Foreign nationals who meet treaty investor requirements that are already legally residing in the U.S. on a nonimmigrant status may file a Form I-129 to request a change of status to the E-2 classification. Furthermore, an employer may submit the I-129 form on behalf of the desired employee so long as they are in a lawful nonimmigrant status.
Treaty investors residing outside of the U.S. are not able to a Form I-129 to be granted admission under the E-2 program. Instead, they must apply and receive an E-2 visa from a U.S. consulate or embassy overseas. A U.S. consular representative will look for the following qualifications in a treaty investor:
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Substantial capital as defined by the State Department involves funds and assets that meet the following conditions:
Furthermore, the investment enterprise must be verified as a bonafide business opportunity. The U.S. government determines the merits of a bonafide enterprise based on its real and active status in producing goods or services for profit.
Lastly, marginal enterprises do not qualify under the E-2 program. A marginal enterprise is defined as one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.
Immediate family members — spouses and children under 21 — of E-2 treaty investors and employees may seek E-2 nonimmigrant classification as dependents. They are not required to have the same nationality as the treaty investor or employee. Family members are generally granted the same period of stay allowance as the treaty investor or employee.
Family members who already reside in the U.S. and are looking to change their status under the qualifications of an E-2 visa-dependent classification may apply by filing a single Form I-539 for a fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with a fee. No specific restrictions regarding where a spouse may work are set as long as approval is granted.
E-2 treaty investors who travel abroad and are granted an automatic two-year period of readmission when returning to the United States. This does not automatically extend to E-2 dependents unless they accompany the E-2 treaty investor or employee. To remain lawfully in the United States, family members must keep track of the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.
Most E-2 visa applications are submitted through a U.S. consulate with processing times of two weeks to four months depending on the consulate’s geographic location. First, an initial review must be completed. Then, the consulate representative will set up a follow-up interview with the E-2 applicant. Pending approval, the E-2 visa will take about a week to be issued after the application goes through. Using the assistance of an E-2 visa attorney can help expedite the process and make sure you are on track to receive your visa in a timely manner.
The expansion of global enterprise has allowed investors to plant new business initiatives internationally, creating growth and success across multiple levels of commerce. Treaties permit the exchange of goods and ideas between countries allowing new opportunities to unfold across the diaspora of stakeholders. For investors who possess enough capital, they are able not only to participate but facilitate this process of transnational interconnectedness by establishing or supporting industry initiatives in the U.S. under the E-2 program.
The attorneys at Farmer Law are available to employers and employees looking for guidance to find a suitable pathway for investment-based immigration. If you feel the E-2 visa is not the right fit for your needs, be sure to see the other visa types available for hopeful green card candidates. Schedule an initial consultation with our team of legal immigration experts to find out more about what options are available regarding your employment visa eligibility.
Reach out to us for any questions on specific U.S. immigration laws, U.S. immigration forms, citizenship applications,
U.S. work visas, or any other aspect of immigration law.
The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
