E2 Visa Pros and Cons: Understand The Truth of E2 Advantages and Disadvantages

Learn more about E2 Visa pros and cons, its advantages and disadvantages before you apply for one. Live and do business in the United States with the right visa.

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The Most Sought After US Investor Visa

Build Your Dream in America

E2 is a nonimmigrant visa for treaty countries’ citizens looking to invest and build a business in the United States. E2 Visa is one of the most popular visas for investors. To learn more about E2 treaty countries and the visa length, you can read it here.

Understand The Success Rate of E2 Visa

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How hard is it to get E2 Visa?

Obtaining an E2 Visa is not a simple process. It requires extensive documentation and thorough preparation. One crucial requirement is the preparation of a comprehensive business plan that adheres to USCIS guidelines. This task can be overwhelming, and without the right information, there is a risk of jeopardizing your E2 Visa approval. It is vital to meticulously follow all the necessary procedures and seek guidance from a consultant to maximize your chances of success. If you are in need of a consultant, feel free to reach out to us at no cost.

At E2VisaFranchises.com, we can help you increase your success rate in getting E2. We have been in the business since 2004 and have helped thousands achieve their American dream. Please consult with our team today.

Now let’s understand the E2 Visa pros and cons.

What is the E2 Visa success rate?

In 2019, the E2 Visa success rate was 89% which is a high number. The rule of thumb is to have the right consultant, a profitable business, complete documents & thorough business plan.

Get The Best E2 Visa Franchise Today.

The E2 Visa Pros and Cons

Understand its pros and cons before applying for one.

E2 Visa ProsE2 Visa Cons
There are a lot of franchises open for E2 Visa, which can help you speed up the E2 application and when starting the businessPurchasing a business takes work. You need to have the connection and do all the required research. It is highly recommended to have a consultant do this for you
No minimum investment is required; however, $100,000 is advisableNot available for nontreaty countries such as India and China (however, you can apply via citizenship either from Grenada or Turkey)
E2 is not permanent. However, you can stay as long as your business is thrivingYou have to renew every 2 years (that means presenting a demonstration of execution on the business plan + future forecast)
You can bring your spouse and children with you under an E2 dependant visaE2 carries significant risk as you need to invest before the E2 approval. However, you can consult with a lawyer to create clauses to mitigate this risk.
Your business needs to continue to grow and hire more employees throughout the years (employs US workers)Your E2 Visa can be revoked as more countries are added to the travel ban list
Your educational background, skill, and experience are important key things being looked at by the immigrationOnce your children reach 21 years old, they are no longer eligible as E2 dependents. A new visa application needs to be submitted
You must directly control the business (at least 50% ownership). The same goes for buying a franchiseE2 is not a passive investment visa
Your children can enjoy free public school, and your spouse can file for work authorizationYou can only work for the business you apply for E2. That means you can't have or manage multiple businesses
You can pay for premium processing that will speed up your application to 15 days and increase the chance of getting E2You need to show and prove the legitimacy of your investment (provide a source of fund tracking)
E2 does not directly translate to a green card, but there is still a way to file for a green card under E2 VisaA home-based business, stocks and real estate businesses do not eligible for E2
Relatively quicker processing time (around 3-6 months) compared to other visa applicationNot all service-based business is eligible for E2, such as consultancy business (make sure to discuss this with your consultant)
No travel restrictions within or outside the United StatesThe E2 process is intensive. You will be required to lease a commercial space for the business, establish the new business by filing articles of incorporation, apply for the applicable business license, etc

By understanding the visa card advantages and disadvantages, you will be more cautious in choosing the next step. Hiring a consultant is recommended as E2 is an intensive process and takes so much time, energy, and effort to apply for. However, the process is worthwhile. One of the other advantages of an E2 holder is no US tax on worldwide income if you are not physically in the USA for more than 122 days per year.

Eligibility Requirements for E2 Visa

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Understanding the Criteria for E2 Visa Eligibility

To obtain an E2 visa, individuals must meet specific eligibility requirements. These requirements serve as the foundation for determining whether an individual qualifies for this investor visa category. Let’s delve into the key factors that contribute to E2 visa eligibility.

  1. Nationality: The applicant must be a citizen of a country that has a valid treaty of commerce and navigation with the United States. Only individuals from treaty countries are eligible to apply for the E2 visa.

  2. Investment: The applicant must intend to invest a substantial amount of capital in a bona fide enterprise in the United States. While there is no specific minimum investment amount required by law, the investment should be substantial enough to ensure the success and viability of the enterprise.

  3. At Risk Investment: The investment must be at risk, meaning there should be a genuine possibility of losing the invested funds. It cannot be a passive investment where the applicant simply seeks to park their money.

  4. Ownership and Control: The applicant must have a controlling interest in the enterprise. This means owning at least 50% of the business or having operational control through a managerial position.

  5. Source of Funds: It is crucial to demonstrate that the invested funds are obtained from a legal and legitimate source. The applicant must provide evidence of the source of funds and demonstrate that the investment capital is not derived from illegal activities.

