The E1 and E2 Visa Application Process
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- February 13, 2025
The E1 and E2 Visa Application Process
The United States is among the most favorable destinations for businesspeople, freelancers, other artists, and professionals. The US provides nonimmigrant citizens with several visa options to enter the country and establish their businesses, including the E1 and E2 visa.
E1 and E2 visa are nonimmigrant visas that permit business people from countries with which the United States has treaty arrangements to enter the United States. These visas are an excellent option for entrepreneurs, business personalities, and investors looking to establish or manage a business in the U.S.
In this blog, we will understand the application process for E1 and E2 visas, how much time is taken in both processes and the requirements for E1 and E2 visas.
What Are an E1 and E2 Visa?
The E1 visa is among the visas that promote the development of a network between the United States of America and the applicant’s country. Such trade covers the interplay of goods, services, or technologies and must cross international boundaries. Eligibility will be determined by checking that at least 50% of a company-based trade is between the US and the home country.
The E2 visa is the Investor visa, which requires that a person invest a significant amount of capital in a U.S. business. To qualify, applicants should spend in good faith to build an enterprise that produces jobs or brings cash flows to the local economy. The visa is designed to suit investors who intend to use it as a gateway for new businesses or the purchase of an existing business.
The E1 and E2 visa provides benefits, such as the option of travelling freely to and from the U.S., accompanying close family members, and a few more. Their unlimited terms of validity allow holders to renew them repeatedly if they fulfill the requirements continuously.
What Are the Requirements for an E1 Visa?
Under the E1 and E2 visa, strict eligibility criteria differentiate applicants and establish their qualifications to attain the visas. Here’s a breakdown of the requirements for E1 visa holders.
1. Nationality
An applicant must be a citizen of a country with a signed treaty of commerce and navigation equal to or greater than with the U.S.
2. Trade
The participant’s home country should control a substantial portion of the trade with the US. The trade can be either in goods, services, or technology.
3. Trade Proportion
A minimum threshold value of at least 50 % has to be traded between the U.S. and the applicant’s home country to get admittance.
4. Position
Either the applicant must support the development or direction of the trade, or they must be highly skilled workers that the company is bringing to the United States.
5. Intent to Depart
Once the applicant’s E1 visa expires, it is their duty to show a genuine plan to leave the US.
What Are the Requirements for an E2 Visa?
The following are some essential requirements for the E2 Visa.
1. Nationality
The person must be either a citizen of a country with a qualifying treaty of commerce and navigation with the U.S. or a person employed by a qualifying organization.
2. Investment
The applicant must inject a significant amount of money into a genuine bona fide business in America. A particular minimum amount has not been specified. The pump-in has to be duly substantial and proportionate to the total entrepreneurial investment.
3. Enterprise
The business must be an actual enterprise, and there is scope for spending or speculation. Nothing can be an idle investment.
4. Risk and Control
It is necessary to demonstrate that the individuals are making business decisions and putting their money where their mouths are; that is, they have something to lose if it does not work.
5. Job Creation
The working process must encompass the employment of domestic workers, but the rule demands either direct hiring of U.S. citizens or participation in local economies.
6. Intent to Depart
The applicant needs to outline a detailed plan for leaving the U.S. once he loses his E2 visa status.
What Is the Application Process for E1 and E2 Visa?
The process of obtaining an E1 and E2 visa requires the applicant to complete a series of steps.
1. Determine eligibility
Make sure you cover the stepping stones to an E1 and E2 visa, which include national origin, the number of transactions, and whether the activities fall in the correct category.
2. Complete Form DS-160
You are required to complete and submit the online Nonimmigrant Visa Application form, which is also referred to as the DS-160 form, and print your confirmation page.
3. Schedule an Interview
Book a non-immigrant visa interview at your designated U.S. embassy or consulate.
4. Gather Necessary Documents
Gather all necessary documents, including confirmation DS-160 page, a receipt for the visa application fee, passport-size photos, a valid passport, evidence of nationality, and substantive trade demonstration.
5. Provide Trade Evidence
In addition, provide evidence of the substantial trade relationship between the U.S. and your country. This evidence may include trade invoices, contracts, and financial statements.
6. Attend the Visa Interview
Come on the appointment day and be ready to mention what trades you do and what your business plans in America are.
7. Wait for Processing
Following the interview, a final decision regarding your candidacy will be forwarded along with an official communication.
8. Receive Your Visa
In the event of visa approval, you can collect it from the Embassy or Consulate.
What Is the Processing Time for an E1 Visa?
The time taken to issue an E1 visa can fluctuate due to certain factors that differ from one U.S. Embassy or Consulate to another and also because a specific time can be consumed for verifying the application’s legitimacy. In most cases, the process involves numbered stages, e.g., filing out the DS-160 application, getting your requirements ready, appearing at the interview, and waiting for the decision on the application.
In the regular case, and on average, it can take a few weeks from the day of submission of the application to the moment of getting a visa decision. However, in certain cases, it can take much longer than average because of administrative processing or additional main paper.
How Long Does the E2 Visa Application Process Take?
It should be noted that the duration of the E2 visa application process (significantly, the period for which the application is pending) may vary depending on different factors, including the particular U.S. Embassy or Consulate where you apply, the level of complexity of your application and the number of applications being processed.
The process may take a couple of weeks to a few months. However, the time period can be long if there is a mistake in the application form or if there is an error in processing the visa application.
What Is the New Law for E2 Visa Holders?
The US has regulated a new law for E2 visa holders. This law states that the E2 visa holder can stay in the country for up to 2 years. After 2 years, the visa holder should leave or renew the visa. There is no limit on how much time you can renew the visa. But each time, you can renew the visa for two years.
Simplifies the Process of Obtaining E1 and E2 Visas by Consulting a Law Firm
The E1 and E2 visa programs offer excellent opportunities for international entrepreneurs, traders, and investors looking to establish themselves in the U.S. Both visas allow flexibility in running a business while maintaining connections with your home country. Understanding each visa’s application process and requirements is essential for a successful application. This includes meeting specific nationality criteria, gathering necessary documentation, and preparing for the visa interview.
Given the complexity of the process and the potential for unforeseen challenges, seeking professional guidance can be invaluable. Consulting with experienced legal professionals ensures that your application meets all requirements and is submitted correctly and efficiently.
You can also contact Di Martino Law Group, which specializes in immigration and business law. Their experienced attorneys can help you through the complex application and documentation process and provide the correct guidance.
FAQs
1. Can anyone apply for the E1 and E2 visa?
No, E1 and E2 visas are limited to some categories of persons or businesses.
2. Can a person gain permanent residency with an E1 and E2 visa?
No, the E1 and E2 visas provide no path towards permanent residency.
3. How long does the E1 and E2 visa interview take?
The E1/E2 visa interview can go from 20-30 minutes to one hour depending on how well the application has been set up by the candidate.
4. What happens if my E1 or E2 visa application is denied?
You can reapply if your E1 and E2 visa application is denied.
5. Can I apply for an E1 or E2 visa if I’m already in the U.S.?
Yes, you can apply for a status change while in the U.S. if you are eligible.