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What are the Most Common E-2 Visa Questions Asked by Our Clients?

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An E-2 visa is a visa that permits a foreign investor to start or purchase a business in the U.S. with a relatively low investment amount. The investor must be a citizen of one of the 80 Treaty countries and must fulfill a number of other requirements. You can find all of the key E-2 Visa requirements by clicking here. You can see our E-2 Visa Brochure that describes our E-2 Visa services and fees by clicking here.

At Scott Legal, we have worked on over 100 E-2 visas for investors from Canada, Mexico, South America, Korea, Japan, Thailand, Bangladesh, the Caribbean, Iran, Georgia, Australia and several countries in Europe. While our investors come from all over the world, many have similar E-2 visa questions. Here are the top 10 E-2 visa questions and answers that we have received from our clients.

1. How low can my E-2 investment amount be? How much do I have to Invest to get an E-2 Visa?

This is likely the number one E-2 Visa question that we receive and we receive this question daily. To obtain an E-2 visa, the investment must be “substantial” in relation to how much it costs to set up the business. If the total amount required to set up a business is low (eg. a service oriented business such as a consulting company) then you may be able to invest as low as $50,000 to obtain an E-2 visa. We have processed several E-2 visas with an investment amount of around $50,000 ($15,000 spent and $35,000 of working capital) but this is considered a very low investment amount so the application would need other strong factors to balance out the low investment amount. Please also note that past results do not predict future outcomes. If the cost to start a business is high (eg. a car manufacturing plant), then an investor would be required to invest hundreds of thousands of dollars to obtain an E-2 visa.

You should also keep in mind that investment amount requirements vary drastically by Consular posts and some posts would not accept an application with an investment amount of $50K. Some raise the bar to as high as $200,000 for any E-2 visa application.
Click here to see an article that further describes the E-2 investment amount requirement.

2. Can I use a home office for an E-2 visa or do I have to rent office space?

While a lease is not a requirement in the E-2 visa Statute, a commercial lease is a very important part of the E-2 visa and we almost always recommend that the investor obtain a commercial lease for office space. Generally speaking, as a rule a home office could jeopardize an application as a Consular officer may question the seriousness of the business. This is especially the case if the application is border-line or if your investment amount is low. The same rule applies to virtual offices. When selecting your office space, you do not need a closed door office but you should sign a lease where you have a fixed desk with enough space to seat all applicants and/or any employees.

3. What can be included in my E-2 investment amount?

You can include any legitimate business expense in your E-2 investment (even for expenses made outside of the U.S.) but some expenses are clearly better than others. Some standard good expenditures include; legal fees, lease payments (you can only include what you have actually paid and not the payments through the term of the lease), equipment, furniture, website set-up, staff, and inventory. You are also permitted to include a small amount of working capital (money in a business bank account) in the investment amount and usually up to $100,000 is acceptable depending on the nature of the business. You may also include the value of any intellectual property as long as you can objectively assign a value to it. Finally, you may also donate property that you had purchased before you started the business as long as you have receipts and proof of payment. Our firm almost never includes travel and/or meal costs as we believe they are largely ignored by the Consulates (and could look like one is reaching for expenses).

4. Do I have to spend money before the E-2 visa gets approved and what happens if the E-2 visa is not approved?

Yes. The E-2 visa is a visa for investors who are at the final stages of starting a business and who are ready to open the doors. While an E-2 investor takes a risk that the E-2 visa may not be approved, this cannot be avoided as the government will not issue a visa to those merely “thinking” about setting up a business. As such, in order to get the visa you must put funds at risk and spend money before you are approved. You will also be required to transfer funds (working capital) to a U.S. bank account. If you are buying a business or signing a lease, you can include a provision that indicates that you are not obligated under the terms of the agreement if the E-2 visa is not approved. If the E-2 visa is denied we always tell our clients to ask the Consular officer for reasons why the visa was not approved. An E-2 visa denial does not prevent the applicant from applying again at a later time once the issues causing the denial have been addressed.

