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E-2 Visa Information & Application Process

Visas are mere entry documents and are usually issued for various categories. Basically without migrating to the US, it is buying an entry to the US. E2 visa is an Investor visa and is considered as a non immigrant visa which allows one to live and work in the US based on the investment. This in turn will help one to contribute to the economy of the US.

Qualifications for an E2 visa:

Each visa category requires certain qualifications to be met. The qualifications required for E2 visa are as follows:

  • You have to be a national of a treaty country which means the country maintains the commerce and navigation with the United States for the E2 visa purposes.
  • Your investment must be sufficient enough to operate the enterprise though it is on the higher side or low side
  • Your investment should be a true operating enterprise rather than passive investment which does not qualify.
  • Your investment should have the capacity to generate more income and have a substantial impact in the US
  • You should have a control of funds and should bear the risk of investment

The E 2 treaty visas generally allow bilateral agreement with the foreign nationals and the US with a substantial amount invested by the foreign nationals which will help in the development of the enterprise. The E2 visa is beneficial in many ways like:

  • You can work in the US legally.
  • With a valid E2 Visa you can travel freely in and out of the US.
  • By maintaining a valid E2 visa you can stay for a long time with unlimited two year extensions.
  • You can bring your spouse and children who are your dependents to stay with you in the US.
  • Your spouse can apply for work by filing for an Employment Authorization Document.

The individuals having the E2 visas can also do the following:

  • Substantial investment on an already existing US enterprise.
  • Directing and developing the enterprise in which they have invested.
  • Direct and develop investments from the treaty country.

Regardless of the nationality, the spouse and the unmarried children who are below the age of 21, will receive derivative E2 visas to accompany the principal alien. The E2 visas are generally applied at the US Consulate or the Embassy having the jurisdiction over the place of the permanent residence. Generally an interview is conducted by the embassy as a part of the application process. Individuals who are less than 13 years of age and more than 80 years of age are not required to take the interview. The E 2 visa application process varies from place to place. Before submitting the application the requirements should be reviewed.

Generally the treaty visas are issued for four to five years. These visas can be extended for an unlimited number of times depending on the investments and will be reissued for an additional five years if required. The E2 visa treaty visa will not allow you to permanently stay in the US.

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US Visa Extensions

In the United States, many visas for visiting the country come with restricted time lines, and you must leave the country before it expires or face deportation. However, sometimes a person may decide to stay longer in the U.S. before returning to his or her home country. In order to do so, though, it is important to file a visa extension, or change of status, so that you are not forcibly removed and possibly barred from entering the United States in the future.

To be eligible for a visa extension (i.e. H1B Visa Extension, E3 Visa Extension, etc.), you must meet several different requirements. For you to be considered for an extension, you can only apply if:

  • You entered the U.S. lawfully with a nonimmigrant visa
  • Your visa is still valid
  • Your passport is still valid and will remain so even during your extended stay
  • You have not committed any crimes that invalidate your visa
  • You have not violated conditions of your admission to the U.S.

If you meet these restrictions, you can file to extend your stay. Interestingly, you do not actually file for an extension. Rather, you can file to change your status with the U.S. Citizenship and Immigration Services, or USCIS. You use the Form I-539, Application to Extend/Change Nonimmigrant Status.

Some types of visas are not eligible for an extension. You may not file to lengthen your stay if you were admitted to the U.S. as one of the following:

  • A fiance or child of a person affianced to a U.S. citizen (K nonimmigrant visa)
  • Part of the Visa Waiver Program
  • Crew member (D nonimmigrant visa)
  • A traveler through the U.S. (C nonimmigrant visa)
  • A traveler through the U.S. without a visa
  • An informant of organized crime or terrorism (S nonimmigrant visa)

Guest Post Author

Garg & Associates
Orange County immigration