Immigration Lawyer Blog
In this video, attorney Jacob J. Sapochnick, explains the process of applying for an E-2 visa and the steps involved in that process. The E-2 visa is a non-immigrant visa type (temporary) that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities.
Overview:
The E-2 ‘investor visa’ is available to an applicant who invests a substantial amount of his own money into a U.S. business, which he can control and direct. This visa type is a great option for individuals who wish to invest their money to purchase an existing business or to start up a new one.
In order to qualify for the E-2 visa, you must be a foreign national of a country that has a treaty-trader agreement with the United States.
The following countries have treaties with the United States that allow qualifying nationals to apply for Treaty Trader status:
| Albania | Czech Republic | Kosovo | Romania |
| Argentina | Denmark | Kyrgyzstan | Serbia |
| Armenia | Ecuador | Latvia | Senegal |
| Australia | Egypt | Liberia | Singapore |
| Austria | Estonia | Lithuania | Slovak Republic |
| Azerbaijan | Ethiopia | Luxembourg | Slovenia |
| Bahrain | Finland | Macedonia | Spain |
| Bangladesh | France | Mexico | Sri Lanka |
| Belgium | Georgia | Moldova | Suriname |
| Bolivia | Germany | Mongolia | Sweden |
| Bosnia and Herzegovina | Grenada | Montenegro | Switzerland |
| Bulgaria | Honduras | Morocco | Thailand |
| Cameroon | Iran | The Netherlands | Togo |
| Canada | Ireland | Norway | Trinidad and Tobago |
| Chile | Italy | Oman | Tunisia |
| China (Taiwan) | Jamaica | Pakistan | Turkey |
| Colombia | Japan | Panama | Ukraine |
| Congo (Brazzaville and Kinshasa) | Jordan | Paraguay | United Kingdom |
| Costa Rica | Kazakhstan | Philippines | Yugoslavia |
| Croatia | South Korea | Poland |
The Process of Applying for an E-2 visa:
Step One: Set up and register your business in the United States (LLC or C corp) to start the planning of your new company in anticipation of your investor visa
Step Two: Once the company is formed, the next step is to open the corporate bank account where the funds will be transferred by the foreign national to be committed to the business enterprise
Step Three: Once the bank account is set up, then the funds to be committed to the business enterprise can be transferred from the foreign country to the corporate bank account, to be able to use those funds for the purpose of investing them in the business
Step Four: After the money has been transferred, the company can being the process of investing the funds into the business such as obtaining a lease for the business and making rent payment toward the lease, purchasing equipment, hire employees, begin marketing the business. This step is known as the “investment period.” The investment period can be anywhere from 60-90 days.
Step Five: Once the investment period has been completed, then the case is filed with the U.S. embassy of your treaty country, of if you are in the United States on a valid visa, you can file a change of status application along with your E visa petition.
To read more about visa options for entrepreneurs please click here.
To schedule a consultation, please contact our office at 619-819-9204.
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