Qualifying for an E-2 Visa – FAQs

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By: Angelita Chavez

Question: I am an entrepreneur with a successful business in my home country. I am interested in starting a business in the United States. What is the best visa option for me?

Chugh Answer: The E-2 Visa for Treaty Investors is a great option. This is a non-immigrant classification for nationals of a country which have a trade agreement with the United States.

There are various benefits of an E-2 visa, including the ability to work and travel freely outside and within the United States. Nationals from Mexico and Canada for example, are eligible if they meet certain requirements. Other eligible countries include Australia, France, Thailand, and Ethiopia, just to name a few.

One of the benefits of the E-2 visa is that certain employees of the visa-holder, or of the organization, may also be eligible for this same visa.

Question: This sounds really interesting to me. What are the requirements?

Chugh Answer: There are several requirements. First, you must be a national of a country that has a trade agreement with the US. You must also have invested or plan to make a substantial investment of capital in a US company. Moreover, the E-2 investor must enter the United States only to develop and manage the investee company.

USCIS defines a “substantial” investment as:

  • Substantial in terms of the total cost of either buying an already established enterprise or establishing a new business
  • Sufficient to ensure successful operation of the enterprise
  • Supporting likelihood of developing and directing the business

An experienced immigration attorney can walk you through the details of each requirement and help you determine if you qualify.

 Question: How long can I work on the E-2 visa in the United States?

Chugh Answer: Initial approval of the E-2 is for two years. After this, there are unlimited extensions of two years.

Question: This sounds like a promising option for me. Does Chugh, LLP have experienced attorneys that could assist me in navigating US laws and establishing my corporate venture?

Chugh Answer: Yes. Chugh, LLP has seasoned corporate attorneys that can assist you in setting up your corporation. Additionally, we have expert Certified Public Accountants (CPAs) that can help you navigate US tax laws. And of course, our experienced immigration attorneys can help you secure an E-2 visa.

Contact Us

To find out if the E-2 visa is a good option for you, or for questions regarding corporations, please do not hesitate to contact Chugh, LLP.