The first step to an approved E-2 visa is ensuring that the business venture and corresponding investment meet the requirements for this specific visa type.
E-2 Treaty Investor Visa
E-2 TREATY INVESTOR VISA
The E-2 Treaty Investor visa is a nonimmigrant classification that allows nationals of treaty countries to be admitted to the U.S. when they invest substantial capital in a U.S. business.
The foreign national must establish the following: that they are a national of a country that has a treaty of commerce and navigation with the U.S., that they have invested or are investing a significant amount of capital in a bona fide business (real, active, and operating—producing services or goods for profit) in the U.S., and that they are seeking to enter the U.S. solely to develop and direct that investment.
APPLICATION PROCESS
Change of Status Application
01
If applying from within the U.S., the Application is submitted to U.S. Citizenship and Immigration Services (USCIS) and filed on Form I-129 with a request to change your current status to that of E-2, along with providing supporting documentation to meet evidentiary standards.
File DS-160 Application
02
If applying outside the United States, the application is filed on the DS-160 electronic application form with the Department of State (DOS).
Interview & Evidentiary Proof
03
Once DOS accounts are created and confirmed and corresponding fees are paid, the final consular interview is scheduled, where the applicant attends and answers questions about the enterprise, funds invested, and anticipated activities to be performed. A support packet establishing evidentiary proof of eligibility is presented to the consular agent.
Entry into the U.S.A.
04
If the consular agent approves the application, the visa is processed and placed in the foreign national’s passport, and entry into the U.S. is possible once the visa is in possession.
TYPICAL TIMELINE
Work with an Attorney
01
Work with an attorney to gather documents and review them for meeting eligibility standards (approximately four weeks).
Assembly of Support Packet
02
Attorney assembly of support packet to accompany either Form I-129 for Nonimmigrant Worker E-2 status application with USCIS or presentation at Consular interview (2-3 weeks).
File Form I-129 Change of Status
03
File form I-129 Petition for Nonimmigrant Worker in E-2 status. Processing time can vary, but adjudication typically takes 2-3 months. USCIS allows Premium Processing to expedite the adjudication of E-2 applications in as little as 15 days but requires an additional government filing fee.
Submit DS-160 Application
04
If the applicant is outside the U.S., the DS-160 application must be completed along with account creation and verification (approximately 5-7 days).
Attend Consular Interview
05
Schedule and attend a consular interview for review of the E-2 application. Wait times for consular interviews vary by country but can take two weeks to five months, depending on appointment availability at the corresponding consulate.
Consult with an expert immigration lawyer to ensure a successful E-2 visa approval.
Working with immigration and employment experts can open doors for additional opportunities. Our team’s extensive expertise allows us to combine legal and creative strategies to ensure successful immigration and employment.
Additional Resources
U.S. Citizenship and Immigration Services (USCIS)