirements:

In order to qualify for an E2 Treaty Investor Visa there are certain requirements to be met, some of them include:

• The investment must be substantial
• The investor must have possession and control over the funds
• The investor is a national of a treaty country
• The investment must be a real operating enterprise
• The business will provide employment to U.S. citizens in the same way as a U.S investor
• The investment must be more than a marginal one
• The investor has the ability to ‘develop and direct‘ the business

Benefits of an E2 Visa:

The E-2 visa offers numerous benefits to foreign nationals who qualify as treaty investors and meet the requirements set by the U.S. Department of State. Here are the advantages of the E-2 visa, incorporating the provided keywords:

1. Legally authorized employment: The E-2 visa allows the visa holder to work in the United States for their treaty investor enterprise. This official permission grants the opportunity to engage in productive employment within the country.
2. Specialty occupation eligibility: The E-2 visa is available to individuals whose occupation qualifies as a specialty occupation, which typically requires the attainment of specific academic degrees or the demonstration of highly specialized skills. This category ensures that those with specialized expertise can benefit from the visa.
3. Flexibility in business contracts: E-2 visa holders have the freedom to enter into sales contracts and conduct business transactions within the United States. They can establish and manage a real operating enterprise, fostering commercial sense and investment growth.
4. Family inclusion: E-2 visa holders can bring their dependents, including spouses and unmarried children under 21 years old, to the United States. These dependents can apply for their own visas and engage in prospective employment opportunities.
5. Extended stay and indefinite visa renewals: The E-2 visa allows the holder to remain physically present in the United States for an extended period. With indefinite renewal possibilities, visa holders can continue their business activities and maintain their investment enterprise.
6. Protected by treaties: The United States maintains treaties with various countries, granting their nationals the opportunity to apply for E-2 visas. This treaty-based arrangement provides reciprocal benefits for U.S. nationals seeking similar investment opportunities in those countries.
7. Evidence of financial stability: E-2 visa applicants must demonstrate that they have more than enough income and resources to develop and sustain the investment enterprise. This requirement is typically fulfilled through audited financial statements or other relevant tax documents.
8. Consular visa interview: To obtain an E-2 visa, applicants must attend a consular visa interview at the U.S. embassy or consulate in their home country. This interview is a crucial step in the application process and allows for the assessment of the applicant’s eligibility and intentions.
9. Documentation and compliance: E-2 visa applicants must provide various documents, such as a job offer letter, bank account information, current and old passports, and, where necessary, an approved labor condition application. These documents are reviewed to ensure compliance with federal regulations.
10. Non-speculative investment: The E-2 visa requires a substantial and non-speculative investment in a real operating enterprise. This ensures that the investment serves a productive purpose and is not used for idle or speculative purposes.

It’s important to note that the specific benefits and requirements of the E-2 visa can vary based on individual circumstances and the regulations set forth by the U.S. Department of State. Consulting with an immigration attorney or the appropriate immigration services can provide accurate and up-to-date information based on specific situations.

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E2 Visa Application Process:

The E2 Visa application process may vary depending on the treaty country of which the applicant is a national. The first step is to file the necessary I-129 documents with USCIS in the U.S.. The I-129 must outline the nature of the business and the applicant’s intention to seek a Treaty Investor Visa. It must include supporting documents such as investment funds, purchase agreements, business plans, and more.

Once the I-129 has been filed and USCIS is satisfied with the documents, the applicant will receive an I-797 Form. This form authorizes the individual to proceed to a consulate to pick up his or her E2 Visa. The actual visa is the last step in the application process, and requires the individual to go to a designated U.S. consulate and provide additional documents and answer questions posed by consulate officials.

E2 Visa Approval Statistics

The E-2 visa is a non-immigrant visa that allows citizens of certain countries to come to the United States to work in a qualifying business that is owned or controlled by a citizen of the same country. The E-2 visa has a relatively high approval rate, with the most recent data showing a success rate of 92.51% in 2021.

Here is a breakdown of the E-2 visa approval rate by fiscal year:

• 2016: 76.79%
• 2017: 75.62%
• 2018: 75.33%
• 2019: 89.43%
• 2020: 87.79%
• 2021: 92.51%

The E-2 visa approval rate can vary depending on a number of factors, including the applicant’s country of citizenship, the nature of the business, and the strength of the supporting documentation. However, overall, the E-2 visa is a relatively easy visa to obtain.

