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E-2 Investor Visa FAQ

What is a substantial investment for an E-2 visa (E-2 Treaty Investor Visa)?

There are no specific guidelines on what constitutes a substantial investment for the E-2 treaty trader visa, however, an investment of around $200,000 USD is often considered to be a substantial investment. In some cases, however, investments of much less will qualify. The amount invested ultimately depends on the specific business. For investments of $500,000 USD and above, you may then qualify for permanent immigration, if you meet the requirements set forth by the USCIS (lookup).
Source: Mark Carmel, U.S. Immigration Lawyer

How long is an E-2 visa valid for, and can I renew my E-2 Visa?

E-2 Visas are typically valid for 5 years, however, this depends on your country of permanent residence. E-2 visas can be renewed for 5 years at a time, and you may also obtain 2 year status extensions. In this regard, with an E-2 visa, you may remain in the United States indefinitely, as long as you remain qualified for the E-2 visa.

How do I apply for an E-2 Visa extension?

• Complete and submit Form I-129 Peition for Nonimmmigrant worker
• Complete and submit the E supplement
• Complete and submit form I-539 (Application to Extend or Change Nonimmigrant Status

Along with the above referenced documents, you must also include:

• A copy of Form I-94 Arrival-Departure document
• A complete copy of your passport
• A copy of your original Form I-797 Notice of action
• A letter from the employer confirming that an E-2 extension is required
• A copy of your personal and business tax returns (U.S. tax returns) along with payroll tax returns from the past two years

When should I apply for an E-2 Extension?

You should file your E-2 visa extension before your I-94 expires. If you apply for an E-2 visa extension before your I-94 expires, then you may resume work in the United States for 240 days, while waiting for the decision on your extension. If however, you apply for the extension after your I-94 expires, then you may resume for 40 days while waiting for the decision. If you do not receive the decision by the end of the 40 day period, then you must stop work and leave the United States. This is why it is crucial to file your extension for an E-2 visa before your I-94 Arrival-Departure document expires.

Can I change my status while on E-2 status?

Yes, you can change your status while in the United States by filing Form I-129 (Petition for Nonimmigrant Worker). You may also file Form I-539 Application to Extend/Change Nonimmigrant status. You must indicate the appropriate change of status and include any supporting documentation for the status that you wish to obtain.

Can I study at a college or university while on an E-2 visa?

You can study while on an E-2 visa, however, you may not enroll in a full length program at a college or university. You may take a few classes, however, enrolling in a full length program is not allowed, since it conflicts with the purpose of the E-2 visa.

Can I bring my husband or wife and dependent children with me while I am under E-2 status?

Yes you may bring your spouse and dependent children under  21 with you to the United States while you are under E-2 visa status.

 Are there any Travel Restrictions associated with an E-2 Treaty Investor Visa?

There are no travel restrictions associated with an E-2 Treaty Investor visa. You may freely travel in and out of the United States as often as you like, and there are no restrictions on the amount of time that you may spend abroad.

Can I bring my personal or domestic servant with me while under E-2 Status?

Yes, you may bring your personal or domestic servant with you to the United States while on E-2 status. You must show that your domestic or personal servant is maintaining a permanent residence abroad, and that he or she has worked for you for the past year. You may also bring your domestic or personal servant if you can show a long term employment relationship between yourself and the servant, and that the servant has at least a year of experience as a personal or domestic servant.

Can my spouse and children work in the U.S. while I am on E-2 Status?

Your wife may work in the United States by filing Form I-765 Application for Employment Authorization. However, your dependent children are NOT allowed to obtain employment while in the U.S.

Can my dependent children study at schools, colleges or universities while I am on E-2 Status?

Your dependent children are allowed to study at schools, colleges, or universities while you are under E-2 status. Your dependent children do not need to obtain separate student visas.

What is the E-2 Visa processing time?

The E-2 visa processing time is usually between 2-4 weeks, however, the actual time may vary depending on the U.S. Consulate at which you applied.

Can I apply for a green card while on E-2  visa status?

You are eligible to apply for a Green Card while under E-2 status as long as you meet the guidelines for one of the following methods:

• EB-1 Green Card: You can obtain a green card while under E-2 status if you are an “Alien of Extraordinary ability” or a “Multinational Manager or Executive.” If you find yourself in one of these categories, you can file an immigration petition under one of these categories.
• Family Based Immigration Green Card: You may obtain a green card if you have close relatives in the United States. Your relatives may file a petition in this case.
• National interest Waiver: If you are an “alien of exceptional ability,” have an advanced degree or an equivalent level of experience, and can show that your services will greatly benefit the United States, then you may file a National Interest Waiver (NIW).
• Employment Based Immigration: If you can find an employer who is willing to file a Labor Certification form with the Department of Labor, then you may qualify for a green card through the employment based immigration process.