The practical and detailed guide to the US E-2 Visa. Step by step process information, list of requisites and necessary documents with the time frames.

Highlights of the E-2 Treaty Investor Visa

• Affordable qualifying investment (min 60,000 USD)
• Fast processing time with the possibility to accelerate to 15 days
• Family members receive the visa
• Combinable with EB-5 Visa process
• No needs for a minimum number of jobs created

Main advantages of the E-2 Treaty Investor Visa

• Your stay under the E-2 visa is limited only by however long the firm operates and can be extended without limitations until the company is profitable
• There are no requirements to do business in other countries or work in an executive capacity
• A small investment (from 60,000 USD) amount and no needs for a minimum number of jobs created
• The members of the applicant’s family (spouse and children up to the age of 21) also receive E-2 visas
• Possibility to accelerate the review of your application (down to 15 days)
• Control of Funds in investor's business – more flexible “due diligence” required
• Instant permission to work, the spouse can work anywhere, children can go to school at internal resident tuition rates
• Plannable tax advantages - as a nonimmigrant resident if the principal resident stays not more than 122 days per year, no tax on worldwide income
• Combinable with other visas: An E-2 visa can be obtained while the applicant is waiting for a decision on an immigrant visa (EB-5) and intends to stay legally in the US at this time.

Who qualifies for an E-2 Visa?

There are some specific qualifications that an applicant must meet to be eligible for E-2 Visa status as an investor or an essential employee. Specifically, an applicant must: E-2 Investor

• Be a national of a country that maintains a treaty of commerce and navigation with the U.S.
• Invest, or be in the process of investing, a “substantial amount” of money into a U.S. business
• Be actively and directly involved in the management of the investment's target company.

E-2 Investor

• Be of the same nationality as the investor
• Must either function in a managerial/executive capacity, or be able to demonstrate that he or she has other special qualifications

The list of countries with which the United States maintains a treaty of commerce and navigation

Albania, Argentina, Armenia, Austria, Australia, Azerbaijan, Bahrain, Bangladesh, Belgium, Bosnia and Herzegovina, Bolivia, Bulgaria, Chile, Cameroon, Canada, China (Taiwan), Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark (excluding Greenland), Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada,Honduras, Ireland, Iran, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Paraguay, Panama, Philippines, Poland, Romania, Serbia, Senegal, Singapore, Slovenia, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Turkey, Tunisia, Ukraine, United Kingdom

Main requirements for obtaining a Е-2 visa

• The applicant must invest or be in the process of spending a significant amount of money in a company/business in the USA (minimum investment of $ 60,000).
• An essential point is the term "in the process of investing." It's not enough only to keep this money in the company's account before filing a petition. The funds must be spent (and written off) or be committed. That is, the money must have been legally allocated under a contract and will be expended within a year (for example, on rent, salary, purchase of goods or services). This means in theory that the money could still be in the bank account at the time of the visa filing, but we must show that those funds have been committed through an executed agreement requiring their expenditure within a year.
• The money used as an investment must be obtained legally, which must be documented in the petition.
• The applicant plans to develop and manage the business: the investor must own half of an American company (or more) OR will hold the position of the manager or head. In the latter case, the owner of the firm must have citizenship of the same country as the applicant.
• The company is a real and operating commercial enterprise (passive activity is not allowed).
• The company plans to earn sufficient profit (above the minimum living wage of the investor and their family).

Step by Step Process of the E-2 Non-immigrant Visa

1 Stage Provision of the original package of the documents to prepare the file. 2 Stage Order of the additional services related to the investment. 3 Stage Preparing the application package and visit the embassy of the United States to pass the interview. 4 Stage Consideration of your application for the E-2 Visa - If you are in the United States, then the E-2 application may be filed with USCIS. In this case, the applicant has the option of paying the U.S. government a premium processing fee so that the application is decided in 15 calendar days. - If you are not in the US, interview at the embassy of the United States (if required with maintenance). 5 Stage Obtaining the E-2 Visa.

Necessary documents for the E-2 US Visa

To obtain the E-2 non-immigrant investor visa in the US, you will be required to provide the following documents:

• Photocopy of biographical passport page
• Evidence of legal status in the country of your tax or physical residence
• Ownership documents (depends on the type of business structure)

E-2 Investment A. For an Existing Enterprise: (show purchase price)

• Tax valuation
• Market appraisal

B. For the New Enterprise: (show estimated start-up cost)

• Trade Association Statistics
• Chamber of Commerce Estimates
• Market Surveys

C. Source of Investment:

• The personal statement of net worth prepared by a certified accountant
• The transactions showing payment of sold property or business (proof of property ownership and promissory notes) and rental income (lease agreements)
• The voided investment certificates or internal bank vouchers and appropriate bank statement crediting proceeds
• The debit and credit pieces of advice for personal and business account withdrawals
• Audited financial statement
• Annual report of parent company
• Net worth statements from a certified professional accountant

D. Evidence of Investment: 1. Existing Enterprise: Escrow documents Signed purchase/sales agreement Closing and settlement papers Loan or mortgage documents Promissory notes Financial reports Tax returns Security agreements The assumption of the lease agreement Business account statement for routine operations 2. New Enterprise: Inventory listing, shipment invoices of inventory, equipment or business related property Receipts for inventory purchases Cancelled checks or official payment receipts for expenditures Cancelled check for first month's rent or full annual advance rent payment Lease agreement Purchase orders Improvement expenses Initial business accounts statements Wire transfer receipts E-2 Marginality For Existing Business:

• U.S. corporate tax returns
• The latest audited financial statement or non-review statements
• Annual reports
• Payroll register
• W-2 and W-4 tax forms
• Cancelled checks for salaries paid and corresponding payroll account

For New Business

• The payroll register, records of wages paid to employees (if any), employee data including names, rates of pay, copies of W-2s
• Financial projections for the next five years, supported by the complete and thorough business plan
• The business income and current corporate tax returns
• The proof of registration, ownership, audited financial and review engagements

E-2 Real & Operating Commercial Enterprise

• Occupational license
• Business License/business permits
• Sales tax receipt
• Utility/telephone bills
• Business transaction records
• Current/commercial account statements
• Letters of credit
• Invoices from suppliers
• Advertising leaflets
• Business brochures/promotional literature
• Newspaper clippings

E-2 Executive/Managerial/Supervisory/Essential Skills

• Letter from the E-visa enterprise providing specific information on the applicant and the reasons for his/her assignment to the US. The letter should explain the employee's role in the E-visa company (job title and duties), the applicant’s executive or supervisory responsibilities or, if not a supervisor, his/her specialist role. Moreover, the level of education and knowledge required by the employee's position, his/her employment experience, the progression of promotion or high-level training or special qualifications and the reasons why a U.S. citizen or legal permanent resident cannot fill the position (if the job is not managerial or supervisory).
• Letter from responsible official at U.S. company or office identifying the need for the assigned employee.
• The organisational chart showing current staffing pattern at U.S. company
• Evidence of executive, supervisory or specialised knowledge, education, experience, skills or training, such as certificates, diplomas or transcripts

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