E2 US Investor Visa – Everything you need to know
An E2 US Investor Visa is a visa that allows investors to move to the US with their families and work in the business they have invested in, even with a relatively small investment.
Currently, an E2 Investor Visa with a foreign passport provides a visa for 5 years, with an unlimited extension option, as long as the business is still operating and working successfully and in accordance with statements made by the investor when receiving the visa for the first time.
In any event, it is important to know that for investors who hold dual citizenship and an additional passport, it is usually worthwhile to apply for an E2 visa on their foreign passport, insofar as it allows for a longer number of years than the existing one. For example, with a foreign passport applicants can get a visa for 5 years compared to a shorter time for an existing passport from the destination country).
The countries that are parties to the agreement with the US government and through which an E2 Investor Visa can be obtained can be seen at the following link:
E2 Investor Visa – In General Terms
An E2 Investor Visa is a visa that allows business owners who invest in the US to obtain a visa that allows them to live and work in the US, as a citizen for all intents and purposes. The visa holder can obtain a social security number (SSN), driver’s license, accumulate credit in banks and financial companies as well as take out health insurance as any citizen in the US.
It is important to know that investors’ families also receive all the conditions of US citizens, such as social security numbers and more. Furthermore, the investor’s spouse can apply for a work permit immediately upon moving to the US, and work legally in the US.
With an E2 US Investor Visa, the business for which an Investor Visa is applied can be an existing business in the US that has been in business for several years, or investors may open a new business in the US. In any case, an E2 Investor Visa applicant must own at least 50% of the business.
Applying for an E2 Investor Visa requires applicants to meet numerous US Government criteria and each requirement must be met with great care and precision. The requirements that applicants are required to meet are in order for the US government to be able to assess the prospects of the business applicants seek to establish in the United States and its economic strength with the utmost accuracy. Also, to examine the reliability of applications and ensure they are real applications and not just an attempt to immigrate to the United States at the expense of a business in the United States.
Documents Required for Applying for an E2 US Investor Visa
- Detailed business plan of an existing business or the new business applicants wish to establish – the business plan required for presentation to the US Embassy is a very detailed business plan that should include many variables such as: business competitors, income and expenditure budget for the next 5 years, staff to be employed for 5 years from the date of establishing the business, estimated future profit and loss statement, estimated investment expectations, marketing plan for the business and strategies for bringing customers and more. It is important that the business plan is done by someone who specializes in business plans for companies and startups and of course it must be written in English.
- Completion of various forms required by the US Consulate – Among other things, applicants are required to fill out Form DS-160 and Form I-129 as well as many other forms that detail applicants’ skills, a business summary, investors’ requirements to operate the business in the US, and more. It is very important that a professional fill out all these forms, specifically, a lawyer proficient in embassy requirements for an E2 Investor Visa as any small mistake and/or various errors in the many forms can cause the application for an E2 Investor Visa to be rejected by the US Embassy.
- Approval from an American accountant for opening the company and its economic conduct – an accountant certified by the American tax authorities must give his approval in an official document that the business is indeed owned by the applicant and it is necessary to specify the applicant’s share in the business.
- Proof of the business’ activities – many documents verifying the correctness of the business and the investment already made in the business need to be submitted. It should be emphasized that an E2 Investor Visa is granted to applicants only if the business has already begun to function as a business before the application is submitted. Therefore, it is important to show that the business is already involved in various business activities such as: hiring employees, contracts with suppliers, leases, work contracts with customers, contracts with customers and other various documents that indicate that the business exists.
- Passport photos of the applicant and his family – applicants and their family members who plan to move to the United States, must attach up-to-date passport photos in the format available on the US Embassy website. On the site you can find examination tools that allow you to know in advance whether the size of the image and the ratio of the head in the image meets the requirements of the embassy. Click here to check passport photos
The Reasons Why the US Government are Granting E2 Visas
Many are unaware of this but the main purpose of an Investor Visa to the US and the main reason the US government is granting E2 Investor Visas is to generate jobs for American citizens as well as to recover and develop the American economy.