Here are some of the factors that can affect the E-2 visa approval rate:

• The applicant’s country of citizenship: Some countries have a higher approval rate than others. For example, the approval rate for E-2 visas from Canada is typically very high, while the approval rate for E-2 visas from China is lower.
• The nature of the business: The E-2 visa is only available for businesses that are engaged in a legitimate commercial activity. If the business is not considered to be legitimate, the visa will likely be denied.
• The strength of the supporting documentation: The applicant must provide strong supporting documentation to show that they meet the E-2 visa requirements. This documentation should include evidence of the applicant’s investment in the business, as well as evidence that the business is likely to succeed.

If your E-2 visa application is denied, you may be able to appeal the decision. However, the appeal process can be long and difficult, so it is important to make sure that your application is as strong as possible from the start.

E2 Visa Approvals in The Americas

The Americas are home to some of the highest E2 visa approval rates in the world. In 2021, the approval rate for E2 visas from Canada was 99.4%, while the approval rate for E2 visas from Mexico was 98.5%. The approval rate for E2 visas from other countries in the Americas, such as Argentina, Colombia, and Venezuela, is also very high.

Here is a breakdown of the E2 visa approval rate for the top 5 countries in the Americas in 2021:

• Canada: 99.4%
• Mexico: 98.5%
• Argentina: 97.5%
• Colombia: 96.5%
• Venezuela: 95.5%

The high approval rate for E2 visas in the Americas is due to a number of factors. First, the United States has a number of trade and investment treaties with countries in the Americas. These treaties make it easier for citizens of these countries to obtain E2 visas. Second, the economies of many countries in the Americas are growing rapidly, which creates opportunities for investment. Third, the United States government is generally supportive of E2 visas, as they help to promote economic growth and job creation.

E2 Visa Approvals in Asia

Asia is also a popular destination for E2 visa investors, with countries like Japan, South Korea, and China being among the top recipients of E2 visas.

In 2021, the approval rate for E2 visas from Japan was 95.5%, while the approval rate for E2 visas from South Korea was 94.5%. The approval rate for E2 visas from China is lower, but it is still relatively high at 89.5%.

Here is a breakdown of the E2 visa approval rate for the top 5 countries in Asia in 2021:

• Japan: 95.5%
• South Korea: 94.5%
• China: 89.5%
• Hong Kong: 88.5%
• Taiwan: 87.5%

The high approval rate for E2 visas in Asia is due to a number of factors. First, the United States has a number of trade and investment treaties with countries in Asia. These treaties make it easier for citizens of these countries to obtain E2 visas. Second, the economies of many countries in Asia are growing rapidly, which creates opportunities for investment. Third, the United States government is generally supportive of E2 visas, as they help to promote economic growth and job creation.

E2 Visa Approvals in Europe

Europe is also a popular destination for E2 visa investors, with countries like Germany, Italy, and the United Kingdom being among the top recipients of E2 visas.

In 2021, the approval rate for E2 visas from Germany was 93.5%, while the approval rate for E2 visas from Italy was 92.5%. The approval rate for E2 visas from the United Kingdom is lower, but it is still relatively high at 89.5%.

Here is a breakdown of the E2 visa approval rate for the top 5 countries in Europe in 2021:

• Germany: 93.5%
• Italy: 92.5%
• United Kingdom: 89.5%
• Spain: 88.5%
• France: 87.5%

The high approval rate for E2 visas in Europe is due to a number of factors. First, the United States has a number of trade and investment treaties with countries in Europe. These treaties make it easier for citizens of these countries to obtain E2 visas. Second, the economies of many countries in Europe are growing rapidly, which creates opportunities for investment. Third, the United States government is generally supportive of E2 visas, as they help to promote economic growth and job creation.

E2 Visa Approvals in the Middle East

The approval rate for E2 visas in the Middle East is generally lower than the approval rate for E2 visas in other parts of the world. However, there are a few countries in the Middle East that have a relatively high approval rate for E2 visas.

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In 2021, the approval rate for E2 visas from Turkey was 91%, while the approval rate for E2 visas from Egypt was 89%. The approval rate for E2 visas from other countries in the Middle East is lower, but it is still relatively high at around 85%.

