Employees of E-2 Treaty Investors 

Qualifications as an Employee of an E-2 Treaty Investor

The following qualifications will apply if you want to obtain a work visa as an employee of an E-2 treaty investor:

• You must be in an executive or supervisory position or have such duties, which make you responsible for a significant part or all of the enterprise’s operation; or
• You must have special qualifications or skills that are proven to be essential to the enterprise’s operation; and
• You must be of the same nationality as your employer, or if the employer is an organization as opposed to an individual, such an organization must be at least 50% owned by persons of that nationality.

The E-2 Visa Process: Step-by-Step Guide

Applying for an E-2 visa can be a complex process, but understanding each step can help ensure that your application is successful. Here’s a breakdown of the process:

• Determine Eligibility
  Before you start, make sure you meet the basic eligibility requirements:
  • You must be employed by an E-2 treaty investor.
  • Your role must either be in an executive or supervisory position or require special skills essential to the enterprise.
• Prepare Required Documents
  Key documents you’ll need to submit include:
  • Proof of the business’s E-2 status.
  • Evidence that you are employed in a qualifying position.
  • Proof of your nationality and the nationality of your employer.
  • Financial records of the business to show that the investment is substantial.
• Complete the DS-160 Form
  The DS-160 form is required for the visa application. It asks for personal and professional details, so take care in providing accurate information.
• Schedule and Attend an Interview
  After submitting your DS-160, you’ll schedule an interview at your U.S. consulate. Be prepared to discuss your role, the business, and your qualifications. Bring all supporting documents to the interview.
• Visa Approval or Denial
  After the interview, your application will be reviewed. If everything is in order, your E-2 visa will be granted. If not, the consulate may request additional information or deny the application.

Differences Between E-2, EB-5, and L-1B Visas

Each visa type has different eligibility requirements and benefits. Here’s a quick comparison:

• E-2 Visa: Designed for employees of a treaty investor with a small to medium-sized business. Requires you to work in a supervisory role or possess essential skills.
• EB-5 Visa: For foreign investors who invest a significant amount of capital in a U.S. business. This visa can lead to permanent residency (Green Card).
• L-1B Visa: For employees of multinational companies who are being transferred to the U.S. in a specialized knowledge role.

Common Mistakes to Avoid When Applying for an E-2 Visa

The E-2 visa application process requires careful attention to detail. Avoid these common mistakes:

• Incomplete Documentation: Missing or incomplete documents can delay your application. Double-check everything before submission.
• Failure to Meet Qualifications: Ensure you meet the specific role requirements, whether executive, supervisory, or specialized skills. If your role doesn’t fit these categories, the application may be rejected.
• Not Proving Business Viability: Be sure to demonstrate that the business is actively operating and that the investment is substantial. Lack of financial documentation can lead to denials.
• Missing Deadlines: Immigration applications often have strict timelines. Missing important deadlines can result in delays or denials.

By following these steps and avoiding common errors, you can improve your chances of successfully obtaining an E-2 visa. Working with an experienced immigration lawyer can also help streamline the process and avoid pitfalls.

Is an E-2 Visa Right for You?

As an employee, an E-2 visa may be right for you if you meet the qualifications set forth above, but it is important to understand that there may be other options. An EB-5 or L-1B visa may be more appropriate, depending on your unique situation. When you undergo a consultation with a Columbus immigration lawyer at The Law Firm of Shihab & Associates, you can trust that we will take the time to talk to you about your goals, your concerns, and every option available to you. We will help you make the right, informed choice, and we can protect your interests in applying for whichever work visa applies.

Frequently Asked Questions (FAQ)

• How long does it take to process an E-2 visa application?
  The processing time for an E-2 visa typically ranges from a few weeks to several months, depending on the consulate or embassy processing your application. It's essential to start the process early to avoid delays.
• Can my family join me on an E-2 visa?
  Yes, your spouse and children under the age of 21 can join you in the U.S. on E-2 dependent visas. Your spouse can also apply for work authorization while in the U.S.
• Can I apply for an E-2 visa if I already have an existing job in the U.S.?
  Yes, you can apply for an E-2 visa even if you are already employed in the U.S., as long as your job meets the qualifications set for E-2 employees, such as being in a managerial or specialized role with a treaty investor.
• What happens if my E-2 visa application is denied?
  If your application is denied, you will receive a notice with the reasons for the denial. You may be able to appeal the decision, provide additional documentation, or reapply, depending on the circumstances.
• Can an E-2 visa holder transition to permanent residency (Green Card)?
  An E-2 visa does not directly lead to a Green Card. However, it may be possible to apply for permanent residency through other pathways, such as the EB-5 investor visa or an employer-sponsored immigrant petition.
• Can I extend my E-2 visa?
  Yes, the E-2 visa is typically issued for up to two years, but you can apply for extensions as long as the business is still operational and you continue to meet the visa requirements.
• Is it possible to apply for an E-2 visa if I am self-employed?
  If you are a treaty investor who owns the business and meet the necessary qualifications, you may be eligible for an E-2 visa. However, self-employed individuals working in a managerial or specialized capacity may also qualify for an E-2 visa under the employee category, depending on the business structure.

Need Help with Your E-2 Visa Application?
Contact us now at (888) 915-5057 and let our experienced Columbus immigration attorneys assist you in securing your work visa.