E2 Treaty Investor Visa Application

Applying for an E2 treaty Investor Visa is a major step. Our US Immigration Lawyers explain the process. If you want help with your E2 Visa application, our US Visa Lawyers in London can guide and support you.

Contact US E2 Visa Lawyers in London for US immigration legal advice.

Appointments are available for phone or online consultations or at our offices in central London.

Starting your E2 Visa journey

US immigration law firms recommend an initial consultation to check whether you meet the eligibility criteria for an E2 Visa before you invest time and money in gathering the evidence required to support your US visa application.

London-based US Immigration Lawyers can advise on:

1. Whether the US Investor Visa meets your goals, as it is a nonimmigrant visa.
2. How the Investor Visa requirements apply to your circumstances.
3. The best evidence to support your US visa application.
4. Alternatives to the Investor Visa. 

The E2 Investor Visa requirements

To qualify for a US Investor Visa, you must be:

1. A citizen of a treaty country.
2. Going to the US to develop and direct a business.
3. Prepared to invest at-risk capital in the business.

Whether you are a citizen of a treaty country is a matter of fact, and an experienced US Immigration Attorney can advise on this.

Some UK entrepreneurs find the visa requirement to get involved with a US business and risk their money off-putting, especially as the US Investor Visa is a nonimmigrant visa. However, it is worth speaking to a US Immigration Lawyer about the E2 Visa requirements, as they are not as onerous as they sound.

The citizenship requirement for an E2 Investor Visa

The citizenship requirement requires you to be a national of a country that is a signatory to the US treaty. The list of E2 Visa treaty countries can be found here.

Notable exceptions from the treaty list include citizens of:

1. China
2. India
3. Russia

The list can change. For example, the U.S. Citizenship and Immigration Services (USCIS) has stopped treaty visa applications from Iranian citizens. It is best to check with an experienced US Immigration Attorney to determine whether your nationality meets the citizenship requirement and, if not, your alternate visa options.

E2 Investor Visa requirement to develop and direct a business

The US E2 Visa is not a passive Investor Visa. Some countries allow foreigners or aliens to secure visas if they invest in the country. For example, the UK used to allow overseas investors to apply for accelerated settlement and British citizenship. The timescale for British citizenship depended on the size of the investment. This led to accusations of British citizenship being for sale to multi-millionaires and eventually to the withdrawal of the UK Investor Visa.

The US Investor Visa immigration rules clearly state that if the E2 Visa is sought on investment grounds, an investor needs to do more than invest in a US company or a start-up. The investor cannot leave others to manage and develop the enterprise.

E2 Investor Visa requirement to invest in the US

Unlike Investor Visas in other countries, the US immigration rules do not require a minimum investment figure. The rules require the investment monies to be:

1. Substantial and
2. At risk.

What amounts to a substantial investment is case-dependent. An investment of 500,000 in a thriving multi-national business isn't likely to be considered substantial to the company. However, the same investment in a start-up with few overheads could be considered substantial.

Immigration Lawyers for US visas in London can work with your business advisors to assess whether your proposed business investment is substantial and at risk. Leaving money in an inactive US shell company will not meet the E2 Visa criteria, but other situations are not as clear-cut.

It is best to understand the investment criteria before investing time or resources into an E2 Visa application. US Immigration Solicitors can provide tailored US immigration legal advice to enable you to judge whether you fit the US Investor Visa criteria.

Applying for an E2 treaty Investor Visa

The process of applying for a US Investor Visa from outside the US is:

1. Ensure you meet the E2 Visa requirements.
2. Complete Form DS-160 and Form DS-156E (Nonimmigrant Treaty Trader/Investor Application) and supply a covering letter and supporting evidence.
3. The Consular Officer reviews the application.
4. Interview at the relevant embassy or consulate.
5. Decision on Investor Visa application.
6. If the application is successful, your passport is stamped with the E2 visa.

An application for an E2 treaty Investor Visa is made online. The quality of the application, covering letter and supporting evidence is critical to a successful visa application.

The best US Immigration Lawyer UK emphasises that AI-generated or internet-produced covering letters or generic supporting evidence will be spotted and will generally result in USCIS refusing the treaty Investor visa application.

What should go into a covering letter for an E2 treaty Investor Visa application?

A covering letter is your one chance to explain your business and investment plans clearly and to prepare for a successful interview at the US embassy or consulate.

Without a comprehensive covering letter, your interview may have to cover basic information. This could result in the interviewer rejecting the visa application because they do not fully understand your business plans or investment.

The E2 Visa covering letter should address:

1. The Investor Visa eligibility criteria.
2. The applicant’s nationality and the country's treaty status.
3. The investment or proposed investment.
4. The substantiality of the investment.
5. The commerciality of the business to show the company is real and active.
6. The applicant’s planned role in the business.
7. How the applicant’s skill set is relevant to their planned business role.
8. That the applicant intends to leave the US at the end of the E2 Visa (as the visa is a nonimmigrant visa).

What supporting evidence is required for an E2 treaty Investor Visa application?

The supporting evidence for a U.S. Investor Visa depends on the type of company and sector the applicant is investing in.

The evidence needs to cover:

1. The investment.
2. The company.
3. The applicant.

Investment evidence for a US Investor Visa

The investment evidence should include:

1. A detailed breakdown of the invested funds or planned investment funds.
2. Evidence of the investment. For example, evidence of purchase of property or goods.
3. Evidence about the source of the investment.

Company evidence for a US Investor Visa

The company evidence may need to include:

1. The purchase or escrow agreement must be supplied if the applicant is acquiring an existing business.
2. If the applicant is purchasing a franchise, the franchise agreement, franchise disclosure and evidence of the franchise payment.
3. Evidence of corporate ownership.
4. Evidence that the business is real and in operation (or will be if the company is a start-up).
5. Evidence that the business is not a marginal operation. This means you need evidence to show that the company is not intended to be a hobby business or a company set up for the purposes of banking an investment to secure a US visa.
6. If the company is already in operation, current and historical business accounts must be supplied.
7. If the company is a start-up, a detailed business plan must be provided, including a five-year forecast and the projected costs of the business becoming operational.

The above is a general summary of basic company information that must be supplied. It is essential to get comprehensive E2 Visa legal advice from a specialist US Visa Lawyer UK because so much depends on the details of the case. For example, additional evidential requirements exist if the business has a non-US parent company or is listed.

Legal assistance for US immigration

Our US immigration law firm can guide and support you through the E2 Visa application process to help you secure your Investor Visa as quickly as possible.

Contact a US E2 Visa Lawyer London for E2 Visa advice.

Appointments are available for phone or Zoom consultations or at our offices in central London.

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