E Visa for Investors

What type of investor may apply for an E-1 or E-2 Investor Visa?

Investors planning to enter the U.S. to invest in, to develop and direct operations of a business, may be eligible to apply for a E-1 or E-2 visas.  They may also be able to bring their foreign employees to the U.S. on E visas.   Families of E visa holders are eligible to apply for E-Visas as well.

Does Country or Citizenship matter?

Yes.   Only citizens of countries with valid Treaties allowing for E-1/E-2 visas qualify.
What is the difference between E-1 or E-2 Investor Visas?
Simply put, E-2 is for any type of business, E-1 is for businesses involved in international trade.  E-2 for Treaty Investors: E-2 Treaty Investor visa applicant should be able to demonstrate that they are making an appropriate investment in, and will develop and direct,  a U. S. business.   Simply put, any business will do.    E-1 for Treaty Traders: Applicant for E-1 Treaty Trader visas should be able to demonstrate that he or she is entering the U. S. to continue trade between the U.S. and the applicants’ country.

What information and documents should anE-1/E-2 Visa applicant anticipate to disclose to the U.S. Government? 

The U. S. government is interested in seeing that the investment in the U. S. economy is “substantial,” not “marginal,”  that the investor is comfortable with investing “money at risk.”    Some information and documents of interest to the U. S. government in adjudicating E visas may include:
  • Information about the E visa applicant, especially as it relates to business/managerial/executive acumen;
  • Articles of Incorporation for the U.S. business;
  • Evidence of the company’s ownership;
  • Evidence bearing on the capitalization of the business;
  • A five-year the business plan;
  • Any evidence on operations of the business, such as marketing/advertising, sales agreements, lease agreements for office space, retail space, or manufacturing facilities;
  • Tax returns and/or audited financial statements and other documentation showing the source of the money to be invested;
  • If the investor has a business or businesses abroad, information regarding the foreign business(es)
  • Description of the investor’s duties at his/her new job in the US as they related to how the investor will develop and direct the U.S. business.

How long does it take to apply for an E Visa? 

In many cases, collecting and reviewing the information in preparing the E-visa application takes longer than the visa application process itself.  Depending on availability of the records from the investor or his/her staff, we have put applications for clients together in as little as two weeks and as long as four months.   After the application is filed with he appropriate U.S. consulate or USCIS, the government make take several weeks or in some cases, months to adjudicate the application.

What is the role of the corporate immigration attorney in the TN Visa Process? 

Corporate immigration lawyers review facts of the case, advise employers on feasibility of proceeding with a specific visa, prepare documentation necessary for the application, and advise the employer throughout the visa application or extension process.

Resources & Training:

All U. S. consulates deal with E visas a bit differently, but a good example of the E visa procedures and document requirements may be found on the U.S. Consulate in Dublin. Ireland’s web page.
Additional Training
Mdivani Corporate Immigration Law Firm

7007 College Blvd, Suite 460

Overland Park, KS 66211