E-2 Treaty Investor Visa - Arvian Immigration Law Firm

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E-2 Treaty Investor Visa

Arvian Law Firm offers expert assistance with E-2 Treaty Investor Visas, facilitating international investments for entrepreneurs. Our comprehensive services include eligibility assessment, document preparation, and interview support, ensuring a smooth application process. Trust Arvian Law Firm to help you successfully establish and grow your business in the U.S.

From Investor to Entrepreneur: Mastering the E-2 Treaty Investor Visa Process

The E-2 Treaty Investor Visa is a valuable option for foreign entrepreneurs looking to invest in and operate businesses in the United States. This visa category not only allows investors to live and work in the U.S. but also brings numerous benefits to their families. 

Understanding the E-2 Treaty Investor Visa

What is the E-2 Visa?

The E-2 Treaty Investor Visa is a non-immigrant visa that allows nationals of countries with which the United States maintains a treaty of commerce and navigation to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business.

Eligibility Criteria

Eligibility criteria for an E-2 Treaty Investor Visa define the specific qualifications and conditions that an applicant must fulfill to be considered eligible. These typically include demonstrating a qualifying investment from a treaty country, proof of substantial investment in a U.S. enterprise, and evidence that the applicant has control over the business and is actively involved in its operations. Meeting these criteria is crucial for a successful E-2 Visa application.

Countries with E-2 Treaties

The E-2 visa is available to nationals of countries that have a qualifying treaty with the United States. These countries include, but are not limited to, Japan, Germany, Canada, and Australia. The existence of these treaties signifies a commitment to promote investment and economic cooperation between the U.S. and these countries.

To qualify for the E-2 Visa, the investor must hold citizenship in a country that has a treaty of commerce and navigation with the United States. This requirement ensures that the applicant has a recognized legal and economic relationship with the U.S., fostering mutual investment and economic cooperation between the treaty countries.

The E-2 Visa requires a substantial investment, meaning it should be significant in relation to the total cost of either purchasing or establishing a business. This investment must be enough to ensure the enterprise’s successful operation, indicating a commitment to the business’s growth and sustainability, thereby benefiting the U.S. economy.

The investor must demonstrate control over the invested funds and that they are at risk, meaning the capital is irrevocably committed to the business and not easily recoverable if the venture fails. This risk factor highlights the investor’s commitment to the enterprise’s success and aligns their interests with those of the U.S. economy.

Application Process

Preparation Phase

Documentation and Evidence Gathering: Applicants must gather extensive documentation to prove the legitimacy and viability of their investment. This includes financial statements, business plans, legal documents, and proof of citizenship.

Business Plan Preparation: A detailed business plan is critical. It should outline the company’s operational strategy, financial projections, market analysis and the investor’s role in the company.

Filing the Application

Forms and Submission: The primary forms required are the DS-160 (Online Nonimmigrant Visa Application) and the DS-156E (Nonimmigrant Treaty Trader/Investor Application). After completing these forms, applicants must schedule a visa interview at a U.S. Embassy or Consulate.

Visa Interview Preparation: Preparing for the visa interview includes thoroughly understanding the business, being able to explain the specifics of the investment, and demonstrating the company’s potential for success.

Post-Application Process

Timelines: The processing time for E-2 visas can vary. It generally takes a few months, but expedited processing is available for an additional fee.

Possible outcomes: Applicants may be approved, asked for additional information, or denied. If denied, applicants may reapply or appeal the decision.

Benefits of the E-2 Visa

Benefits for Investors

Living and working in the U.S.: E-2 visa holders may live and work in the U.S., providing opportunities for personal and professional growth.

Family benefits: Spouses and unmarried children under 21 may accompany the investor to the U.S. Spouses may apply for work authorization and children may attend school.

Business Growth Opportunities

Market Access: Investors can expand their business operations into the large and diverse U.S. market, potentially leading to significant growth and profitability.

Challenges and Considerations

Common Challenges in the Application Process

Investment Scrutiny: U.S. authorities scrutinize the investment to ensure that it is substantial and at risk. Inadequate evidence may result in denial of the application.

Proof of Business Viability: Applicants must convincingly demonstrate that their business will have a significant economic impact, which can be challenging for new ventures.

Maintaining E-2 Status

Renewal Requirements: E-2 visas are generally issued for up to five years, with the possibility of unlimited renewals, provided the business remains operational and the investment is maintained.

Ongoing Business Operations: The investor must continue to develop and manage the business to ensure that it remains a viable and profitable enterprise.

Legal Assistance and How Arvian Law Firm Can Help

Role of Legal Assistance

Importance of Expertise: Navigating the complexities of the E-2 visa process requires expert legal knowledge to avoid common pitfalls and ensure compliance with all requirements.

Services Provided by Arvian Law Firm

Comprehensive Support: Arvian Law Firm offers a range of services including initial eligibility assessment, business plan development, document preparation, and interview coaching.

Client Success Rate: Our firm boasts a high success rate, helping numerous clients achieve their goal of obtaining an E-2 visa and establishing successful businesses in the U.S.

Contact Information

Next Steps: Interested investors can contact Arvian Law Firm for a consultation to discuss their specific case and receive personalized guidance.

Your American Dream Starts Now

Don’t let the complexities of the E-2 Treaty Investor Visa process hold you back from securing the opportunity to invest and operate a successful business in the United States. At Arvian Law Firm, our experienced immigration attorneys are dedicated to guiding you through every step, ensuring a smooth and successful transition.

Take the Next Step Today!

Schedule Your Free Consultation:

Phone: Call us at +1 (213) 839 0095 to speak with a member of our team and explore your options.

Email: Reach out to us at info@arvian.com for more information or to book an appointment.

Online: Fill out our secure online form for a prompt response from one of our immigration specialists.

Your American dream is within reach. Let Arvian Law Firm be your trusted partner on this exciting path to success with the E-2 Treaty Investor Visa.

No, the E-2 Visa is only available to nationals of countries that have an active treaty of commerce and navigation with the United States. The list of these countries can be found on the official U.S. Department of State website.

There is no fixed minimum investment amount, but the investment must be substantial and sufficient to ensure the successful operation of the enterprise. This typically means several hundred thousand dollars, though the exact amount can vary depending on the type of business.

The E-2 Visa is usually issued for up to five years, with the possibility of unlimited renewals, provided that the business remains operational and the investment is sustained.

Yes, spouses and unmarried children under 21 years old can accompany the E-2 visa holder to the United States. Spouses can apply for work authorization, and children can attend school.

The business must be a bona fide enterprise, meaning it is a real, active, and operating commercial or entrepreneurial undertaking that produces services or goods for profit. Both new and existing businesses can qualify.

The E-2 Visa is a non-immigrant visa, but under certain circumstances, it may be possible to adjust status to a permanent resident (Green Card) through other immigration pathways, such as family sponsorship or employment-based petitions.

If the business fails, the E-2 visa status may be revoked since the visa is contingent upon the active investment and operation of the enterprise. In such cases, it is important to consult with an immigration attorney to explore other options for maintaining lawful status in the U.S.


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