E2 Visa

The E-2 visa is an extendable long-term work visa, generally issued to investors from countries that have signed a bilateral agreement with the USA. Its period of validity is normally determined by the terms of the treaty between the investor’s country of citizenship and the USA.

The investor should establish a company in the United States to act as their sponsor during the visa application process and to run the business the investor has acquired or founded. Both the US company and the investor (or employee) must satisfy specific requirements for the E-2 visa to be granted.

Druh víz	Cena
H-1B L1 E2	4.850 EUR
EB5	19.450 EUR
B1	600 EUR
Konzultácia	200 EUR

Basic conditions for the grant of an E-2 visa

Applicants who are nationals of a treaty country must own at least 50% of the shares in the US company. In addition, the applicant(s) must not hold permanent residence in the USA and may not stay there on any visa other than the E-2.

The investment must be “substantial” and derive from the investor’s personal funds (or from a loan secured on the investor’s own assets). Although no minimum amount is prescribed, the investment must be large enough to establish a profitable company with scope for further growth and development.

The company must make more than a marginal contribution to the local economy, meaning the investor must invest more than is required merely to cover costs or “make a living”. As well as paying the investor, the company must employ US workers and be profitable.

Applicants must demonstrate that they are suitably qualified for the role the company is offering them. Furthermore, the investor may enter the United States only for the sole purpose of directing, managing and overseeing the business.

We advise any investor interested in an E-2 visa to contact us before investing in a US company, so that we can help them secure the investor visa. We will gladly assist you in acquiring a suitable company and advise you on making it work effectively towards a successful E-2 investor visa application.

Bear in mind that the US company must continue trading so that the investor still meets the visa requirements when the visa falls due for extension. It is therefore not sufficient for the company to qualify the investor for the visa only at the outset; the business must have room to grow and develop so that it continues to qualify the investor over the long term.

It is also worth noting that mistakes made at the start of the process tend to cause serious and lasting problems. The essential first step in an effective strategy for achieving your immigration goals is comprehensive legal advice that considers your medium- and/or long-term objectives.

Further information on E-2 investor visas

The investment company’s activities may be adjusted, changed or extended into other business areas.

There is currently no cap on the number of times an E-2 visa can be renewed, provided the business continues to satisfy the one requirement that counts: the qualification requirement.

Applicants normally apply for the E-2 investor visa at the US embassy in their country of residence. The visa is usually issued for the period laid down in the agreement between that country and the United States. An applicant already lawfully present in the USA may also apply to change their status to E-2, but should be aware that they may lose their existing status if they leave the United States and will need a valid visa to return.

What is an E-2 visa?

The E-2 visa is a special category of non-immigrant visa that enables foreign investors to start a new business in the USA, run the company and live there for as long as the business remains active. If you are granted an E-2 visa, your family automatically becomes eligible for E-2 “dependent US visas”, and your spouse may work in the USA once they obtain an employment authorisation card.

How do you obtain an E-2 investor visa?

You must invest – and not only invest, but also play an active part in running your business. First, you need to set up an LLC in which you own at least 50%. Second, you must be a national of a treaty country that has signed an agreement with the USA.

What is the minimum investment?

The law does not prescribe a minimum investment. We do, however, recommend that our clients invest at least USD 50,000. Whether $50K is sufficient naturally depends on the nature of your business. Bear in mind that the larger your total investment, the smaller the share you need to commit upfront – in other words, you can begin by investing 70% of your total planned investment.

How long does the E-2 visa application take?

E-2 visa approval usually takes 2-3 months. One advantage of the E-2 visa is that you can apply at the US embassy in your home country, so no USCIS approval is needed, unlike other visa types. If you are already in the USA, you can apply directly to USCIS for a change of status. We recommend applying in your home country, where you will receive a visa stamp and can travel freely for the following 2 years. If you change your status within the USA, you will at some point have to return to your home country to obtain the visa stamp. So, to save time and money, obtain your approval at a US consulate and you will be free to travel.

What are the other E-2 visa requirements?

An investment of USD 50,000.
A trading company.
Tax returns for previous years must be submitted.
The lawful origin of your investment funds must be documented.
You must be involved in an active, genuine business.
You must actively manage the business.
The business must not be marginal.

How much does the process cost?

Legal fees for the E-2 programme vary according to the size of your business and the scope of the work involved, starting at around USD 2,500 per investor.

What do the costs cover?

Incorporation of your trading company.
A detailed and comprehensive business plan.
Complete filing on your behalf, including legal representation before USCIS and the US Consulate.
Legal and business advisory services.
Tax advisory services.

What about my family?

Your family can automatically apply for an E-2 visa alongside you and will receive “dependent” E-2 visas on the strength of your own approved E-2 visa.

Within what period after arriving in the USA must the initial USD 50,000 investment in the company be made?

The investor must make a substantial investment in the US company.

The initial investment in the US company must be made before the E-2 visa application is submitted (or paid into the attorneys’ escrow account if the company does not yet have a US bank account). The money need not be spent before applying, however; it is sufficient for it to be used within two years of the visa being granted, for example on vehicles, telephone equipment and services, office equipment or other items essential to running the business.

For the purposes of an E-2 application, the investment in the company must be substantial. It must either be made before the application is filed or, as part of the application, you will need to show the immigration authorities that you are able and ready to invest in a newly formed or existing company. 51% of the investment should take the form of “cash equity”.

The investor holds at least a 50% stake in the company.

The investor must play an active part in running the company, i.e. “direct and develop” it.

What criteria are used to assess the company after its first 2 years in the USA when applying for a further 2 years?

The company receiving the investment must be “bona fide”, meaning that it has a genuine place of business (offices, warehouses, etc.), is active (producing goods or providing services) and generates more income than the minimum required to support your family.

Employing US citizens always helps considerably when renewing the visa after two years.

The following can be used to demonstrate that the company is bona fide:

– an employer identification number (EIN) – tax returns, where filed – the number of employees – current and projected employee salaries – the company’s organisational structure – company bank statements, invoices and telephone numbers of the company’s senior staff/directors – accounting records

Are there binding requirements to hire local staff? Can I initially be the only employee?

The US company should create jobs for US citizens and, where possible, also for nationals of a country that has an E-2 treaty with the USA.

Employees from an E-2 treaty country must have special skills or be essential to running the company, i.e. form part of key management.

What are the English language requirements, and is a test required?

No test is required for E visas. You are expected to have a working command of English sufficient for everyday communication.