E 2 Visa Processing Time For 2024: Less than 6 Months?
One of the key aspects for prospective investors and entrepreneurs is understanding the E 2 visa processing time, which can vary based on several factors, all impacting how long it takes to get approved. Whether choosing a franchise investment, starting a new business, or purchasing a master franchisor, each path comes with its own set of challenges, including variations in E-2 visa processing time.
Written by
Facundo Bermúdez
Published on
22 Aug 2022
Table of Contents:
Insights into E2 visa processing time via business acquisition
E2 visa processing time – Buy a franchise
Starting your business and applying for the E-2 visa
Comparing E-2 visa options: Startup, New franchise, or existing business
Challenges of applying for an E-2 visa with a franchise resale/existing business
One of the key aspects for prospective investors and entrepreneurs is understanding the E 2 visa processing time, which can be affected by an array of factors, all defining how long it takes to get approved. One goes for a franchise investment, the second becomes their entrepreneur open business, and the third buys them a master franchisor. With these three different paths ahead, each has its own perks and hurdles, including variations in E 2 visa processing time.
Here, we examine the timings of how long it takes for E-2 visa processing to occur showcasing what you can expect that is informed by more than 8 years in business. We hope our insights, based on a range of winning cases by us serve as an in-depth clarity — from your first contact to when you will likely get the visa approved.
We have gathered the cost of employing various means and using our experience will be providing insights which we hope could assist any aspirant in making decisions.
The E2 visa is a non-immigrant visa tailored for foreign nationals who wish to enter and work in the United States by investing in a business. This visa is particularly attractive for investors and entrepreneurs aiming to start or expand their business ventures in the US. The E2 visa hinges on a treaty between the US and the investor’s home country, ensuring that the investor has made a substantial investment in a bona fide enterprise.
This means the business must be real, active, and generating goods or services for profit. The substantial investment requirement ensures that the business is well-capitalized and capable of sustaining operations and growth.
To qualify for an E2 visa, applicants must meet several specific criteria:
Meeting these requirements ensures that the applicant is serious about their investment and committed to contributing to the US economy.
The E2 visa application process involves several critical steps:
The processing time for an E2 visa can vary, but opting for premium processing can expedite the process significantly. For a premium processing fee of $1,400, the application can be processed in as little as 15 days, providing a faster route to starting or investing in a US business.
Working with an experienced immigration lawyer is highly recommended. An immigration lawyer can ensure that the application is complete and accurate, help navigate any complexities, and expedite the process.
While there are additional expenses, such as travel and accommodation for the consular interview, these are often worthwhile for the opportunity to establish a business in the US.
Overall, the E2 visa offers a valuable opportunity for foreign investors and entrepreneurs to bring their business ventures to the US, contributing to the economy and creating jobs.
With the right preparation and support, the application process can be navigated smoothly and efficiently.
This Webinar provides insights on the pathway to E-2 visa for those who wish to purchase a small business and self-fund their acquisition of an existing one, which is about 30% or more in fact! The timeline of this strategy is detailed in research from the Search Investment Group. With respect to completion rates and search phase length, they found that self-funded searcher who bought a company completed searches faster than the traditionally funded-searcher.
It is crucial to ensure that the business is not classified as a marginal enterprise, meaning it should generate more than just enough income to provide a living for the investor and their family.
The research also shows that about 53% of searchers (those structured as traditional or self-funded individuals) completed a deal in the first twelve months. During that period, the median time of search phase was seven months to twelve months, meaning a relatively quick transition from exploration to acquisition.
A significant portion of them — who represent around 74 percent of the responding sample sized— had successfully closed on a business purchase in less than or equal to only 18 months, illustrating how this approach can be time effective for E-2 visa applicants.
Size to E-2 Via Business Acquisition The larger timeline, yet still worth mentioned is the time length when pursuing an E-2 visa through a business acquisition. And as mentioned earlier, it takes the average buyer between 7 – 12 months to find and settle on a right fit business. But this is only the very first step in a long trip. Since then, fans must undertake the puzzle of applying for their E-2 — a process that usually takes another two to three months in total.
