The E-2 nonimmigrant classification allows foreign investors from treaty countries to be admitted to the United States after investing a “substantial amount of capital” in a US enterprise. However, it is possible to apply for E-2 status if you are already living in the United States? Read on to find out.
E-2 Treaty Investor Visa – What You Need to Know
The E-2 classification is a nonimmigrant visa, which means successful applicants are not considered permanent residents (green card holders). The first requirement to qualify for E-2 status is meeting the nationality requirements.
The United States Citizenship and Immigration Services (USCIS) has a list of countries classified as “treaty countries.” It is not possible to obtain E-2 status without being a national of a treaty country.
The term “treaty country” refers to a country:
- With which the United States maintains a treaty of commerce and navigation
- With which the United States maintains a qualifying international agreement, or
- Which has been deemed a qualifying country by legislation
Another key requirement is the investment of a “substantial amount of capital” in a bona fide US enterprise. In the application process, a treaty must have invested or be actively in the process of investing the amount in the proposed E-2 enterprise.
Last but not least, USCIS requires the applicant to demonstrate that his or her entry to the United States is solely focused on the development and direction of the investment enterprise.
To meet this requirement, applicants must show at least 50% ownership of the proposed enterprise or possession of operational control through a leadership position in the company.
An E-2 enterprise must be a bona fide business, which USCIS defines as a “real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit.”
Please note that not only foreign investors may qualify for E-2 status, but certain employees of a qualifying organization may obtain USCIS approval for the same classification.
Can You Apply for E2 Visa While in the US? – The Verdict
As long as the prospective applicant meets USCIS requirements, it is possible to apply for an E-2 visa from the United States or abroad.
If an eligible E-2 applicant is already in the United States under a lawful nonimmigrant status, the next step is to file form I-129 (Petition for a Nonimmigrant Worker) to request a change of status.
If an E-2 investor wants to apply on behalf of an eligible employee, the employer must file form I-219 to request a change of status on the applicant’s behalf.
Conversely, E-2 applicants located outside the United States must not file form I-219. In such cases, the process requires processing at a local US Consulate or Embassy, including the applicable interview process.
Once the visa is issued by USCIS, successful E-2 applicants located abroad may seek admission to the United States under the same status.
Do You Want to Apply for E-2 Visa While in the US? – Immediately Seek Expert Legal Guidance
Waste no time with uncertainty. Contact Immigration Attorney Romy B. Jurado by calling (305) 921-0976 or emailing [email protected] to find the best immigration strategy for your case.