Statistics show that every year, an average of between 20,000 and 25,000 E2 Investor Visas are issued to different investors from different countries. So, by a simple calculation that on average each business employs at least 3 American workers, granting E2 Investor Visas generate about 60,000 jobs each year to Americans. An important statistic that cannot be ignored. It is therefore important to understand that in the end, just as the investor’s interest is to get the visa and move to the US for business development, the US government also has an interest in distributing the E2 investor visa to investors. Of course, as long as it is a real business that will provide jobs for American citizens and in addition will pay taxes and help develop the American economy. It is therefore important to understand that in the end, just as the investors’ interest is to get a visa and move to the US to develop their business, the US government also has an interest in granting E2 Investor Visas to investors. Of course, as long as it is a real business that will provide jobs for American citizens and in addition will pay taxes and help develop the American economy. In addition, a successful business in the United States contributes to the American economy, increases the national GDP and provides new jobs. These are the main reasons why the US government encourages Investor Visas to the United States and facilitates the conditions of issuing E2 visas to investors, as long as the business is operational and can be proven to have a great chance to grow and expand.
Amount Required for Investment to Obtain an Investor Visa to the US
Contrary to popular belief and opinion, there is no fixed amount specified in the law to obtain an E2 Investor Visa. The amount varies from one business owner to another and from one type of business to another. We often hear in our office about the rule of thumb that says it takes at least a hundred thousand dollars to invest in a business in the US. While an investment of one hundred thousand dollars is a large investment that shows the willingness of investors and a certain financial strength. But in our experience, it is not true to say that the minimum required for a business is an investment of $ 100,000.
It is our experience that the scope of investment varies depending on the type of business and area of business as well as other variables that are not necessarily related to the business such as: the state in which you want to open the business, the area in which you want to open the business (peripheral area or in a big city). A business investment in the periphery will probably be many times smaller than a business that has grown in the center of a large city. Both in terms of rental fees, wages and other variables that affect the amount of investment in the business. And of course, as we mentioned, depending on the type of business – a business that requires a large inventory, for example trucks for transport, will require a larger investment in inventory than a business that is based on working in front of a computer such as graphic design, computer programming or business consulting.
That is why business investments are determined on the basis of all these factors and therefore, it is difficult to estimate the amount of investment required for the business. In our experience, it is more important to show that a certain amount was indeed invested in the business before applying to the US Embassy and therefore we often advise our clients to make relatively large investments in the business before applying for an E2 Investor Visa.
Investment such as:
- Rent
- Wages (employees)
- Office expenses
- Purchasing business inventory such as: computers, printers, telephones, office supplies etc.
- Purchasing a vehicle for the business and/or for deliveries for the business
All these help to show that the business is indeed working and functioning and that the business owner and applying for an E2 Investor Visa has indeed invested his money and time in the business before submitting an application.
As mentioned, the amount of investment depends on the type of business, the business plan, the state in which the business is opened and other factors that change the amount of investment required.
Terms for Receiving an E2 Investor Visa:
Investors must meet many criteria in order to receive a Visa. The main criteria are:
- Applicants must hold at least 50% of the business in the US for which the application is submitted.
- The business should start operating before applying for the visa as stated above, with regard to the scope of investment, office rent, employees, office expenses and more.
- The amount of the investment must be transferred from the applicant’s account in Israel directly to the bank account of the business and all this before submitting an application for an E2 Investor Visa. The purpose of this is to show that there is indeed a direct connection between the owner of the bank account in Israel and the owner of the bank account in the US and that he is the same business entity.
- A certain investment in the business is required before applying for the visa. As we detailed above, the investment should be significant and not just theoretical. A real investment will be an investment that can be met by various amounts invested for the business before submitting the application.
- The business should have an address and there should be an active office in the US with telephone and fax services and humans answering the phones if possible.
- The business must have an active bank account and a Tax ID number obtained from the federal tax authorities.
- It is important to open a US bank account for a business in a reputable and reliable bank which supports online transactions.
For How Long is an E2 Visa Granted?
An E2 Investor Visa is currently granted for a period of two years. This is because was the agreement between the destination country and the US was only approved on May 1, 2019 and therefore, the US government is still careful in granting visas to investors. In contrast, for investors with dual citizenship, it is possible to apply for an E2 Investor Visa on the foreign passport in their possession. For each country that is in the treaty the visa is given for a different period, the longest of which is a period of 5 years.
