E-2 Visa Lawyer Fee: Understanding Costs And Benefits Of Hiring An Experienced Attorney
Discover the E-2 visa lawyer fee and the importance of experienced legal representation. Learn how skilled attorneys maximize your approval chances and navigate the complex application process with ease.
Table of Content
Understanding The E-2 Visa Lawyer Fee
How much does it cost to hire an E-2 visa lawyer?
If you’re applying for an E-2 visa, understanding the associated legal E-2 visa lawyer fee and the significance of hiring an experienced E-2 visa lawyer is paramount. The E-2 visa presents a golden opportunity for entrepreneurs looking to invest in the United States.
However, the path to securing an E-2 visa can be complex. Consulting a skilled U.S. immigration lawyer is not just a wise move but an essential step to kickstart your journey and ensure a smooth and successful application process.
When hiring an E-2 visa lawyer, the cost can vary based on several factors. These factors include the type of business you own, the number of skilled and unskilled workers on your staff, any special skills required, and the complexity of your case. The lawyer’s level of experience and location also play a role in determining the E-2 visa lawyer fee.
E-2 visa lawyer fee typically ranges from $2,500 to $4,500 for the E-2 visa application, supporting package, and interview preparation. For E-2 visa renewals, the E-2 visa lawyer fee usually range from $3,000 to $4,000.
During the initial consultation, law offices discuss their pay scale and structure, allowing you to establish a solid attorney-client relationship with a reputable firm for long-term immigration services.
Why is hiring a lawyer worth the investment?
Benefits Of Hiring An Experienced E-2 Visa Lawyer
Here are the benefits of working with a skilled attorney:
Expertise and knowledge: E-2 visa lawyers possess in-depth knowledge of the complex legal requirements and procedures involved in the application process. They stay updated on the latest immigration regulations, ensuring your application meets current standards.
Case strategy and preparation: Skilled lawyers develop tailored case strategies based on your unique circumstances. They guide you through the application process, advising you on the required documentation and ensuring your case is presented in the best possible light.
Minimizing errors and delays: The E-2 visa application process is complex; even a minor error or omission can lead to delays or rejection. Lawyers with experience in E-2 visa applications can minimize the risk of mistakes.
Maximizing approval chances: An experienced lawyer can help maximize your chances of E-2 visa approval by presenting a well-organized, comprehensive application that demonstrates your eligibility and showcases the positive impact of your investment.
Legal representation and communication: Throughout the application process, an E-2 visa lawyer provides essential legal representation, acting as your advocate with immigration authorities. They can effectively communicate on your behalf, addressing inquiries or requests for additional information and guaranteeing your interests are protected.
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The Risks Of Hiring The Wrong Lawyer
Why should you choose the right legal representation in your E-2 visa application?
While hiring a skilled E-2 visa lawyer can be immensely beneficial, it is crucial to be cautious and choose the right legal representation. The risks associated with selecting the wrong lawyer include:
Inadequate expertise: Inexperienced or unqualified lawyers may lack the necessary expertise and knowledge of the E-2 visa process, potentially jeopardizing your chances of success.
Delays and mistakes: Inefficient lawyers may cause unnecessary delays or make mistakes during the application process, leading to rejection or additional expenses to rectify errors.
Communication issues: Poor communication with your lawyer can result in misunderstandings and a lack of transparency throughout the process, leaving you feeling frustrated and uncertain about your case’s progress.
Things To Remember When Hiring An E-2 Visa Lawyer
When hiring an E-2 visa lawyer, consider the following:
Assess their track record: Research the lawyer’s track record and success rate with E-2 visa cases. Look for testimonials, reviews, or success stories highlighting their effectiveness in navigating the E-2 visa process.
Opt for a lawyer who charges a flat fee: Working with an immigration lawyer who offers a flat fee structure ensures transparency and clarity in terms of your immigration legal fees. This way, you know the exact E-2 visa lawyer fee from the beginning, avoiding unexpected charges based on hourly rates.
