You may be able to get an E-2 visa for the USA if you plan to work in the United States for an American company. This USA visa can be issued in as few as two to four weeks, especially with the assistance of an experienced immigration attorney. Accompanying relatives (spouses and unmarried children under 21 years of age) can easily be issued with these visas.
E-2 visas for the USA have a two-year duration and limitless extensions. As an E-2 visa applicant, consult with your immigration attorney to ensure you meet the following qualifications and present the statements and documents needed for your USA visa:
- Citizen of a country that has a trade treaty with the US (see exhibit “A”), although accompanying relatives may be of other nationalities
- Proof of meeting USA visa requirement: passport
- Coming to work for a US company owned by the applicant or of which at least 50% is owned by his/her compatriots
- Proof of meeting USA visa requirement: documentation of qualifying business owner’s citizenship
- Have made a substantial cash investment in the US business which capitalizes that business
- Proof of meeting USA visa requirement: leases, deeds, or contracts for purchase of business premises; bank wire-transfer memos showing money being sent to the U.S. from abroad; construction contracts and blueprints for building a business premise, comprehensive business plans with financial projections for the next three years; contracts and bills of sale for purchase of capital goods and inventory; accountant’s financial statements for the business, including balance sheets; U.S. employment tax returns showing the payroll of the company
- US business is active (investment in stocks, land speculation, or holdings companies do not qualify)
- Proof of meeting USA visa requirement: bank statements from the qualifying company; letters of credit issued; leases or deed for business premises and warehouse space; tax returns filed in the past two years, including payroll tax returns; articles, promotional literature or advertisement about the business
- Owner or key employee (i.e. executive, supervisor, or one with an essential skill to the enterprise) of the US business
- Proof of meeting USA visa requirement: statements from the sponsoring business explaining specific job descriptions and the nature of the applicant’s essential expertise or knowledge
- Intend to depart from the US when business has been completed
- Any indication of intent to immigrate means the E-2 visa will be denied
Applying for an E-2 Visa to the USA
The application may be sent to the U.S. consulates in the native country of the applicant or filed in the U.S. Filing with the U.S. consulate abroad is recommended for the issues of E-2 visas because U.S. filing only leads to an E-2 status.
The visa application for the USA may be filed in the US or with US consulates in the applicant’s native country. Filing with a US consulate abroad is recommended, because filing in the US leads exclusively to an E-2 visa.
Engaging the services of an immigration attorney will help you fill out these forms quickly and accurately, for the most efficient processing of your USA visa application:
- OF forms for consular filing abroad
- I-129 forms and Supplement E for U.S. filing
- I-539 forms for U.S. filing with accompanying relatives
When filing in the U.S., the original application, and paperwork, and filing fee must be mailed to the INS regional service center nearest to the place of business.
