Typical E-2 Visa Requirements
Below are typical E-2 Visa requirements from US Consulates (US Department of State). This information is gathered from the US Consulate in Dublin, the US Embassy in London, and various other US consulates and US Embassies around the world. To understand the requirements for you and your family speak with Caro Kinsella our head attorney and business immigration visa expert.
- The investment must be in a real operating enterprise. Speculative or passive investment does not qualify. Uncommitted funds in a bank account or mere ownership of undeveloped land are not considered an investment for E-2 Visa purposes.
- The investment may not be marginal. the US enterprise must either show a financial return that significantly exceeds what is necessary to support a living for the investor or else the enterprise must have the capacity, present or future, to make a significant economic contribution. (Our office will provide our clients with projected earnings templates and these will be required for the business plan for a new business.)
- The investor must be coming to the United States to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant’s skills are essential for the enterprise in the U.S. or why the applicant possesses qualifying “executive or supervisory: experience may be required;
- The applicant must intend to depart the U.S. when his/her E-2 status ends, our office will explain how to fulfill this requirement.
- The investor, either a person, partnership or a corporate entity, must have the citizenship of the treaty country. If joint venture 50:50 then it must be owned by persons with the treaty country’s nationality, otherwise investor must have majority control and ownership – if you are unsure run your scenario past our office’s business and investor visa attorney who will guide you on whether or not your set up is permitted for the E-2 Visa.
Our attorneys will go through the other E2 requirements and documents required for this visa to give you and your family the strongest opportunity for the E-2 visa.
Do I have to maintain a foreign residence during my E2 time in the US?
No, you do not need to maintain a foreign residence while you are in E2 status, as long as you affirm unequivocally your attention to the depart of the US at the end of your E2 permission stay. If you are applying for your E2 visa at a US consulate/Embassy most do not require you to maintain a foreign residence, in other words when you go to your interview it does not matter if you do not own the property or have sold your car etc. (*Note – the UK consulate in London does have certain residency requirements speak with our office about specific requirements based on your US Embassy location). A very important part of the E2 process is fully understanding the US consulate you will be filing your E2 with.
Our office files E2 visa petitions all around the world and have a vast experience in working with many consulates especially in Dublin and the US Consulate in London. Book an appointment with our office, speak with our attorney and understand your options in detail.