Therefore, even if you complete the business acquisition stage in a year and a half, obtaining the E-2 visa still takes more than 12 months.
This serves as a gentle reminder that good planning and advance participation can go far in attaining entrepreneurial dreams of exposure to the US market.
The journey to an E-2 Visa using a franchise investment falls along many steps that in the end creates a flexible and dynamic pathway depending on multiple variables (investor readiness, timing of the year holiday season …) Every single one of these is important in determining how long it takes to apply for a visa.
After helping over 1,200 families in their pursuit of the American dream through franchise investment via our deep experience, we have gained a great deal of information on this subject. Here is the general timeline from start to finish when buying an E-2 visa through a franchise, based on our past clientele.
As a treaty investor, you must ensure that your investment meets the substantial investment requirement and that the business is a bona fide enterprise.
However, this does not mean you cannot get an approval in lesser time. In recent times, we saw certain clients who moved from first touch with us to approval in the span of six months. Hence, even though our original 2015-2024 (to date) proposition equated to a period lasting from 7–8 months it is evident that shaving those stages can hasten the prospect.
Therefore, when looking at the time to get an E-2 visa through franchise investment vs business acquisition – it is clear that a franchising route takes far less time. Well hit on that more later.
Indeed, franchising is a well-informed approach for would-be entrepreneurs who want to manage the technicalities involved in business ownership and immigration requirements aspiring behind E-2 visa applicants. Isa franchise specializes in finding and analyzing the ideal franchises qualifying for an E-2 visa. It is also important to note that employees of the E-2 treaty investor must demonstrate that they share the same nationality as their employer.
Our goal is to make the process as easy and seamless as possible for a smooth transition into U.S. life, so that you can establish yourself in the best way possible both personally & business wise when arriving here over your first few years.
Our solution with a money-back guarantee for entrepreneurs to be sure that they are covered all the worst-case scenarios, — and if such arise we get in touch! This guarantee will give you peace of mind from the very beginning, to enjoy a smooth and risk free experience.
We hold your hand every step of the way from when you first contact us, to franchise and business search for you, arranging calls with existing Franchisees & Attorneys; collecting documents; obtaining visa approval.
We take our commitment one step further by providing end-to-end assistance, ensuring that you don’t miss any details throughout the process, from starting your journey as a franchise owner to obtaining an E-2 visa.
Think of, the chance to buy a franchise and within no time be able to savor life in sunny Florida or realize all that America truly has to offer with your family settled well!
For a free how-to-buy-a-franchise guide, click here.
You can still start your own business and be eligible for an E-2 visa. This is a way to explore startups, or if you already have an idea for your business this route gives the freedom and ability to mold yours as entrepreneur.
Based on our experiences, the E-2 visa typically takes roughly 4 – 5 months to secure, which is one of the fastest paths among those we have previously introduced. The E-2 visa itself provides work authorization, eliminating the need for an Employment Authorization Document (EAD) in many situations.
We have a recent example from our work at Visa Franchise that really showcases this efficiency.
We are proud to announce that one of our E-2 clients has recently become an official title holder by receiving her visa stamped (in under 5 months!!!) Our client just made a killer investment in this growing E-Commerce vertical by using the LLC structure she already had.
The key to this success story lies in our full support, providing a rigorous E-2 visa application and a tailored, written business plan. Given the complex legal scope, we encouraged our client to speak with an experienced immigration attorney from our mentor group. We painstakingly compiled a persuasive petition package, expert precision and poise to navigate the intricacies.
To browse our array of free guides on starting your business, head over here.
The nature of the business you have chosen to invest in plays a big part on how simple or hard (and fast) the E-2 visa process will be. Changing your immigration status to E-2 Treaty Investor Status requires meeting specific eligibility requirements and carefully following the necessary steps.
In this article, we promise to carefully examine why a new franchise acquisition route is usually superior than existing business or surrogate franchising.
1- A simplified process: New franchises arrive with fully realized processes and infrastructure in place, so the path is much clearer. Federal regulations ensures complete transparency and FDD provide full information, assisting in faster decision-making.