5. Can my spouse work in the U.S. if I get an E-2 Visa? What about my kids?

Yes. Your spouse can work in the U.S. and is permitted to work anywhere or start his/her own business. Children can remain on an E-2 visa until they reach 21 and can go to school but are not permitted to work. To find out more about spousal E-2 visas, click here.

6. How long will it take for my E-2 visa to be processed?

It depends. Most clients take a couple of months to complete our questionnaire. Timing at a U.S. Consulate depends on the Consulate and the time of year. For example, the Consulate in London can take anywhere from one week to 90 days to review a file and call an applicant for an interview. The Consulate in Toronto has wait times down to around 2 weeks for much of the year. The Consulate in Paris usually takes a couple of months to call an applicant for an interview. Each Consulate has a different process and timing really depends on that process and how busy the Consulate is. Keep in mind that the summer is usually the busiest time for most Consulates. Find out more about timing for E-2 visas by clicking here.

7. How long will an E-2 visa be issued for?

An E-2 visa can be issued for up to 5 years but the actual amount of time that it is issued depends on the discretion of the consular officer that adjudicates your petition and the country reciprocity. Each country has a different maximum amount of time that an E-2 visa can be issued for. For example, an E-2 visa can be issued for 5 years for a U.K. or Canadian national but can only be issued for a maximum of 3 months for a national from Iran or Bangladesh. Where an E-2 visa can be issued for a longer period of time, an investor can increase the chance of being granted the maximum amount of time (eg. 5 years) by putting forth a strong application. Regardless of how long the visa is issued for, each time an E-2 applicant enters the U.S. he/she is granted two years in E-2 status. Find out more about how long an E-2 visa can be granted for by clicking here.

8. Does an E-2 Visa lead to a Green Card?

No. An E-2 visa is not a green card and it does not lead to one. Like any other visa though, if you are eligible for a green card based on one of the categories (eg. marriage or EB-5), you are permitted to apply for the green card. You should keep in mind that an E-2 visa is a non-immigrant visa so if you apply for a green card while on an E-2 visa, you may have difficulty reentering the U.S. on your E-2 visa. That being said, many investors use their existing business to apply for an EB-5 green card once they have the $500,000 or $1,000,000 to reinvest in the business. Find our more about E-2 visa transition to green card by clicking here.

9. Can I buy real-estate and apply for an E-2 visa? Does a real-estate investment qualify for an E-2 visa?

No. The E-2 Visa can be obtained by either purchasing an existing business or creating a new business in the United States and the business must be an “active” business. This excludes passive investments like real-estate or owning stock. If the buying and selling of real-estate is a business then you may qualify but you would have to have a large number of properties that you manage (eg. greater than 30).

10. Do I have to hire U.S. workers right away to obtain an E-2 Visa?

No. You will ultimately have to hire U.S. workers but this is not required in year 1 or year 2 (or even year 3) but rather your ultimate plan has to be to hire U.S. workers over time and prior to your next renewal. Most start-up E-2 visas are approved based on the business plan and we rarely see plans that suggest hiring in year one. For more detail on the business plan, click here.

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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.

30 Comments

  • Emily says:

    Do I have to disclosed my I 130 to apply E2 even the wait time is around 5-6 years.
    Thanks

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • Sassan says:

    Is it possible to acquire an E-2 through an online business? Say for example I plan on selling something exclusively online so I do not have an actual location for business. I would have locations where I produce and where I keep inventory. Would that qualify for a E-2?

  • Otaviano says:

    What can I do if my country doesn’t have a treaty?

  • Agustin Ruggiero says:

    Puede el inversionista para la visa E2 trabajar en su propia empresa…?

  • Mark Henderson says:

    Hello

    How long do you have to reside in the UK before you qualify as a UK resident. I’m currently residing in South Africa and will be moving back to the UK in Jan 2018 and will stay in the UK for about 1 year sorting out some family matters, thereafter I would like to open a business in the USA. Will one year be sufficient. Regards

    • IanScott says:

      Hello, This could be sufficient. The key is really whether you become a resident of the UK and reside there. A year is enough time but you will have to do more..eg. housing, utility bills, etc.

