E2 visa or E2 visa: a real option for moving to the USA

E2 Visa Visados Empresas

What is the E2 visa?

The E2 visa, or E2 business visa as it is called in many Latin American countries, is an extraordinary opportunity with which we can consider the possibility of immigrating to the USA to start a new life, perhaps, full of opportunities.

The official name of this visa is “E2 treaty investor“. Let me explain what this is.

What does “by treaty” mean when we talk about an E2:

“By treaty” means that, in order for you to qualify for such a EEUU visa, your country must be on a long list of countries that have signed a trade cooperation treaty with the United States at some point in time. It is very easy to find the list on Google, but I suggest you leave it for later.

What does “investor” mean when we talk about an E2:

I will now explain what “investor” means when we apply for an E2 visa. It means that one of the e2 visa requirements for your e2 visa application is to make an investment in a business project in the U.S. How much? Well, the great news is that there is no minimum investment required.

So, how much money is needed to obtain an E2 investor visa?

Well, as I said above, there is no minimum investment required by law to apply for an E2 business visa. The investment must be what is necessary for your business project to succeed. Moreover, your business project can be whatever you want, from setting up a service company to buying a franchise. It will be difficult for you to start up a project with an investment of 10,000 euros, but I can tell you that at VISADOS EMPRESAS we have helped a company obtain an E2 visa with an investment of 75,000 euros. And many American firms talk about amounts starting at 150,000 US$.

 

And can I live in the United States with an E2 visa?

Of course it is. That’s the idea. With an E2 visa you can go to the United States with your family. Your wife can work and your children can go to school. A real dream.

If you have any questions about whether you will need an E2 visa for the United States, please do not hesitate to contact the team at VISADOS EMPRESAS. Our US visa specialists will be happy to answer all your questions and provide you with the information you need.

But what is the difference between the E2 visa and the EB5 or EB-5?

Well, the main difference is precisely the level of investment, since the minimum investment for the EB-5 visa is set by law, and depending on the state in which you are going to settle, it can be around 1,000,000 US$.

However, with the EB5 visa you will be directly eligible for the dreamed “green card”. You will become a full-fledged immigrant in the United States for the rest of your life.

But can I apply for a Green Card with an E2 visa?

No, not for starters. With the E2 visa, you will be able to stay in the United States uninterruptedly for long periods of time, in periods of two years at a time, which will allow you to manage your business without any problems. And yes, when you have been in the US for many years, if you decide to stay in the US for good, you can try to obtain a “green card”, probably through an EB-3 or EB3 visa. If you want to know how, do not hesitate to contact us.

So, next question, how to obtain the E2 visa for the United States?

To get the E2 you have to have a real intention to develop a business.

To obtain an E2 visa, the most important thing is that you prove, either to the State Department through any of its embassies or to the USCIS, wherever you are going to file the petition, that you are serious.

You will have to set up a US company . If you are interested, I can give you some basic ideas on this aspect in this article on how to set up a company in the United States.

 

To obtain the E2 you will need to prepare a business plan.

You will have to prepare a business plan that demonstrates that you have an interesting business. If in the end, after all, the business only provides a living for you and your family, you will not get it.

To obtain E2, the company must create jobs in the United States.

When you apply for your E2 visa, it is very important that your company creates jobs in the United States. This aspect is highly valued. That is the ultimate goal. That with your company you help the development of the country.

My advice is to set up the company and start activities as soon as possible (you can do this with a B1) and, after the first few months, apply for E2 business visa. This way you will be able to present invoices for expenses, rental contracts, car leasing and other things that will prove that your business intention is real.

If you want to understand all the technical aspects related to the E2 visa usa, I suggest you read this article: The E2 visa in depth.

If you are considering obtaining an E2 visa for the United States, do not hesitate to contact the Visados Empresas team. We will be happy to guide you through every step of the e2 visa application process.

That is clear. So what are E-2S visas?

As of January 30, 2022, newly issued Forms I-94 for dependent spouses of E2 visa holders, an investor visa, will include a clear notation that the person named on the I-94 is an E2 spouse and not an E2 child. In addition, the class of admission for E2 dependent spouses is changed to E-2S. This new notation on the current I-94 for E2 spouses will eliminate the need to apply for an Employment Authorization Permit (EAD).

What is the EAD?

The EAD, or Employment Authorization Permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that allows foreign nationals to work legally in the United States for a specified period of time. It is required for certain categories of immigrants and non-immigrants who are authorised to work in the United States, but do not have a permanent residence or a specific work visa that allows them to work. The EAD is obtained through the filing of an application with the USCIS and once approved, allows the holder to work legally for the period of time specified in the document. It is important to consult the most up-to-date information and obtain appropriate legal advice before applying for an EAD or other immigration document in the United States.

Working in the US on an E-2S

The implementation of this regulation means that spouses of E2 visa holders, which is an investor visa that allows foreign nationals to invest and work in the US, will have a clearer way to identify themselves as spouses on their I-94, which will avoid confusion with the E2 child classification. This new classification, E-2S, will likely have a specific connotation to identify dependent spouses of E2 visa usa holders.

This new notation on the I-94 will allow E2 visa spouses to work legally in the United States without having to apply for an Employment Authorisation Document (EAD). EADs are documents that allow foreign nationals to work in the United States temporarily, but there is an additional process and cost involved in obtaining them. By not requiring an EAD, E2 spouses will be able to work more easily and take advantage of employment opportunities in the United States without having to wait for approval of an EAD.

In summary, the idea put forward means that as of January 30, 2022, dependent spouses of E2 visa holders will have a new notation on their I-94 that clearly identifies them as E2 spouses, allowing them to work legally in the United States without needing to apply for an EAD, which will simplify the process and facilitate their ability to take advantage of employment opportunities in the country.

If you need more information about any immigration procedure, which visa is right for you or what may be your best option, at Visados Empresas we will be happy to help you with the process.

If you have any further questions about visas, please do not hesitate to contact us on our telephone number 91 847 87 30 or by email at contacto@visadosempresas.com.