Writer: Manal Zafar
For investors and business owners wishing to launch a startup company, the E2 visa is a fantastic choice. You can start a business in the USA and work for it if you have an E2 visa. Certain steps must be followed to obtain an E2 visa as the founder of a startup. Individual investors or investment firms from countries with treaties with the US are eligible for the E2 visa.
What is an E2 visa?
The E2 investor visa is a non-immigrant visa for the USA. The E2 visa’s fundamental idea is that it enables an investor to run a US corporation after making a sizeable investment in it. You can enter the country on an E2 visa, open a business or buy one that already exists, and hire employees. You must be a citizen of a nation with whom the United States has an E2 treaty to obtain an E2 visa. You must also invest a significant amount of money in a US business.
What are the E2 visa requirements?
The following are the requirements to be eligible for E2 :
- You must be a citizen of a nation with which the United States has an E2 treaty.
- A sizable investment must be made in a US company.
- The company must be a legitimate, operating business.
- You can’t classify your company as a marginal enterprise.
- You must put your investment money “at risk.”
- Your investment funds must have been acquired legally.
- The E2 company must be managed and developed by you.
- You must intend to leave the country once your E2 status expires.
Consult with an Immigration Consultant
Consult with an immigration consultant as soon as you start the E2 visa application procedure. Your specific circumstance might be examined by an immigration consultant to identify the best course of action. You might discover that there is a far simpler and better way for you to get the immigration benefits you want by speaking with an immigration counselor first.
Setting up your E2 Company
The next stage is to establish your E2 firm once you have spoken with an experienced immigration consultant and decided that an E2 visa is your best option. This step includes the formation of a company and getting an EIN.
Opening a bank account for the E2 Company.
The next step after forming your business is to register a bank account for your E2 firm. To run the E2 business, you will require a business bank account. Additionally, a crucial part of the evidence required for your E2 visa application will be the bank records for your business bank account.
Transfer investment funds into the bank account of the E2 Company
Transferring your investment funds into the business bank account is the next step after setting up the company bank account. You must spend a significant amount of money with a US company to be eligible for an E2 visa. You should try to invest at least $100,000, even though the regulations don’t specify a minimum amount.
Spending the E2 Investment Funds
You should start using the money as soon as it is deposited into the E2 business bank account to pay for inventory, supplies, equipment, marketing, and any other necessary business expenses. Your money must be “at-risk” and “irrevocably committed” to the E2 enterprise to qualify for an E2 visa. You should use the investment money to fulfill this need.
Submitting the E2 Petition (Either Change of Status or Visa Processing)
You are now prepared to submit your E2 petition once your firm has been established and your investment money has been used.
The filling petition can be through two ways;
- Filling out an E2 petition through USCIS
- Processing of Visas at the US Consultant
Filling out an E2 petition through USCIS
Changing from one non-immigrant status to another is referred to as a change of status. You must be legally residing in the United States with a valid non-immigrant status to change your status. A change of status is not permitted for some non-immigrant statuses, including the ESTA. Form I-129 is used to notify USCIS of a change in status.
Form I-129 and all of your supporting documentation will be prepared and filed by your immigration consultant (company documents, bank statements, etc.)The entire procedure is carried out in the US. You are not compelled to visit other countries.
Processing of Visas at the US Consulate
You will need to go through the visa process of applying for a US visa at a US Embassy overseas if you are outside of the US at the time your E2 petition is filed. You must create and submit a Form DS-160 to process a visa. All of your supporting documentation will be organized and delivered by your immigration adviser to the US Embassy in your country of origin. After reviewing your supporting documents, the embassy will arrange a visa interview. The consular official may inquire about your investment, source of funds, etc. during the interview. Then you receive an E2 visa in about a week after completing the visa interview. You can travel in and out of the country with an E2 visa.
To sum up the discussion, the E2 application process requires details like applying for an EIN, setting up your bank account, getting funding, and then getting your E2 status done. However, if you can fulfill all the requirements you will eligible to get E2, Depending on the application filed for E2 you can run a risk of getting rejected for E2.