Prioritize experience over the lowest price: While a low E-2 visa lawyer fee may be enticing, it’s crucial to prioritize the lawyer’s experience handling E-2 cases. The E-2 visa has specific requirements that must be carefully followed. An experienced lawyer can properly prepare and present your case, significantly increasing your chances of approval.
Other Expenses To Consider
Necessary Fees Throughout The E-2 visa Application Process
In addition to the E-2 visa lawyer fee, there are several other expenses to consider when applying for an E-2 visa. These costs may include:
E-2 visa application fee: This is the fee required by the USCIS for submitting your E-2 visa application.
Translation fees: If your application documents are not in English, you may need to pay for translation services.
Certificate fees: Certain documents may require certification from government agencies or professional organizations, which may involve additional fees.
Business entity formation: Establishing a legal business entity, such as an LLC or corporation, require fees for registration and filing.
Business plan: Developing a comprehensive business plan that demonstrates the viability of your E-2 business involves costs, such as hiring a professional business plan writer or consultant.
E-2 business investment: To qualify for the E-2 visa, you must make a substantial investment in the U.S. business you plan to operate.
Other administrative costs: There may be additional administrative costs, such as photocopying, postage, and other miscellaneous expenses.
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What are the fees associated with applying for an E-2 visa at a U.S. embassy or consulate?
Fee Type | Amount | Required For |
Non-immigrant Visa Application Fee (Machine-Readable Visa fee) | $315 | All E-2 principal applicants and dependents |
Visa Issuance Reciprocity Fee | Varies | Nationals of certain countries only. Applied after the visa is approved |
DS-160 Online Application | Included | Required for all E-2 applicants; no separate charge beyond the visa application fee |
DS-156E Supplemental Form | Included | Required for E-2 principal investors; no separate charge |
What Each Fee Means
Non-immigrant Visa Application Fee ($315)
- This is the main application fee for the E visa categories. It increased from $205 to $315 on June 17, 2023, as per the Department of State. It applies to every applicant, including spouses and children.
Visa Issuance Reciprocity Fee
- This is a secondary fee that applies only to nationals of certain countries. It is based on what that country charges U.S. citizens for similar visas. You only pay this fee after your E-2 visa is approved. You can check your country’s status in the Visa Reciprocity Table.
Form DS-160
- This is the online non-immigrant visa application form. Every applicant must complete it. There is no separate charge for this form beyond the standard $315 application fee.
Form DS-156E
- This form is specific to E visa categories. It provides detailed information about the U.S. business and the investment. Only the principal investor must complete this form. There is no fee for it.
What Is the Premium Processing Fee for an E-2 Visa and What Does It Entail?
If you are applying for E-2 status from inside the United States, you can request premium processing through the U.S. Citizenship and Immigration Services (USCIS).
Fee
The premium processing fee is $2,805. You pay this by submitting Form I-907 along with your E-2 petition (Form I-129).
Premium processing means USCIS will take action on your petition within 15 business days.
Action means:
- Approval
- Denial
- Request for more evidence (RFE)
- Notice of Intent to Deny (NOID)
If the USCIS asks for more information, the countdown pauses and restarts after you respond.
Who Can Use It
Only applicants filing from inside the U.S. can use premium processing. It is not available if you’re applying through a U.S. consulate abroad.
What are the filing fees for a Change of Status through the USCIS for Form I-129 and Form I-539?
When applying for a change of status within the United States, the cost depends on the type of visa and forms involved. Below is a breakdown of current U.S. Citizenship and Immigration Services (USCIS) filing fees for the most commonly used forms: Form I-129 for employment-based petitions and Form I-539 for dependents or individual applicants.
