Understanding The Difference of E2 Visa Status Vs. E2 Visa

E2 visa status has the same benefits as E2 visa in terms of the rights to invest, work and do business in the US. The difference is the length of the visa validity and travel restriction. With an E2 visa status, you cannot leave the United States. In order to travel outside of the USA, you will need a visa from the consular post. While with an E2 visa, you can freely travel inside and outside the USA. If you are learn more about E2 visa, contact our team here to get a free consultation.

What is the E-2 Visa and Who Qualifies for It?

The E-2 visa is a nonimmigrant visa specifically designed for entrepreneurs from countries that have certain treaties with the United States. This visa allows them to enter and conduct business within the U.S. By investing a noteworthy amount of capital into a bona fide enterprise.

Key Features of the E-2 Visa:

• Eligibility: Applicants must hail from a country that has a qualifying treaty with the United States.
• Investment Requirement: The entrepreneur must invest in a U.S. Business, with the invested capital reflecting the business’s scale and sufficiency for success. There’s no set minimum investment, but it must be enough to ensure the venture is feasible.
• Ownership: The visa holder needs to own at least 50% of the business or have operational control to influence its management and decisions.
• Intent to Return: Candidates must prove their intention to leave the U.S. Once their E-2 visa status ends.
• Flexibility: The E-2 visa can also be used by those entering into franchise agreements, provided all other criteria are met.

Steps to Qualify:

1. Nationality: Confirm you are from a treaty country by checking the list of current U.S. Treaties.
2. Investment Planning: Prepare to invest in a substantial and legitimate U.S. Enterprise, whether by launching a new business or buying into an existing one.
3. Ownership and Control: Ensure you have a definitive ownership stake or significant control over the business operations.
4. Departure Intent: Be prepared to demonstrate your strategy to exit the U.S. Once your business objectives or visa terms are concluded.

The E-2 visa stands out as a gateway for global entrepreneurs seeking to build and operate businesses in the United States, fostering international trade and cooperation.

What are the qualifications needed for an E-2 change of status?

If you’re considering an E-2 change of status, there are specific qualifications you need to meet:

1. Current Status

You must be in the United States under a valid nonimmigrant status that permits changes to another visa category. Certain visas, like the C-1/D for crewmembers, K-1 for fiancé(e)s, and J-1 exchange visitors who must fulfill a two-year home residency requirement, do not qualify. Additionally, the Electronic System for Travel Authorization (ESTA) is not a visa, so transitioning from ESTA to E-2 is not possible.

2. Investment in a U.S. Business

An investment of a substantial amount of capital into a U.S. Business is required. This investment must align with the criteria established for E-2 visas, ensuring that the business is viable and the investment is significant enough to meet set standards.

3. Compliance with Current Visa Conditions

You must adhere to the terms of your existing nonimmigrant status. This includes not overstaying your authorized duration of stay or breaching any of the conditions tied to your current visa.

Meeting these criteria is essential to change to an E-2 status, which allows you to work in the U.S. by investing in and operating a business.

What are the steps involved in applying for an E-2 visa?

Navigating the E-2 visa application process requires attention to detail and organization. Here’s a comprehensive guide on how to proceed:

1. Complete the DS-160 Form

• Start by completing the DS-160 form, the Online Nonimmigrant Visa Application. As part of this process, you’ll also need to pay the required visa fee.

2. Prepare Your Documentation

• Assemble all necessary documents. This includes:
  • Your valid passport.
  • Proof of your nationality.
  • Evidence of your qualifying investment.
  • A solid business plan.
  • Relevant financial statements.

3. Schedule an Embassy or Consulate Interview

• Arrange a meeting at a U.S. Embassy or consulate located either in your own country or the country where you are living.

4. Attend the Interview

• During your interview, present all your documents. A consular officer will review them to assess your eligibility to obtain the E-2 visa.

After Approval

• Visa Issuance and Travel
  • If your application is successful, you’ll receive an E-2 visa stamp in your passport. The validity period of this visa varies, influenced by your country’s reciprocity schedule, and can span anywhere from a few months up to five years.
• Arrival in the United States
  • Upon arrival, show your E-2 visa and passport at the port of entry. An immigration officer will evaluate your documents and decide on your admission for up to two years.
• Extensions of Stay
  • You may apply for extensions in two-year increments, provided you continue to meet all E-2 visa requirements.

