E-2 FAQ

A Treaty must exist between the US and the country of nationality of the applicant; the applicant must have invested or is actively in the process of investing in a US business or enterprise; the investment amount is substantial; and the applicant is qualified to develop and direct the US business.

E-visa company registration indicates that a U.S. Consular Officer has previously determined that a company has met E-visa standards on a prior application. Therefore, if the treaty enterprise seeks to send additional employees to the U.S. on an E-visa, those employees may apply under a more streamlined procedure which requires less documentation.

The regulations do not specify an amount, but each application is assessed based on the industry and scope of the perspective US business.

The regulations require the funds be “irrevocably committed” which means that the funds are already at risk. This means that the funds have already been invested in the US business in the form of capital expenditures.

The E-2 visa is issued in 5 year increments and can be extended indefinitely as long as the applicant and US employer continue to meet E-2 requirements.

Yes, your E-2 spouse can work immediately upon entry into the US. Furthermore, unlike the primary E-2 visa holder, spouses have no employment restrictions and can work for any US employer or even start their own business.

Each US Consulate has its own procedure when it comes to the required documents. However, the general guidelines indicate that the application must include corporate documentation, evidence of substantial investment, source of funds, and a business plan.

The Consular Officer will likely ask questions regarding the US business plan and how the applicant is qualified to direct the US business based on his/her professional experience.