  6. Substantial Investment: The investment must be substantial in relation to the total cost of purchasing or creating the enterprise. The USCIS considers various factors, such as the nature of the business, the industry standards, and the investment’s potential for job creation.

  7. Business Operations: The enterprise in which the investment is made must be a real and active commercial or entrepreneurial undertaking. It should be engaged in lawful business activities and have the potential to generate income and create job opportunities for U.S. workers.

Meeting these eligibility requirements is crucial for a successful E2 visa application. It is advisable to consult with an experienced immigration attorney or consultant who can guide you through the process and ensure that all requirements are met.

E2 Visa Application Process

Navigating the E2 Visa Application Journey

The E2 visa application process entails a series of steps that demand meticulous attention to detail. From compiling the necessary documentation to meeting specific deadlines, each stage plays a pivotal role in securing the visa. In this section, we will explore the various stages involved in the E2 visa application process.

  1. Research and Preparation: Before starting the application process, it is essential to conduct thorough research and gather all the required information. Understand the requirements, eligibility criteria, and investment options available under the E2 visa category. Consult with professionals, such as immigration attorneys or consultants, who can provide guidance tailored to your specific circumstances.

  2. Form I-129: The first step in the application process is filing Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This form serves as a request to classify the applicant as an E2 nonimmigrant.

  3. Supporting Documentation: Along with Form I-129, applicants must submit a comprehensive set of supporting documentation. This includes proof of nationality, evidence of investment, a business plan, financial statements, lease agreements, and any other documents that demonstrate the legitimacy and viability of the enterprise.

  4. Consular Processing: Once the Form I-129 is approved by the USCIS, the next step is consular processing. This involves scheduling an appointment at the U.S. embassy or consulate in the applicant’s home country. During the consular interview, the applicant will be required to provide additional documentation, undergo biometric data collection, and answer questions related to their investment and business plan.

  5. Visa Issuance: If the consular officer approves the E2 visa application, the applicant’s passport will be stamped with the visa, allowing them to travel to the United States. The visa typically includes the duration of stay and any specific conditions or limitations.

  6. Entry to the United States: Upon arrival in the United States, the applicant must present their visa to the Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will review the visa and accompanying documents, ask questions about the purpose of their visit, and determine whether the applicant can be admitted to the country.

It is important to note that the E2 visa application process may vary slightly depending on the applicant’s country of origin and the specific requirements of the U.S. embassy or consulate. Consulting with immigration professionals can help ensure a smooth and successful application process.

E2 Visa Renewal Process

Ensuring Continuity: Understanding E2 Visa Renewal

While the E2 visa is not permanent, it offers the opportunity to extend your stay in the United States as long as your business continues to thrive. However, it is essential to comprehend the E2 visa renewal process, including the requirements and procedures involved. This section will shed light on the steps necessary to maintain your E2 visa status.

  1. Planning Ahead: Renewing an E2 visa requires careful planning and preparation. It is advisable to start the renewal process well in advance of the visa’s expiration date. This allows sufficient time to gather the required documents and address any potential issues that may arise.

  2. Documentation Review: Similar to the initial application process, E2 visa renewal requires the submission of supporting documentation. This includes updated financial statements, business performance reports, tax returns, and any other documents that demonstrate the continued viability and success of the enterprise.

  3. Business Evaluation: During the renewal process, immigration authorities will assess the business’s performance to ensure it continues to meet the E2 visa requirements. They will examine factors such as revenue, job creation, and overall growth to determine if the enterprise remains a bona fide operation.

  4. Consular Processing or USCIS Application: Depending on the specific circumstances, E2 visa renewal may involve either consular processing or filing an application with the USCIS. Consular processing requires scheduling an appointment at the U.S. embassy or consulate, while USCIS application involves submitting Form I-129 with the USCIS.

  5. Continuous Investment: It is crucial to maintain the level of investment required for the E2 visa throughout the renewal process. This demonstrates the applicant’s commitment to the enterprise and ensures compliance with the visa’s conditions.

  6. Timely Filing: It is vital to file the E2 visa renewal application well before the current visa’s expiration date. Failure to do so may result in a lapse of legal status and potential difficulties in continuing business operations in the United States.

By understanding the E2 visa renewal process and diligently preparing the necessary documentation, individuals can maintain their status and continue their business endeavors in the United States.

E2 Visa Interview

Unveiling the E2 Visa Interview Experience

The E2 visa interview serves as a crucial component of the application process. It provides an opportunity for immigration officials to assess the genuineness of your investment and evaluate your eligibility for the visa. This section will outline what to expect during the E2 visa interview and how to prepare effectively.

  1. Appointment Scheduling: After submitting the required documentation, applicants will receive instructions to schedule an E2 visa interview at the U.S. embassy or consulate in their home country. It is important to schedule the interview well in advance to secure a convenient time slot.

  2. Interview Preparation: Adequate preparation is key to a successful E2 visa interview. Familiarize yourself with the details of your investment, business plan, and supporting documents. Be prepared to explain your business operations, financial projections, and how your enterprise will contribute to the U.S. economy.

