How to Obtain an E2 Visa? What Are the Requirements?

By Asim Clinch, Immigration Attorney at Clinch Law Firm

The E2 visa is a non-immigrant visa designed specifically for entrepreneurs who wish to invest in and establish a business in the United States. This visa is available to citizens of countries that have trade and investment treaties with the U.S. Turkish citizens are eligible to apply for the E2 visa under this agreement.

The E2 visa covers not only the investor but also their spouse and unmarried children under 21. In this article, we will cover the following topics:

  • What is the E2 Visa?
  • What Are the Requirements for an E2 Visa?
  • Required Documents for an E2 Visa Application
  • The E2 Visa Application Process
  • The E2 Visa Renewal Process

If you have additional questions about the topic, feel free to contact me via the comments section below this article, through LinkedIn messaging, or on the official Clinch Law Firm website!

What is the E2 Visa?

The E2 visa is a business visa offered to individuals who wish to establish a business or invest in an existing business in the United States. This visa aims to directly create jobs and contribute to the U.S. economy.

Scope: The visa holder is allowed to actively manage and operate a business based on their investment.
Duration: This visa is typically issued for an initial period of 2 years, but it can be renewed as long as the investment continues.
Family Members: The spouse of the visa holder can obtain a work permit, and their children can pursue education in the U.S.

What Are the Requirements for an E2 Visa?

Certain criteria must be met to apply for an E2 visa:

  1. Investor’s Nationality: The applicant must be a citizen of a country that has an E2 treaty with the U.S. Turkey is one of these countries.
  2. Substantial Investment: The investment amount must be significant, depending on the nature of the business, and must be “at risk.” Generally, investments of $100,000 or more are considered sufficient.
  3. Active Business Management: The investor must actively manage the business. Passive investments, such as real estate ownership, do not qualify.
  4. Economic Contribution: The business must positively impact the U.S. economy. Creating jobs through the business is a key factor.
  5. Profit Motive: The business must aim to generate profit, and the investment should demonstrate sustainability.

Required Documents for an E2 Visa Application

To apply for an this visa, the following documents must be prepared:

  • Passport: A valid passport.
  • DS-160 Form: The non-immigrant visa application form.
  • Proof of Investment: Bank statements, contracts, and other financial records.
  • Business Plan: A detailed business plan explaining the investment and the business’s economic benefits.
  • Business Documents: Business registration, licenses, and incorporation papers.
  • Consular Appointment Confirmation: Confirmation of the interview appointment at the U.S. consulate.

E2 Visa Application Process

The E2 visa application process includes the following steps:

Preparation of Business Plan and Investment:

A detailed business plan must be prepared, covering financial projections, expected profits, and contributions to the U.S. economy. The investment must be at risk and geared toward commercial activities.

Collection of Required Documents:

All necessary documents, including proof of investment, financial status, and business management records, must be gathered.

Consular Interview:

After submission, an interview is conducted at the U.S. consulate. During the interview, the sustainability of the investment and the applicant’s understanding of the business plan are evaluated.

Visa Approval and Entry Authorization:

Upon successful completion of the interview, the E2 visa is granted. The visa holder can then enter the U.S. and commence their business operations.

E2 Visa Renewal Process

The E2 visa is initially granted for 2 years. However, it can be renewed indefinitely as long as the investment remains active. During the renewal process, it is essential to prove that the business is still operational and continues to contribute to the U.S. economy.

Conclusion

The E2 visa application process is complex and requires meticulous attention to detail. Errors in the application can lead to delays or denial.

Clinch Law Firm, with its experienced immigration attorneys, can simplify your E2 visa application process. For professional support, detailed information, and consultation services, reach out to us via clinchlaw.com, email us at info@clinchlaw.com, or connect with us on LinkedIn.

J. Asim Clinch
J. Asim Clinch

Attorney J. Asim Clinch, the founder of Clinch Law Firm, completed his undergraduate studies at Marmara University School of Law and then earned his Master's degree at Southern Methodist University Dedman School of Law.

Registered with the Missouri Bar as an immigration attorney, Clinch has focused his entire career on U.S. immigration law and has gained extensive experience, having played an active role in over 1,000 immigration cases.

He possesses broad expertise, particularly in E2 investor visas, EB2 NIW (National Interest Waiver), EB1A extraordinary ability visas, L1A intra-company transfer visas, and marriage-based Green Card applications.

Attorney Clinch offers clients strategic and personalized guidance throughout these complex processes, providing reliable, effective, and results-oriented legal representation from the initial application step to the obtainment of permanent residency in the U.S.