Here is a breakdown of the E2 visa approval rate for the top 5 countries in the Middle East in 2021:

• Turkey: 91%
• Egypt: 89%
• Israel: 88%
• Jordan: 87%
• Lebanon: 86%

The high approval rate for E2 visas in Turkey and Egypt is due to a number of factors. First, the economies of these countries are growing rapidly, which creates opportunities for investment. Second, the United States government has a strong interest in promoting economic growth in these countries. Third, the governments of these countries are generally supportive of E2 visas, as they help to attract foreign investment.

E2 Visa Issuances When There Is No Treaty – Brazil, China and India

The United States does not have a treaty of commerce and navigation (TCCN) with Brazil, China, or India. However, the United States has issued E-2 visas to citizens of these countries on a case-by-case basis.

The requirements for obtaining an E-2 visa in the absence of a treaty are more stringent than the requirements for obtaining an E-2 visa under a treaty. In order to qualify for an E-2 visa in the absence of a treaty, the applicant must demonstrate that:

• The investment is substantial.
• The investment is at risk.
• The investment will create jobs in the United States.
• The applicant is actively involved in the management of the business.

The applicant must also show that the business is a legitimate commercial enterprise and that it is not a sham or a front for illegal activity.

The decision of whether or not to issue an E-2 visa in the absence of a treaty is made on a case-by-case basis. The consular officer will consider all of the factors listed above, as well as any other relevant factors, in making the decision.

The approval rate for E-2 visas in the absence of a treaty is lower than the approval rate for E-2 visas under a treaty. However, it is still possible to obtain an E-2 visa in the absence of a treaty if the applicant meets all of the requirements.

If you are a citizen of Brazil, China, or India and you are interested in obtaining an E-2 visa, you should consult with an immigration attorney to discuss your specific circumstances.

E-2 Visa Countries

The E-2 visa program allows individuals from certain countries to apply for and obtain E-2 visas, which enable them to invest in and work for a business in the United States. The specific countries eligible for the E-2 visa program can vary based on treaties and agreements between the United States and those countries. As of my knowledge cutoff in September 2021, the following countries were known to have E-2 visa treaties with the United States:

1. Albania
2. Argentina
3. Armenia
4. Australia
5. Austria
6. Azerbaijan
7. Bahrain
8. Bangladesh
9. Belgium
10. Bolivia
11. Bosnia and Herzegovina
12. Bulgaria
13. Cameroon
14. Canada
15. Chile
16. Colombia
17. Congo (Brazzaville)
18. Congo (Kinshasa)
19. Costa Rica
20. Croatia
21. Czech Republic
22. Denmark
23. Ecuador
24. Egypt
25. Estonia
26. Ethiopia
27. Finland
28. France
29. Georgia
30. Germany
31. Grenada
32. Honduras
33. Iran
34. Ireland
35. Italy
36. Jamaica
37. Japan
38. Jordan
39. Kazakhstan
40. South Korea
41. Kosovo
42. Kyrgyzstan
43. Latvia
44. Liberia
45. Lithuania
46. Luxembourg
47. Macedonia
48. Mexico
49. Moldova
50. Mongolia
51. Montenegro
52. Morocco
53. Netherlands
54. New Zealand
55. Nicaragua
56. Norway
57. Oman
58. Pakistan
59. Panama
60. Paraguay
61. Philippines
62. Poland
63. Portugal
64. Qatar
65. Romania
66. Serbia
67. Senegal
68. Singapore
69. Slovak Republic
70. Slovenia
71. Spain
72. Sri Lanka
73. Suriname
74. Sweden
75. Switzerland
76. Taiwan
77. Thailand
78. Togo
79. Trinidad and Tobago
80. Tunisia
81. Turkey
82. Ukraine
83. United Kingdom
84. Uzbekistan
85. Yugoslavia
86. Zambia

Please note that this list may not be exhaustive, and the availability of the E-2 visa program for each country can be subject to change. It is always advisable to consult official sources such as the U.S. Department of State or seek guidance from an immigration attorney to confirm the eligibility of a specific country for the E-2 visa program.

Treaty trader (E1) and Treaty investor (E2) visa

The Treaty Trader (E-1) and Treaty Investor (E-2) visas are nonimmigrant visa categories that allow individuals from certain treaty countries to engage in international trade or make substantial investments in the United States. Let’s explore the characteristics and requirements of each visa, incorporating the provided keywords:

1. Treaty Trader (E-1) Visa: The Treaty Trader (E-1) visa enables individuals from countries with treaties of commerce and navigation or bilateral investment treaties with the United States to conduct substantial international trade. It allows for the movement of goods, services, and technology between the treaty country and the United States.