How does the processing time for an E-2 visa compare to an E-2 change of status?

When applying for an E-2 visa, it’s essential to understand the processing time, whether you’re applying through a U.S. Consulate abroad or requesting a change of status within the United States.

Factors Influencing Processing Time

The timeline for E-2 visa applications and E-2 change of status requests can vary. Key factors include:

• Workload of Authorities: Delays can happen depending on the caseload at U.S. Consulates or the U.S. Citizenship and Immigration Services (USCIS).
• Case Complexity: More complex cases often need additional time for review.
• Document Availability: Quick access to all necessary paperwork can speed up the process.

Consular Processing vs. Change of Status

Consular Processing:

• Generally, applying through a U.S. Consulate abroad tends to be quicker. Consulates often have efficient systems in place for E-2 visa evaluations.
• They might offer expedited processing options and flexible interview schedules, which can significantly reduce waiting times.

Change of Status:

• Applying for an E-2 change of status with USCIS generally takes longer. This body is known for a more meticulous review process.
• Expedited processing is available, but it comes with a considerable fee and may not always guarantee faster results.

If swift processing is a priority, opting to apply for an E-2 visa through a U.S. Consulate overseas might be advantageous. The process is typically more streamlined compared to seeking an E-2 change of status within the country.

What are the financial requirements for an E-2 visa and an E-2 change of status?

Navigating the financial landscape of obtaining an E-2 visa or an E-2 change of status involves understanding several influential factors. Here’s a detailed look at what you need to consider:

Investment Amount

• Substantial Investment: The foundation of the E-2 visa is a substantial investment in a U.S. business. This investment must be significant enough to support the successful operation of the enterprise. While there is no fixed minimum, typically, the investment should be at least $100,000. However, it can vary depending on the size and type of the business.

Business Viability

• Active and Operating Business: Your investment must go into an active, real, operating business that generates goods or services. Merely holding or parking funds in a bank account for future use does not satisfy this requirement.

Funding Source

• Legitimate Source of Funds: You must demonstrate that the investment funds have been obtained from a legal source. This could involve personal savings, inheritance, or other legitimate channels.

Control of Funds

• At-Risk Investment: The capital you invest must be at risk and committed to the enterprise. This means your investment should carry some level of commercial risk and not just be speculative or idle.

Other Financial Considerations

• Processing Fees: Both options—applying through a U.S. Consulate or USCIS—may include various processing fees. These fees can fluctuate, so it’s wise to check the current rates before you apply.

Factors Influencing Time and Cost

• Consulate vs. USCIS Processing: If you’re applying at a U.S. Consulate abroad, the process may be quicker than applying for a change of status within the U.S. Through USCIS. Consulates often provide more streamlined reviewing processes and might offer expedited options at an additional cost. The USCIS option within the U.S. may also offer premium processing for an extra fee, albeit with a potentially longer adjudication time.

When pursuing an E-2 visa or change of status, understanding the financial requirements is essential for a smooth application process. Thoughtful investment planning meets visa criteria and sets your business up for success in the U.S. market.

What are the key legal distinctions between an E-2 visa and an E-2 change of status?

E-2 visa status is only valid for a two-year stay upon entry and has travel restrictions.

E-2 visa status has the same benefits as an E-2 visa regarding the rights to invest, work, and do business in the U.S. The difference lies in the length of the visa validity and travel restrictions. With an E-2 visa status, you cannot leave the United States. You will need a visa from the consular post to travel outside of the USA. While with an E-2 visa, you can freely travel inside and outside the USA.

To expand on the distinctions, it’s important to note that an E-2 visa is a nonimmigrant visa that allows you to enter and stay in the U.S., specifically as an E-2 investor. In contrast, an E-2 change of status refers to modifying your existing nonimmigrant status (such as B-1, B-2, F-1, etc.) to an E-2 status without the need to leave the U.S.

However, obtaining an E-2 change of status does not equate to having an E-2 visa. This means if you leave the U.S. after securing an E-2 change of status, you must apply for an E-2 visa at a U.S. consulate abroad to re-enter the country. Therefore, an E-2 change of status is only valid while you remain within U.S. borders, underscoring its temporary nature and the travel limitations it imposes.