Foreign investors that want to reside in the US and operate the business through their investment can apply with a U.S.-based entity for an E-2 visa. However, applying for this visa can be a tough and complicated process. In this comprehensive guide, we will provide you a step-by-step submission process from checking your eligibility to preparing for the visa interview so that with all knowledge in hand, you can submit an application form of E-2 Visa successfully.

1. Introduction to the E-2 visa

The E-2 Treaty Investor Visa enables treaty traders and investors to enter into the U.S. for developing, directing, or controlling an enterprise in which they invest a substantial amount of capital. While the E-2 Visa has no set minimum investment requirement as some other visas do, enough must be invested to enable independent operation of the enterprise.

Key benefits of the E-2 visa

There are key advantages to the E-2 visa category, making it an excellent option for investors seeking to live and work in the United States. Some of the greatest benefits include:

1. Renewable status: An E-2 visa may be renewed provided a business is still operating and meeting all requirements.
2. Family inclusion: Dependents of the investor may accompany the principal holder of the E-2 visa: spouse and unmarried children under 21. The spouse can apply for work authorization, and children are able to enroll in schools.
3. Flexibility: An E-2 visa holder can travel in and out of the U.S. as many times as they wish. Given that there is no requirement for continuous residence in the United States, an immigrant won’t need to continuously live in the country. To clarify, this is a case where legal advice may be of good value, but an investor visa attorney is not mandatory required for maintaining your visa status.

2. Determining eligibility

There are some basic eligibility requirements that an E-2 Visa applicant must meet before going into any application process. These include:

• Nationality: The applicant must be the national of a country having commerce and navigation treaty with the United States. Check out the list of countries eligible for an Australian student visa; although it includes many nations, major territories like China and India are omitted.
• Invest in a U.S. business: The applicant must have made, or be about to make, a significant investment in business. It needs to be a large enough investment that if the business was successful, you should make $100,000+, though this obviously varies depending on the type of biz.
• Ownership and control: The investor must either own at least 50% of the business or control operations (for example, through a management role or other corporate mechanisms).
• Business purpose: The company should be a lawful business entity and also an authentic existing industrial or commercial enterprise. Speculative or inactive investments do not qualify.
• Job creation: While the business generally does not have to create jobs, and is definitely higher than those for an EB-5 Visa application.

3. Preparing your application

If you have been eligible, then the next thing is to apply. This includes assembling all necessary types of documentation, completing forms in the proper manner, and verifying that your investment qualifies under USCIS guidelines.

Key documents needed:

1. DS-160: online non-immigrant visa application for all statuses.
2. DS-156E: used solely for E visa candidates.
3. Nationality: Passport and documents that establish you are a national of a treaty country.
4. Proof of investment: Bank statements, contracts and other relevant financial documents that demonstrate you have the current or planned funds to invest.
5. A business plan that describes the proposed venture, including its purpose; market analysis; financial projections; and capacity to create new jobs.
6. Please provide any evidence of ownership such as documents to demonstrate you are an owner or, at a minimum, that you control the business by more than 50%.
7. Proof of employees: Items such as payroll records or employee contracts that demonstrate you will employ US workers.

Takeaways for preparing your application

• Step 1: Collect required documents. Get all docs and make sure they are current and true.
• Step 2: Form DS-160 and Form DS-156E. These forms must be filled in online, on which, you will receive a confirmation page with barcode that are to taken along for your visa interview.
• Step 3: Get application fee. A non-refundable fee has to be paid for the application process, the fee varies a little bit by country, but is $205 in most cases.
• After paying the fee…​ Step 4: Schedule your visa interview. The U.S. embassy or consulate in your home country schedules a visa interview for you after receiving payment of this fee step.

4. Completing the paperwork: Petition and papers

Petitioning is amongst the most crucial steps in your E-2 Visa application. That is where you upload all the evidence that states your qualifications and investment credibility.

Steps to file your petition

1. Step 1: Submit Form I-129 (If in the U.S.): If you are already within the United States and wish to change/build upon your status via an E2 visa, you will need to submit a completed Form I–129 “Petition for Non immigrant Worker” with USCIS. This application changes the status without having to leave the country.
2. Step 2: Form DS-160 and DS-156E (If Abroad). If outside the U.S. you will file for a form to apply at a U.S. embassy or consulate.
3. Step 3: Attach Supporting Documents You must attach all the evidence with your petition like investment receipts, company ownership proof and business plan. If you want these documents processed, make sure they are sorted and labelled so that the process can be facilitated.
4. Step 4: Submit filing fee Payment for any separate fees that must be processed as part of your request. In these cases, the fee amount can change depending on whether you file your request in the U.S. or at a consulate abroad.

5. The visa interview process

The next and final step in the process is to go for a visa interview after you have submitted your petition. This is an interview that will happen in your home country, at the U.S. embassy or consulate, and it’s a crucial step to see whether you can get approved for a visa with a successful result or not.

The interview process

During your interview for the E-2 visa, the consular officer will carefully review your application and supporting documentation. Be prepared to answer questions about the nature of your investment in a business in the United States, the type of business you will conduct, and your intentions while in the United States. He/she will likely question you about your intent to develop and direct the enterprise in the U.S., and about your willingness and ability to depart the United States upon expiration or termination of E-2 status. Remember to have with you all the original documents of the business plan and proof of capital investment during the interview, alongside other supportive material that could be requested by the officer for verification of information given in your application.

Tips for a successful interview

Attend your E-2 visa interview, and be honest in responding to all questions. Respond to the questions consistently so that the answers will coordinate with what was given in your Application. You need to be quite well-prepared on your business plan regarding market analysis, financial projections, and job creation targets. In addition, let all the documents required for this interview be original, since failure to produce these papers leads to delays or sometimes denial of a visa application.

6. The Most common application mistakes

The E-2 Visa application process is complex and calls for attention to detail, as well a careful preparation. Well, of course, there are mistakes often made:

• Incomplete applications: Complete any left out forms or make sure that none of the required documents are missing. Just One More Thing, Either of these factors can miss you out on bonuses, but the single most significant cause for application delays and denials is incomplete applications.
• Insufficient investment: The key is to invest heavily enough so that your business can succeed. Lack of investment may result in denial for visa.
• Bad business plan: A very general, far-fetched or vague business plan will hurt you more than it can help. Spend time developing a robust and believable business plan.
• Ignoring legal advice: Having help from a good immigration lawyer might mean the difference between getting accepted and being denied, Not a single piece of the process should be taken lightly as ignoring legal advice or trying to do things on your own may lead you down risky territory.

The E-2 visa requires a well-documented and thought-out application process that is more demanding than most visas, which entails extensive documentation and an understanding of the U.S. immigration landscape as well. This step-by-step guide will enable you to maximize your odds of a successful application and provide clarity on how to secure an E-2 visa perspective as quickly as possible. Whether you are a first-time applicant or renewing your status, knowing each step is important for success.