Who Can Apply for an E2 Investor Visa? Requirements and Eligibility Criteria

By Asim Kilinc, Immigration Attorney at CK Law Firm

In this week’s blog, where I provide information on various visa types, we will be focusing on the E2 Investor Visa—one of the most frequently inquired visas by my clients. In this article, I will try to answer the most common questions asked by the hundreds of clients I have consulted with and the dozens of cases I have prepared regarding the E2 Investor Visa. By the end of this article, you will have answers to the following questions:

• What is an E2 Investor Visa?
• Who Can Apply for an E2 Investor Visa?
• What Are the Requirements to Apply for an E2 Investor Visa?
• How to Apply for an E2 Investor Visa?
• What Can You Expect After Applying for an E2 Investor Visa?

If you have additional questions about the E2 Investor Visa that are not covered in this article, feel free to reach out to me through the comment section below this article, by messaging me directly on LinkedIn, or through the website of CK Law Firm, where I am a co-founder.

What is an E2 Investor Visa?

The E2 Investor Visa is a type of visa that allows individuals who are nationals of certain countries to invest a significant amount of capital in a U.S. business, either by starting a new business or taking over an existing one. This visa allows the investor to reside in the United States and manage their business.

The E2 visa permits the investor and their family members (spouse and children under 21) to live in the United States. However, it is not an immigrant visa, which means it does not directly lead to a Green Card. The duration of the visa can be extended based on the continuity of the investment and the success of the business.

Who Can Apply for an E2 Investor Visa?

Individuals who are nationals of a country that has an E2 visa agreement with the United States and have made a substantial investment in a U.S. business can apply for an E2 Investor Visa. The investor must play an active role in managing the business, and the investment must involve a commercial risk. Additionally, the investment is expected to contribute to the U.S. economy. The source of the investment must be legal, and the business must be actively operational.

What Are the Requirements to Apply for an E2 Investor Visa?

To apply for an E2 Investor Visa, certain conditions must be met. These requirements determine whether the investor and the investment comply with U.S. legal standards:

Requirement 1: Be a National of an E2 Treaty Country

• The applicant must be a national of a country that has an E2 visa agreement with the United States. Countries such as Turkey, Spain, and Russia are included in this agreement.

Requirement 2: Substantial Capital Investment

• The applicant must make a substantial capital investment in a business that will be established or taken over in the U.S. The amount of the investment should be sufficient to ensure the business’s successful operation and sustainability.

Requirement 3: Investment Must Involve Risk

• The investment made by the investor must involve a risk, and the return on the investment should not be guaranteed. In other words, the invested capital must be subject to commercial risk, and the investor must be willing to lose their money if the business fails.

Requirement 4: Active Business Operation

• The business in which the investment is made must be active. Passive investments, real estate investments, or simply holding capital in a bank are not suitable for this type of visa. The business must engage in commercial activities aimed at making a profit.

Requirement 5: Investor Must Manage the Business

• The investor must actively participate in the daily operations of the business. The investor must hold a managerial or specialized position within the business.

Requirement 6: Contribution to the U.S. Economy

• The investor is expected to contribute to the U.S. economy. This is usually achieved by employing American citizens or individuals with legal work permits. The business should create job opportunities not just for the investor and their family but also for the broader community.

Requirement 7: Legal Source of Investment

• The investor must prove that the source of their investment is legal. The funds must have been obtained through legal means and supported by proper documentation.

Requirement 8: Potential for Return on Investment

• The investment made by the investor must have the potential to generate profit. The business must be sustainable and capable of generating profit in the long term.

Requirement 9: Temporary Intent

• The E2 visa is not an immigrant visa; therefore, the applicant must demonstrate their intent to stay in the U.S. temporarily.

Investors who meet these requirements can apply for an E2 Investor Visa, gaining the opportunity to start a business and live in the United States.

How to Apply for an E2 Investor Visa?

Applying for an E2 Investor Visa requires careful planning and proper preparation of documentation. The application process involves several steps, and the applicant must provide detailed information regarding both the U.S. investment and their personal circumstances. Here are the basic steps of the E2 Investor Visa application process:

Prepare a Business Plan

• A detailed business plan must be prepared for the E2 visa application. This plan should include the type of investment, how the business will be managed, marketing strategies, financial projections, and job creation plans. The business plan will be used by the U.S. Consulate or Immigration Office to assess the seriousness and sustainability of your investment.

Make the Investment

• Before applying for an E2 visa, you must have made a significant investment in the U.S. business. This investment should be sufficient for the business to start operations and be sustainable. Documents proving the investment (bank receipts, purchase agreements, contracts, etc.) should be included in the application file.

Gather Necessary Documents

• The following documents are required for the E2 visa application:
  • Passport: You must have a valid passport, and it should remain valid throughout your visa period.
  • DS-160 Form: Non-Immigrant Visa Application Form completed online.
  • DS-156E Form: A form specific to the E2 visa application detailing your investment.
  • Business Plan: A detailed business plan must be prepared.
  • Investment Documents: Documents showing that the investment has been made and involves risk (bank receipts, contracts, purchase agreements, etc.).
  • Business Documents: Incorporation documents, licenses, lease agreements, employment contracts, etc.
  • Financial Documents: Documents showing your personal and business financial status.
  • Biometric Photo: A biometric photo that meets the visa application requirements.

Pay the Application Fee

• Pay the application fee set for the E2 visa. The receipt for this payment should be included in the application file. The fee is paid after completing the DS-160 form.

What to Expect After Applying for an E2 Investor Visa?

After applying for an E2 Investor Visa, you can expect several stages concerning your life and business in the United States, once the application process is completed and the visa is approved.

In conclusion, it is essential to provide accurate information and documents at every stage of the application. Due to the complexity of the process and legal requirements, it may be beneficial to seek support from an immigration attorney. Do not hesitate to contact me through the CK Law Firm website, via email at info@cklawfirm.org, or directly on LinkedIn!

Attorney Asim Kilinc

Attorney Asım Kılınç, a founding partner of CK Law Firm, stands out with his extensive experience and expertise in both international law and the American legal system. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is registered with the Missouri Bar. He specializes in U.S. immigration law, significantly contributing to CK Law Firm’s success in this field with his deep knowledge and experience. Having been involved in the preparation processes of over 1,000 immigration cases, Attorney Kılınç has proven his expertise and provides comprehensive and professional legal support to help his clients adapt to their new lives in the USA.

Strengthening CK Law Firm’s leadership in immigration law, Attorney Kılınç offers reliable and effective legal consultancy services to his clients, accompanying them on their journey to establish a new life in the USA. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permits, and other immigration processes, supporting them from the beginning to U.S. citizenship.