barrons nysba super lawyers

Contact Info

40 Worth Street, Floor 10, New York, NY, 10013

Phone: 212-223-2964

Web: Scott Legal, P.C.

E-2 Visa Questions – The Most Common – Series 2

E-2 Visa Questions – The Most Common – Series 2

As described in our Series 1 Post of Common Question (Click Here) an E-2 is a visa that allows investors and entrepreneurs to invest in or start a business in the U.S.  The investment must be large enough to get the business up and running and the business must ultimately hire U.S. workers.

You can find the full set of E-2 visa requirements by clicking here.

Our next 10 top E-2 visa questions (or groups of questions) and answers (Series 2) are listed below: (Click Here to see Series 1 Questions)

  1. Can my family get an E-2 visa? Can my family come with me on an E-2 visa? Can my family work? Can my spouse work on an E-2 visa? Does a Spouse require work authorization on an E-2 visa?

Yes. A spouse and children under 21 can get an E-2 visa.  A spouse can also get work authorization and both spouse and children can go to school.  Children are not eligible to work on an E-2 visa.  You can find out more about the requirement for a spouse to get work authorization by clicking here.

  1. Is an E-2 visa guaranteed? Can your firm guarantee an E-2 visa?

No and No. No law firm or lawyer can guarantee success.  Visas are discretionary and eligibility depends on the facts and circumstances.

  1. Does an E-2 visa require investment of $1,000,000? Is an E-2 visa the same as an EB-5 Visa? Do I have to hire 10 workers?

No, No & No. An EB-5 green card is another type of investor visa that requires the investment of $500,000 or $1,000,000 depending on where the business is. The EB-5 also requires the creation of 10 full-time jobs.  An E-2 visa does not have a specific dollar amount of investment or a specific number of employees that must be hired.  You can find out more about the EB-5 visa by clicking here. You can find out more about the different types of investor visas by clicking here.

  1. Do I have to invest before getting an E-2 visa? How far along does the business have to be before I apply for an E-2 visa?

You must invest and spend money prior to applying for an E-2 visa. Your business should either be up and running or just about up and running.  One applicant that processed an E-2 visa with us was asked at her interview what the examiner would see if he were to go to the business. She explained that the lease was signed, the equipment was in place and employees were hired. She indicated that they were just waiting for her to get the visa.  This is the answer he wanted to hear and he granted her the visa for 5 years.  You can find out more about the required steps an investor must take prior to applying for an E-2 visa by clicking here.

  1. Can I purchase a business or do I have to start a business? What type of business should I start?  Is a Franchise the best type of E-2 visa?  Is starting a business riskier than buying a business?

You can either start your own business or purchase a business.  There are pros and cons to each but the approvability will always go back to investment amount and hiring U.S. workers.  You can find out more about whether to buy or start a business by clicking here.  You can find out more about E-2 visas for franchises by clicking here.

  1. I am eligible for an E-2 visa and an L-1 visa, which one should I get? Should I apply for an E-2 Visa or an L-1 Visa? What are the differences between an E-2 and an L-1 Visa?

Both and E-2 and an L-1 are investor visas that are good for starting or buying a business in the U.S. The decision really depends on the facts and circumstances of the applicant.  A full discussion of what to consider when deciding between and E-2 Visa and an L-1 Visa  can be reviewed by clicking here.

  1. Is an E-2 visa the only type of investor visa? What other investor visas exist? How can I start a Business in the U.S.?

There are many types of investor visas.  Some examples include: EB-5, E-2, L-1, H-1B, EB-2 (NIW).  You can find out more about the different types of investor visas by clicking here.

  1. Do I have to maintain property in my home country if I get an E-2 visa? What is dual intent? What is single intent? Can I apply for an E-2 with a green card petition outstanding?

An E-2 visa does not require the maintenance of a property in your home country.  While an outstanding green card petition can impact your E-2 visa, it may not. You can find out more about the intent requirement and the requirement to maintain ties to your home country by clicking here.

  1. What is the E-2 visa approval rate? How successful is the firm at processing E-2 visas? What is the overall E-2 visa success rate?

Our firm approval rate is approximately 98% but past results do not predict future outcome.  You can see our approvals by clicking here.   We have read that the overall E-2 visa success rate is around 80% when you take in to account reapplications.

  1. Can I reapply if my E-2 petition is denied?

Yes.  We recently processed an E-2 visa for an applicant that applied 4 times without counsel. We reviewed his case and suggested a number of recommendations to make his case E-2 compliant. We filed the case at the U.S. Consulate in Toronto and the applicant was approved.  Click here to find out more on steps to take if your E-2 case is denied.

To find out more about the new rules or other investor visas, contact Scott Legal, P.C.

book-your-consultation-buttonContact us at 212-223-2964 or by email at info@legalservicesincorporated.com.


This website and blog constitutes attorney advertising.  Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed.  Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results.  Each case is different and must be judged on its own merits.

August 20th, 2017|0 Comments

Leave A Comment