  • Andrea Land says:

    Hi there,

    Is there a correct ‘order’ to apply for an E2 visa? i.e. do you hire a lawyer first, then look for the business or vice versa? I’m in the UK, so is it possible to do an internet consultation rather than by phone?

    Thanks in advance.

  • S Anand says:

    Hi,

    I am an Indian passport holder, Can I apply for E2 visa.

    Thanks in advance

  • Sean says:

    Hi

    I am currently looking at a move to the US under an E2 visa. I have a charge for disorderly behaviour and would like to know if it would affect an application. I have travelled to the US recently under an ESTA and under the guidelines this type of charge didn’t even need to be disclosed. Any advice you have would be greatly appreciated.

    Thanks in advance

    • IanScott says:

      Hello and thank you very much for contacting us. We would need more details on the charge but generally a charge for disorderly conduct would not preclude a visa. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.

      E-2 Visa Brochure

      https://legalservicesincorporated.com/wp-content/uploads/2015/06/E-2BrochureScottLegalServices20151.pdf

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  • Natasha says:

    Hello,
    I’m from Bangladesh & my husband essued E2 visa our business plan should b submitted in USCIS can u tell me how long thay will take time & when thay call for a interview how much time frame should be needed?
    Thanx in advance

  • adamar says:

    hi I’m currently in the united states holding a B1/B2 visa and I’m interested to E-2, Can we apply for the E-2 before exploring to set up the business? I’m planing to buy an existing franchise which is for sale?

    • IanScott says:

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.

      E-2 Visa Brochure

      https://legalservicesincorporated.com/wp-content/uploads/2015/06/E-2BrochureScottLegalServices20151.pdf

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  • Chetan says:

    Hi,

    I am an Indian Citizen, presently working in USA on H1B Visa. I also have Graduate degree from USA. I am going to marry a girl who has E2 Visa and she is a Canadian Citizen. Can I get Derivative E2 Visa and EAD after marriage?

    Thanks for your time!

  • Shumaila says:

    My husband is interested in applying for E2 visa, but he has one more wife and two children from that marriage. Currently, my husband , me and my children are holding B1/B2 visa and he plans to travel with me and my kids. I have a concern whether at any time my husband can sponsor his another wife and kids to US?

    • IanScott says:

      Thank you for contacting us. I am not clear on what your question is. We welcome the opportunity to set up a one hour consultation with a lawyer to answer your legal questions. Please let me know if you would like to set something up. Kind regards,

  • Rebecca Avnieli says:

    Hi – can someone set up a US business, start to consult US clients from their homecountry ( not be physicaly inside the US) – gain an income of say $100,000 in 6 months and use this as their E2 source of investment for the US company without transfering any more money over?

    • IanScott says:

      Thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S..

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and we would be happy to send you a link so that we can set up an appointment.

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  • Taylor Cook says:

    Thanks for this blog!

    A few extra questions:

    We currently use a Michigan based fulfillment company for shipping our stock, does this count in reflecting an investment in the US?

    When discussing hiring US employees – do contractors count? We would require casual staff in a variety of fields

    We project to be a home office for year one but in an office complex moving forward, to your knowledge has this ever been accepted as part of an application?

    Thanks!

    • IanScott says:

      Thank you for contacting us. All of your questions require explanation and we would be happy to do this in a consultation. Please contact us if you would like to set something up. Kind regards,

  • Alba Zuniga says:

    Good afternoon. Can you please help me with this consultation: I want to buy a store en USA and apply for a E2 visa. The store is part of a corporation that has 5 stores. There are no individual tax records for the store, but there are tax records for the corporation. The investment will be more than USD 100.000, and the store has 2 employees that will continue working there. Can this business let me qualify for the E2 visa?
    By the way can you please confirm your fee for this visa?

  • Asad says:

    Can I do a job on ( investor ) E-2 VISA and my wife have a E-1 VISA she wants to do a job. Please tell me about that may be possible or not. I will be appreciate if you are reply on my email address: asadptcl@gmail.com.

    Regards,

    Asad Ullah Khan
    Pakistan

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