2- Faster E2 visa processing time: In general, the path from initial engagement to current approval for new franchises and startups is faster than transfers. As we said before, an entirely new business may have the fastest start time — only taking 4–5 months to get up and running — while a brand-new franchise could take as much as 7 or even 8 months. Opting for the premium processing service can expedite the E-2 visa application process, ensuring a response within 15 days for an additional fee.
3- full control over your investment and operations. This certainty and being in the driver seat can help speed up the E-2 visa process as there are fewer moving parts compared to purchasing an established business.
Locating an existing business to purchase for E-2 visa eligibility is a long and complicated process that involves hammering out extensive due diligence of the company. Here are the key challenges:
-Market research: Finding a business which fulfills the profit criteria and also meets E-2 visa requirements involves proper market research. It requires examining numerous businesses, which may require more than a year.
-Financial Consideration: It is through a complete analysis of the financial books and documents such as balance sheets, profit/loss statements, tax returns that one can judge how financially well he or she scores in business. A vitally important step to confirm their business is capable of being stable and viable financially. The financial aspects typically require a corporate lawyer to comb through fully.
-Legal and regulatory compliance: This includes making sure the business complies with laws on all levels of government. This process involves checking licenses, permits and anything from a legal standpoint that can potentially impact the operation of your business.
– Operational assessment: It also important to understand the business operations, i.e., employee contracts, supplier agreements and customer relationships. This way the purchasing business remains in full operation after acquisition.
complete search and due diligence process may span quickly more than a year, subsequently adding significantly to the timeline of obtaining E-2 visa.
Step 2: Negotiation and Due Diligence on a Candidate: Once you identify the right company, the next part becomes complicated, as it involves navigating substantial negotiations through numerous hoops.
-Take time negotiating purchase terms Prospective buyers often need a significant amount of negotiation before agreeing to the purchase price and any specific sale conditions. This includes negotiating with the seller, possibly through a broker or lawyer in some cases.
-Securing financing: While funding is possible, you must negotiate the process of securing loans or investments with banks and investors. Doing this introduces another phase of possible delay and complexity.
-Professional consultations: We need to be very careful that we use our outsourcing professionals such as financial statements, lawyers and engineers. These are folks who evaluate whether a business is able to financially, legally and operationally function properly.
-Contractual agreements: Drawing up and preparing the Sales Purchase Agreement with warranties and representations requires a highly process-oriented approach. This also means extensive legal review of all terms to ensure they are legally sound and acceptable to both parties.
Starting and/or growing a small business is challenging due to risks faced when investing in an existing business, complicating the E-2 visa application:
The liability of mine-sweeps is undisclosable: there might not be any financial liabilities or obligations appear after the propertyturns over (remain as debts, pending lawsuits and unresolved tax issues). Those other topics I mentioned will be resource or time intensive.
Operational obstacles: Older companies can run into operational problems such as obsolete technology, bad management or low employee morale.
Market position – Understand the current market presence of a business and its reputation in the public arena. Companies operating in shrinking markets or carrying a questionable reputation will face uphill battles after absorption.
Integration Issues: It could be difficult to integrate the business with your own management style, and potentially restructure processes.
Regulatory pitfalls: Meeting regulatory rules and the fallout from any past misconduct could take time to address.
An aspect worth considering for E-2 visa holders is that there is a need to renew their visas every two years in order not have an out-of-status stay in the U.S. While E-2 visa holders can get an unlimited number of extensions, it is important to apply on time. Individually extending the E-2 visa can be done by leaving the U.S. to reapply, or filing a combination of Forms I-129 and I-539 while keeping us in — but many factors should be considered such as time spent out of status if applications are pending locally.
The extension must be submitted before the I-94 form expires, since this will allow another 240 days of work while waiting for an answer.
Ultimately, you just have to find a good fit for your E-2 visa application. Everyone has their own preferences depending on their interests and objectives. Some may prefer franchising a business or setting up their own company in the USA, while others might be more interested in buying existing businesses. You should know what you want for yourself and your family, as well as when and how long do plan to live in the USA.
This will provide a template for the rest of your application process. No matter what option you pursue, with proper guidance and your dedication to the process, you can still attain the final target—E2 approval.
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