E-2 Investor Visa Lawyer, Boston MA

Eligibility

Eligibility for E-2 classification as a treaty investor, requires that the treaty investor:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation;
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
• Be seeking to enter the United States solely to develop and direct the investment enterprise. 

Whether or not an investment is considered “substantial” depends on the total cost of either purchasing an established enterprise or establishing a new one. 

The intention to develop and direct the investment enterprise may be established by showing at least fifty percent ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

To qualify for E-2 classification as the employee of a treaty investor, the employee must:

• Be the same nationality of the principal alien employer (who must have the nationality of the treaty country);
• Meet the definition of “employee” under relevant law; and
• Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

Treaty Countries

Treaty countries are listed on the U.S. Department of State’s Website.

Required Documents

E-2 investor visa petitions must be filed with evidence that:

• Requisite treaty exists;
• Individual and/or business possess the nationality of the treaty country;
• Applicant has invested or is actively in the process of investing;
• Enterprise is a real and operating commercial enterprise;
• Applicant’s investment is substantial;
• Investment is more than a marginal one solely for earning a living;
• Applicant is in a position to “develop and direct” the enterprise;
• Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the United States; and
• Applicant intends to depart the United States when the E-2 status terminates.

E-2 petitions may be rejected or denied for failure to submit required evidence or supporting documents. All required evidence should be submitted with the initial petition.

Petition Process

A request for E-2 classification may be made on Form I-129 if the desired employee is currently in the United States. A request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States.

Refer to the U.S. Department of State website for further information about applying for an E-2 nonimmigrant visa abroad.

Costs

Costs of E-2 investor visas vary depending on a variety of circumstances.

E-2 investor visa costs generally include: 

1. $460 – Form I-129 Filing Fee;
2. $2,500 – Form I-907 Premium Processing Filing Fee; and/or
3. $205 – Form DS-160, Online Nonimmigrant Visa Application Fee.

Processing Time

E-2 investor visas are processed at varying speeds depending on a variety of circumstances. Visit the USCIS Processing Times website for the most up-to-date information.

Premium Processing

Premium processing is available for E-2 investor visa petitions. See USCIS website for details.

Validity Period

E-2 investor visa petitions may be approved for a maximum initial stay of two years. E-2 status may be extended in increments of up to an additional two years.

There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.

E-2 investors who remain in the United States longer than authorized may be barred from returning and/or may be removed (deported) from the United States.

Extensions

E-2 investor status may be extended in increments of up to an additional two years. There is no maximum limit to the number of extensions an E-2 investor may be granted.

E-2 investors who travel abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with the U.S. Citizenship and Immigration Services in this situation.

E-2 investors who remain in the United States longer than authorized may be barred from returning and/or may be removed (deported) from the United States.

Family Members

Spouses and children accompanying E-2 investors are eligible for admission in E-2 status for the same validity period as the E-2 investor.

E-2 dependents may apply for work authorization by filing a Form I-765, Application for Employment Authorization, with fee.

Last Reviewed/Updated: 05/21/2021