Form I-129 – Petition for a Non-immigrant Worker
Purpose: Filed by an employer to request a change of status to a work-based visa (E-2, H-1B, L-1, O-1, TN)
Base Filing Fee (as of April 2024):
- E-2: $1,015
- H-1B: $780
- L-1: $1,385
- O-1: $1,055
- TN: $1,015
Asylum Program Fee:
- $600 for most petitioners
- $300 for small employers (25 or fewer full-time employees)
- $0 for qualifying nonprofits
Other Required Fees (case-dependent):
- $500 Fraud Prevention and Detection Fee (H-1B, L-1)
- $4,000 (H-1B) or $4,500 (L-1) under Public Law 114-113 for certain large employers
These fees apply per petition and must be paid with separate checks.
Form I-539 – Application to Extend/Change Non-immigrant Status
Purpose: Used by dependents (such as E-2 spouses or children), or individuals changing status outside employment-based categories
Filing Fee:
- $470 if filing by mail
- $420 if filing online
- Biometric Services Fee: $0 — this requirement was removed for most applicants starting April 1, 2024
Each dependent may need to be included or listed in the same filing.
What are the main E-2 visa fees necessary throughout the E-2 visa process?
E-2 Visa Fees: Inside vs. Outside the United States
1. Applying from Inside the U.S. (Change of Status to E-2 Classification)
Applicants already present in the U.S. under a valid non-immigrant status may request a change of status to E-2 classification through U.S. Citizenship and Immigration Services (USCIS). The following fees apply:
Form I-129 Filing Fee: $1,015
- Required for the Petition for a Non-immigrant Worker to request E-2 classification.
Asylum Program Fee: $600
- Applies to most petitioners. Nonprofit organizations are exempt. Small employers with 25 or fewer full-time equivalent employees may qualify for a reduced fee of $300.
Premium Processing Fee (Optional): $2,805
- For expedited processing within 15 calendar days. Requires submission of Form I-907.
2. Applying from Outside the U.S. (E-2 Visa Application)
Applicants residing abroad must apply for the E-2 visa at a U.S. embassy or consulate. The visa application process involves the following fees:
Form DS-160 Application Fee: $315
- This is the standard processing fee for treaty investor visa applications.
Visa Issuance Fee (Reciprocity Fee): Varies
- Some countries require payment of an additional reciprocity fee after visa approval. The amount and applicability depend on the applicant’s nationality. This fee is separate from the DS-160 fee and must be confirmed with the specific U.S. consulate handling the case.
Additional Considerations
- Business Plan Preparation: While not a government fee, preparing a comprehensive business plan is often necessary and may incur additional costs.
- Legal and Professional Services: Engaging attorneys or consultants for assistance with the application process may involve separate fees.
- Translations and Document Certification: If applicable, translating and certifying documents can lead to extra expenses.
For the most current fee information and potential exemptions, applicants should consult the official USCIS Fee Schedule and the U.S. Department of State Fee Chart.
Why is a business plan necessary for an E-2 visa application, and how does the fee vary?
The business plan is the document that speaks for you when you’re not in the room. It explains what you’re building, how you’re funding it, and why it’s structured to succeed. Officers rely on it to understand your investment and decide whether it meets the requirements. A strong business plan sets the tone. When it’s clear and well put together, it makes the rest of the application easier to review and easier to approve.
Why It’s Required
The business plan is a core piece of evidence in every E-2 case. The U.S. Citizenship and Immigration Services (USCIS) and U.S. consulates expect to see it. They use it to assess whether the business is real, whether the investment is active and substantial, and whether the investor is directing or developing the business.
It also helps demonstrate that the business isn’t marginal. Officers need to see that it can support more than just the investor. That means projected revenue, job creation, and a plan for growth.
What the Plan Should Include
At a minimum, a business plan for an E-2 application should include:
- A breakdown of how the investment funds are being used
- Five-year financial projections
- Hiring plans and projected payroll
- Market overview and growth strategy
- Business structure and daily operations
- The investor’s role and level of control
Everything in the plan should be specific and based on facts. Immigration officers are trained to look for vague claims, recycled templates, and unrealistic numbers. A generic plan often does more harm than good.