Therefore, if there the applicant has an additional citizenship, it is highly recommended to check before submitting an application and check whether it is better to submit the application on the investor’s passport or on the foreign passport.
Enter this link for the list of countries in the E2 Visa Treaty with the time given to each country:
Can Investors Relocate to the US with their Families after Receiving an E2 Visa?
After receiving an E2 visa, the family members of the main visa applicant may relocate to the US with him and stay with him for the entire period of the visa and as long as the business exists and is operational.
It is important to note that with an E2 visa, the applicant’s spouse can apply for a work visa and work in any legal job in the US so that the visa allows both spouses to work. In order to do so, the applicant’s spouse can only apply to the US authorities after entering the US. The application is simple and the time for approval usually takes between one and three months. Upon receipt of a permit, the applicant’s spouse can work in the US legally and without concern in any job other than government jobs.
Needless to say, any child under the age of 21 living with the visa applicant can be issued with an E2 visa as a child and obtain a visa for the same period as the applicant and his / her spouse. The children will receive full rights and of course, will be able to study in the US, receive medical insurance and issue an SSN (Social Security Number).
Security Number.
For How Long is an E2 US Visa Valid?
The visa will be valid as long as the business for which the visa was applied for is operational. In the event the business ceases to operate and/or closes, a change of status must be considered and there is an obligation to report to the American authorities regarding closure of the business. It is important to note that the visa can be renewed indefinitely as long as the business meets the criteria listed in the law, but it is important to request a renewal in time and before the visa expires in order to avoid a situation of overstaying in the US. This can cause great problems and unpleasantness with the American authorities. It is therefore advisable to regulate the validity of the visa and request an extension on time and several months before the visa expires.
Can a Green Card be Obtained with an E2 Visa?
An E2 Investor Visa by definition is a nonimmigrant visa and therefore by definition does not grant a Green Card. Therefore, the law does not allow a person who has received an E2 Investor Visa to obtain a Green Card directly from an E2 Investor Visa. However, in our experience, it is often possible to change status depending on the family situation of the business owner (if the E2 visa holder marries a US citizen in the US), if the visa holder’s spouse is accepted to a workplace which after a certain time requests the employee and offers them sponsorship – a situation that allows for a Green Card to be issued for the employee (the spouse of the visa holder) and the rest of the family.
That is, in principle it is not possible to get a Green Card directly from the E2 visa, but it is certainly possible after the move to the US to change one’s status in different circumstances and get a Green Card after changing status. Also keep in mind that the E2 visa can be extended indefinitely and therefore there are investors who have been in the US legally on the same visa (E2) for several decades.
Why is it recommended to submit an application for the E2 Visa through a specialist attorney?
Our firm has extensive experience in submitting E2 Investor Visa applications. Clients often come to our office who have chosen to carry out the process alone and/or have been assisted by the services of non-legal entities such as various companies that offer similar services and have experienced cases of unprofessionalism and/or not meeting goals and/or keeping promises. This is because the field of E2 Investor Visas is complex and based on American legislation, and in order to meet the many criteria set by the US government, one has to understand commercial law as well as American immigration laws. Therefore, it is advisable to enlist the help of an immigration attorney and an attorney who specializes in US investments and commercial law in order to evaluate the E2 Investor Visa application in a legal and professional manner.
As part of Attorney Nir Avivi’s field of expertise, the firm handles E2 US Investor Visa applications from investing citizens as well as from investors with dual citizenship according to the client’s priority and the time the visa is granted for according to each country (according to the Treaty and as explained above).
Our firm handles submission of E2 US Investor Visas to the US Consulate in Tel Aviv and also helps many clients prepare the necessary materials and steps needed to open a business in the US so that the business owner can eventually obtain an E2 Investor Visa to the US.
The next step – Scheduling a consultation meeting to get all the tools for preparing an E2 Investor Visa
As explained in detail above, applying for an E2 Investor Visa involves meeting many of the criteria required by the US Embassy. Due to this and due to our extensive experience, it is recommended to arrange a consultation meeting where one of our representatives will go through each step with anyone considering applying for an E2 visa. In this meeting we will help applicants prepare all the necessary documents for obtaining a visa and help them meet the requirements of the US Embassy before investing in a business – something that will save a lot of resources and time for wise investors.