  3. Demonstrating Genuine Intent: The consular officer will evaluate the applicant’s genuine intent to invest in the United States. Be prepared to discuss the motivations behind the investment, the long-term goals, and how the investment aligns with your personal and professional objectives.

  4. Business Knowledge and Expertise: During the interview, the consular officer may ask questions to assess the applicant’s knowledge and understanding of the business they plan to establish or operate in the United States. Demonstrating a comprehensive understanding of the industry, market trends, and competitive landscape can strengthen your case.

  5. Financial Capacity: The officer may inquire about the applicant’s financial capacity to invest and sustain the business. Be prepared to discuss the source of investment funds, financial projections, and your ability to generate income and create job opportunities in the United States.

  6. Communication and Confidence: Effective communication and confidence play a significant role in the visa interview process. Clearly articulate your answers, provide concise explanations, and maintain a positive and professional demeanor throughout the interview.

By thoroughly preparing for the E2 visa interview and showcasing your genuine intent, business knowledge, and financial capacity, you can increase your chances of a successful outcome.

Limitations on E2 Visa Duration

Time Limitations and E2 Visa

While the E2 visa offers an avenue for investment and business development in the United States, it is important to be aware of the limitations on its duration. Understanding the time constraints associated with the E2 visa will help you plan your business activities accordingly. In this section, we will explore the duration restrictions and considerations for E2 visa holders.

  1. Initial Visa Validity: The initial E2 visa is typically granted for a period of up to five years. However, the specific duration may vary depending on the reciprocity agreement between the applicant’s home country and the United States. It is crucial to check the visa stamp for the exact validity period.

  2. Continuous Investment and Operations: To maintain the E2 visa status, it is essential to ensure the continuous investment and operation of the enterprise. Immigration authorities expect the business to remain active and meet the ongoing requirements of the E2 visa category.

  3. Visa Renewal: As the initial visa nears expiration, E2 visa holders have the option to apply for visa renewal. Renewals allow individuals to extend their stay in the United States, provided the business remains viable and meets the necessary criteria. The renewal process must be initiated well in advance of the visa’s expiration date.

  4. Exit and Reentry: While there is no specific limit on the number of times an E2 visa holder can exit and reenter the United States, it is important to maintain a genuine and ongoing connection to the enterprise. Frequent or extended absences from the United States may raise concerns regarding the continuous operation of the business.

  5. Business Succession and Change of Status: If the E2 visa holder decides to sell or transfer ownership of the enterprise, it may impact the visa status. In such cases, it is advisable to consult with an immigration attorney to explore options for business succession or a potential change of visa status.

  6. Transition to Permanent Residency: While the E2 visa does not directly lead to permanent residency in the United States, it is possible to explore other pathways, such as the EB-5 immigrant investor program, to obtain a green card. Consulting with an immigration attorney can provide guidance on the available options for transitioning to permanent residency.

By understanding the limitations on the duration of the E2 visa and proactively managing business operations and visa renewals, individuals can make the most of their investment opportunities in the United States.

Securing Permanent Resident as E2 Visa Holder

Filing for Green Card

Once you understand the E2 Visa pros and cons, the next question will be how to change my E-2 Visa to green card. There are two approaches that you can take:

  1. You can file for an immigrant visa via the United States consulate abroad.
  2. You can apply for an adjustment of status from nonimmigrant to an immigrant visa if you are in the United States. Doing this means you don’t need to travel outside the United States.

If you have an E-2 Visa, you will most likely rely on an adjustment of status. It is important to understand that you have a non-immigrant status with your E-2 Visa, so you will need to convert your E-2 Visa to an immigrant visa category. Please ensure to discuss this with your consultant before choosing the approach.

One other tip after getting your E2 visa is to file for the I-94 Form, which can be found on Customs and Border Protection website. Make sure to print this document and bring it to the airport. Once you arrive at the United States airport, the immigration officer will ask you questions regarding your E2 Visa business and later on approve you for a two or five years visa.

This E2 Visa pros and cons guide is created to understand better how E2 Visa works. We hope you can use this to consider your options in choosing the right visa for you and your family. If you need further assistance or have questions, we are happy to help you free of charge. You can chat with us here or email us here.

Green card on top of Visa document

Frequently Asked Questions

The disadvantages of an E2 visa may include:

  • Requires a substantial investment in a U.S. business
  • Does not provide a direct path to permanent residency or citizenship
  • Dependent family members may not be authorized to work in the U.S.
  • Renewal of the visa is required every few years
  • Must maintain active involvement in the business

The benefits of an E2 visa may include:

  • Allows individuals to invest in and manage a business in the U.S.
  • Flexibility to travel in and out of the U.S. freely
  • Ability to bring dependent family members
  • No minimum investment amount specified
  • Does not require a job offer from a U.S. employer

The success rate of an E2 visa application can vary depending on individual circumstances and the quality of the application. However, the overall approval rate is relatively high compared to other visa categories.

While the E2 visa does not directly lead to a green card (permanent residency), it is possible for E2 visa holders to pursue other paths for obtaining a green card, such as through employment-based sponsorship, marriage to a U.S. citizen, or investment in another immigration program.

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