How the Fee Varies
Costs can vary depending on the complexity of the business, the level of detail required, and whether prior documentation exists. Plans for new startups, online businesses, or franchises often require additional time and research. So do cases involving multiple investors or international operations.
What matters most is whether the plan is built for this process. A professionally prepared E-2 business plan is designed to meet immigration standards. It presents your business in a way that makes sense to the officer reviewing your case and helps avoid delays, request for evidence (RFEs), or denials tied to weak documentation.
What is the E-2 visa application fee or USCIS filing fee?
The E-2 visa process involves two different application tracks, and the required government fees depend on which one applies to you: applying for an E-2 visa from outside the United States, or applying for E-2 classification (change of status) from within the U.S. through the U.S. Citizenship and Immigration Services (USCIS).
1. E-2 Visa Application Fee (Applying Outside the U.S.)
If you are applying for the E-2 visa at a U.S. embassy or consulate abroad, the primary government fee is:
Form DS-160 Visa Application Fee: $315
- This is the standard non-immigrant visa processing fee for treaty investor applicants.
Depending on your nationality, an additional reciprocity fee (also called a visa issuance fee) may be charged after approval. This fee varies by country and should be confirmed with the specific consulate.
2. E-2 Classification Filing Fee (Applying Inside the U.S.)
If you are already in the United States and applying for E-2 classification through USCIS, the following filing fees apply:
Form I-129 Filing Fee: $1,015
- This fee covers the petition for a non-immigrant worker, including the E-2 classification request.
Asylum Program Fee: $600
- Required for most filers unless exempt. Small employers (25 or fewer employees) may qualify for a reduced fee. Nonprofits are exempt.
Premium Processing (Optional): $2,805
- If faster review is needed, USCIS offers premium processing, which guarantees an initial response in 15 business days. This requires submitting Form I-907 with the premium fee.
What is involved in the business entity formation process for an E-2 visa?
Forming a U.S. business entity is one of the first and most important steps in the E-2 visa process. It creates the legal structure for your investment and confirms that the business is active, properly set up, and prepared to operate under U.S. law.
Each step needs to be done carefully to support key E-2 requirements: that the business is real, the investor has control, and the investment is substantial and at risk. Below is a breakdown of what that process typically involves.
1. Select a Business Structure
Several types of business entities are recognized in the U.S., each with different rules on ownership, liability, and taxation. Based on the U.S. Citizenship and Immigration Services (USCIS) guide to business structures, the most common choices for E-2 visa applicants include:
- Limited Liability Company (LLC): Offers flexibility in management and pass-through tax treatment.
- Corporation (C-Corp or S-Corp): Suitable for larger businesses that want a more formal structure.
- Partnership: Less commonly used, but allowed if the investor can show at least 50% control.
To qualify for E-2 classification, the investor must own at least 50 percent of the U.S. business or show that they have operational control.
2. Register the Business in a U.S. State
After choosing a structure:
- Select the state where the business will operate and file the necessary formation documents with that state’s Secretary of State.
- For an LLC, file Articles of Organization. For a corporation, file Articles of Incorporation.
- Appoint a registered agent with a physical address in that state.
- Apply for an Employer Identification Number (EIN) through the Internal Revenue Service (IRS).
Completing these steps establishes the business as a legally recognized U.S. entity.
3. Open a U.S. Business Bank Account
Once the business is formed and you have an EIN, you can open a bank account in the company’s name. This account should be used exclusively for business activity. It’s also where you’ll place your investment funds. USCIS and consular officers will look for clear records showing how funds were moved into and out of this account.
4. Fund the Business
The E-2 visa requires a meaningful investment that is already committed to the business. Simply transferring money to a bank account won’t be enough. The funds must be used for actual business expenses, such as equipment, commercial leases, inventory, legal services, or payroll. The investment must be at risk, which means it’s actively supporting a business that is either operating or ready to start.