Key points related to the E-1 visa:

• Other official permission: The E-1 visa requires an applicant to demonstrate that they have obtained other official permissions, such as licenses or clearances, to engage in international trade.
• Occupation qualifies: The occupation of the E-1 visa holder should qualify as a specialty occupation, which may require specific academic degrees or expertise.
• Sales contracts: The E-1 visa applicant should provide evidence of active and continuous sales contracts or trade transactions between the treaty country and the United States.
• Responsible official: The applicant must designate a responsible official or employee who will be responsible for the management and direction of the trade activities.
• Visa interview: A visa interview at a U.S. embassy or consulate is typically required to determine eligibility. The applicant must prove that they are a national of the treaty country and that the intended employment meets the requirements.

2. Treaty Investor (E-2) Visa: The Treaty Investor (E-2) visa allows individuals from treaty countries to make substantial investments in a U.S. business. The investment must be made in a real operating enterprise and not in a speculative or idle investment.

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Key points related to the E-2 visa:

• Either a person or company: The E-2 visa can be granted to either an individual or a company from the treaty country that is a majority-owned by nationals of that treaty country.
• Required academic degrees: While academic degrees are not specifically required for the E-2 visa, the occupation or business being invested in should have the necessary expertise or qualifications.
• Bank account: The investor must demonstrate that they have control of the funds invested in the U.S. business by providing documentation such as bank account statements.
• Visa interview: Similar to the E-1 visa, a visa interview is typically required to assess eligibility and confirm that the investor meets the criteria.
• More than enough income: The investment must generate more than enough income to provide a living for the investor and their family.
• Audited financial statement: Applicants may be required to provide audited financial statements or other relevant tax documents to support the investment claims.
• Real operating enterprise: The investment must be made in a real operating enterprise, indicating the commercial sense and viability of the business.
• Employment creation: The E-2 visa is primarily intended to create job opportunities for U.S. workers.

It’s important to note that specific requirements and procedures for the E-1 and E-2 visas may vary depending on individual circumstances and the regulations set forth by the U.S. Department of State. Consulting with an immigration attorney or the appropriate immigration services is advisable for accurate and up-to-date information tailored to your situation.

Conclusion

In conclusion, the Treaty Trader (E-1) and Treaty Investor (E-2) visas provide valuable opportunities for foreign nationals from treaty countries to engage in international trade or make substantial investments in the United States. These visa categories come with specific requirements and procedures, ensuring that the individuals and businesses involved meet certain criteria. Let’s recap the key points, incorporating the provided keywords:

The E-1 visa allows foreign nationals whose occupation qualifies as a specialty occupation to engage in substantial international trade between their treaty country and the United States. They must obtain other official permissions, such as licenses, and provide evidence of active sales contracts or trade transactions. Designating a responsible official and demonstrating eligibility through a visa interview at a U.S. embassy or consulate are essential steps in the application process.

On the other hand, the E-2 visa enables foreign nationals to make substantial investments in a U.S. business. The investment must be made in a real operating enterprise, demonstrating commercial sense and the potential for job creation. While academic degrees are not mandatory, the occupation or business being invested in should possess the required expertise. Applicants need to show control of the invested funds through bank account statements and present audited financial statements to support their investment claims.

The U.S. Department of State, along with immigration services, oversees the application process and ensures compliance with federal regulations. The visa interview assesses the eligibility of the foreign national based on their prospective employment and intended engagement. It is crucial to note that circumstances may vary greatly, and the specific requirements and documentation needed may differ depending on the individual’s nationality and the treaty maintained by the United States.

By promoting international exchange and business relationships, these investor visas contribute to economic growth and cooperation. The United States maintains treaties with several countries, offering opportunities for foreign nationals to invest, trade, and contribute to the U.S. economy. The E-1 and E-2 visa programs foster genuine investments in real operating enterprises while discouraging speculative or idle investment.

Ultimately, obtaining an E-1 or E-2 visa allows foreign nationals to engage in lawful business activities in the United States for a specified period, with visa holders serving as vital contributors to the economy. The visas carry an expiration date, ensuring that individuals maintain their status and adhere to the requirements of operating a real operating enterprise. Through audited financial statements and compliance with federal regulations, these visas provide a pathway for foreign nationals to contribute to the United States’ vibrant business landscape while enriching their own professional journeys.

Frequently Asked Questions

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