Q. Do I really need an E visa to reside in the United States if I have a business in the United States?
A. Unless you are a US citizen or US Green Card holder, you must be in possession of a valid visa to enter the United States as a Treaty Trader or Investor. by Treaty. In addition, all successful E visa applicants and their dependents are expected to present valid passports for visa issuance, regardless of their nationality.
Q. I received a change of status in the United States from the United States Citizenship and Immigration Services (USCIS). Is that all I need to present to be issued an E visa at the US Embassy or Consulate?
A. No. The change of status simply allows you to remain in the United States until the status granted expires. If USCIS has granted you a change of status and you leave the US, you must have an E visa in your passport in order to return to the US in that status. To obtain a visa, you must submit a completed application to the appropriate US Embassy or Consulate. The adjudication of your case can range from two weeks to six months, depending on which US embassy or consulate is deciding your case.
Q. How much money do I need to invest?
A. There is no minimum amount for an investment. E-2 visa regulations state that the investment must be sufficient to ensure the success of the business. Since different types of businesses require different amounts of capital, the amount you’ll need to invest depends on your US business.
Q. Do I really have to invest the money before applying for the visa? Can’t the US government give me the visa first?
A. The E-2 visa regulations state that funds must be “irrevocably pledged” to the investment before the visa can be issued. Therefore, you must document that your investment meets this criteria at the time of the initial application; this is usually achieved by showing that the investment has already been made. However, funds may be considered irrevocably pledged if they are held in an escrow account solely in reliance on the issuance of an E visa.
Q. Does the business need to be in operation at the time I submit my E-2 visa application?
A. Yes. The relevant E-2 visa regulations state that the business must be “real and active.” Most US embassies and consular posts interpret this to mean that the business must be actively operating at the time your E-2 visa application is filed.
Q. How can I start a business if I don’t have a visa?
A. You may enter the United States in B-1 (temporary business) visa status to establish (not operate) your business. You may not be paid in the US while you have B-1 status. If your business requires someone to manage or run day-to-day operations, you can hire people who are already properly documented to work in the US before you receive your visa. Once you have completed the initial commitments, you should immediately apply for the E visa.
Q. How long do I have to wait before I can apply for a “green card” or US citizenship?
A. An E visa is a nonimmigrant visa and does not lead to a “green card” or US citizenship. You can stay in the US only as long as your business complies with E visa regulations, assuming you maintain the proper visa and immigration status.
Q. Do I need an immigration attorney?
A. There is no legal requirement that you retain an attorney to file your E visa application. While many E Visa applicants choose to retain the services of an attorney to help them prepare their case, others do not. However, it is in your best interest to retain the services of a competent immigration attorney or law firm that is thoroughly familiar with the specific procedures followed by the US Embassy or Consulate in your home country. Failure to follow these procedures will certainly result in significant delays, may seriously harm the outcome of your case, and may have irreversible financial consequences.
Q. Where can I get information on good places to invest in the US?
A. Contact our office for more information.
Q. What licenses and permits do I need to open and operate a business in the United States?
A. License and permit requirements vary by state and county and by the type of business you want to operate. For specific information, you should contact the appropriate government offices in the locality where you plan to start your business. Alternatively, you can retain the services of a law firm to carry out the necessary consultations on your behalf.
Q. I already own an E company and want to employ someone who is not in the US. Can employees of an E company qualify for an E visa to work for my US company?
A. To qualify for an E visa as an employee of an E company, the applicant must have the same citizenship as the owners of the E company. In addition, the work to be performed must be of an executive or supervisory nature, or the employee must possess skills that are essential to the operation of the American company.
Q. Can my spouse and children work in the US?
A. As of January 16, 20002, dependent spouses of E visa holders are eligible to apply for work authorization from USCIS. Children of E visa holders cannot work in the United States unless they independently qualify for employment authorization, such as an E, H, or L visa.
Q. My spouse (or child) uses a different last name than mine. This is a problem?
A. A dependent whose last name differs from the E visa holder’s last name must have proof of the relationship on hand (a marriage certificate for spouses or birth certificates for children, for example).
Q. Can my fiancé(e), common-law partner, or same-sex partner come with me?
A. Under US immigration law, a legal marriage must exist before one can be considered a spouse. Therefore, fiancés, common-law partners, or same-sex couples do not qualify for derivative E visa status. Other avenues may be available to help applicants in such a situation. Please contact our firm for further details.
Q. My spouse and/or children are citizens of a country other than my own. Can you still join me?
A. The spouse and children (defined as unmarried and under the age of 21) do not need to have the same citizenship as the primary applicant. However, dependents of E visa holders must have visas to accompany the principal applicant to the US.
Q. Will I have to appear in person at the US Embassy or Consulate?
A. For all visa categories, including treaty visas, each applicant 14 years of age or older must appear for a personal interview before a consular officer. In all cases, each applicant (including those under the age of 14) must be physically present in the country of application at the time of issuance. Applicants who are ineligible for a US visa due to criminal convictions, immigration violations, drug charges, or other similar reasons may be required to appear to determine the grounds for ineligibility and the applicability of a waiver of such ineligibility. In such cases, the applicant should be prepared for a wait of up to 180 days a week while eligibility is confirmed and/or a waiver is requested.
Q. How long does processing normally take?
A. Processing times vary widely among different US embassies and consulates. For example, the US Embassy in Mexico City can process an E-2 visa case in a week, while that the US Embassy in London can take up to 6 months to process a case. Generally speaking, if your initial filing is not complete, then your case will not be officially “received” or may be denied to allow you to provide the missing information. When you resubmit the case, it will generally be placed at the back of the processing queue. Please note that an applicant’s submission will often require clarification or additional information before the adjudicating officer can determine eligibility. If this is the case, you (or your attorney of record) will be notified in writing.
Q. Will processing be expedited if I send my passport to the US government at the time of my application?
A. No. You should not submit passports until requested by the US Embassy or Consulate. Early submission of passports may delay the processing of your case.
Q. I paid $100.00 USD when I applied. Why is there an additional fee for issuance?
A. The $100.00 USD fee you paid at the time of application is called the Machine Readable Visa (MRV) processing fee. This non-refundable fee is charged to all nonimmigrant visa applicants, regardless of whether the application is approved. Once your case has been approved, there may be an additional fee for visa issuance. This fee is called the “reciprocity fee” and is determined by the fees your country of citizenship charges US citizens for similar visas. The E visa reciprocity fee for a Canadian citizen, for example, is currently $40.00 USD.
Q. I have read all of this information and still have questions. Who can answer them?
A. Please review all the information provided on our website for any general questions about the E-2 visa. If after reviewing the website you find that your specific questions have not been answered, we invite you to contact our office by email or phone.
Q. I am a UK citizen. Are there any special requirements or restrictions that apply to me?
A. The United States Embassy in London processes E visas for the entire United Kingdom. See the US Embassy website for more details. To qualify for an E-2 treaty investor visa, UK citizens must actually reside in the UK, and proof of this must be provided as part of the E-2 application and registration process.
Q. I am an Australian citizen currently residing in the UK. Should I file my E-2 visa application in the UK or in Australia?
A. A citizen of one of the other qualifying treaty countries who is a UK resident can apply for an E visa at the US Embassy in London. The relevant treaty may or may not allow an application to be filed in the country of origin. In the case of an Australian citizen, filing in Australia is allowed and can save significant processing time. In contrast, a citizen of Spain residing in the UK cannot currently file an E-2 visa application in Spain. Please call our London office for further details.