5. Maintain Documentation
It’s important to keep detailed records of the entire formation process and all financial activity. This includes:
- Articles of Organization or Incorporation
- Operating agreements or bylaws
- Bank statements and proof of fund transfers
- Invoices, contracts, leases, and other receipts
- Documentation of how funds were used to launch or run the business
This evidence will be part of your E-2 visa petition and will help establish that the business is legitimate and properly funded.
What resources are available for more information about the E-2 visa process?
If you’re looking to better understand the E-2 visa process, the following official websites offer reliable, current information. Each serves a different purpose in helping applicants, employers, and legal professionals navigate E-2 requirements and procedures.
1. U.S. Citizenship and Immigration Services (USCIS) – E-2 Treaty Investors (uscis.gov/e-2-treaty-investors)
What it covers:
- Eligibility criteria for E-2 classification
- Filing procedures for Form I-129
- Required documentation
- Fee details, processing times, and extension guidelines
Why it’s useful:
This is the main source for those applying from inside the U.S. through a change of status. It explains how to request E-2 classification and maintain valid E-2 status while in the U.S.
2. U.S. Department of State – Treaty Trader and Investor Visas (travel.state.gov/e-visas)
What it covers:
- E-2 visa eligibility and requirements
- Visa application steps (Forms DS-160 and DS-156E)
- Interview process and required documentation
- List of treaty countries
Why it’s useful:
This is the key resource for applicants applying for an E-2 visa outside the U.S. through a U.S. embassy or consulate.
3. U.S. Department of State – Treaty Countries List ( travel.state.gov/treaty-countries)
What it covers:
- Up-to-date list of countries with treaties that qualify for E-2 status
- Visa validity periods by country
Why it’s useful:
Applicants must be nationals of a treaty country. This list helps confirm eligibility based on nationality.
4. USCIS Form I-129 Page (uscis.gov/i-129)
What it covers:
- Downloadable Form I-129 and instructions
- Filing addresses
- Fee amounts and updates
Why it’s useful:
For applicants inside the U.S., this is the form used to apply for or extend E-2 classification.
5. USCIS Processing Times Tool (uscis.gov/processing-times)
What it covers:
- Estimated timeframes for Form I-129 E-2 petitions at various USCIS service centers
Why it’s useful:
Helps set realistic expectations for how long a change of status to E-2 may take once submitted.
What constitutes a substantial investment in an E-2 business and how is it different from a fee?
The E-2 Treaty Investor visa requires that the applicant make a substantial investment in a U.S. business. The term substantial does not come with a fixed dollar amount. Instead, the U.S. government evaluates it using several factual criteria defined by the U.S. Citizenship and Immigration Services (USCIS) and the Department of State.
Here’s what a substantial investment is, and how it is not the same as paying fees.
What Makes an Investment Substantial?
1. Proportional to the Business
The investment must match the size and cost of the business. If the business can be started for $100,000, a $90,000 investment might be acceptable. If the business costs $300,000, the required investment would be evaluated relative to that amount. The lower the total cost, the higher the expected percentage of investment.
2. Sufficient to Operate the Business
The investment must be large enough for the business to begin full operations. It cannot just cover planning or early setup. It should include all startup or purchase costs needed to run the business.
3. At Risk and Committed
The capital must be placed at risk for the purpose of generating a profit. That means the money must already be spent or legally committed. Funds sitting in a personal account or marked as available do not count. If there is no chance of losing the money, it is not considered a true investment.
4. Coming From a Lawful Source
You must document where the funds came from and show that they were obtained legally. This requirement is non-negotiable.
How Is That Different From a Fee?
A fee is money spent on services, processing, or administrative tasks that support the visa process but do not go into the business. These include:
- Filing fees paid to the U.S. government
- Attorney or consultant fees
- Visa service providers
- Business plan writers or advisors
The USCIS does not count fees as part of the investment. They are personal expenses, not funds used to grow or operate the business.