FAQ’s

To be eligible for an E-2 visa, an individual must be a citizen or national of a country that has a treaty of commerce and navigation with the United States. Additionally, they must have invested or be actively in the process of investing a substantial amount of capital in a U.S. business.

There is no fixed minimum investment amount specified by the U.S. government for an E-2 visa. The investment must be substantial in relation to the total cost of purchasing or establishing the business. Factors considered include the type of business, the amount of capital required to operate it, and the investor’s financial resources.

The business in which you invest must be a bona fide enterprise that is not marginal, meaning it must have the capacity to generate more than enough income to provide a minimal living for the investor and their family. Additionally, the business must be real and active, and the investment must create job opportunities for U.S. workers.

E-2 visa holders can initially stay in the United States for a period of up to two years. Extensions are available in increments of up to two years, with no limit on the total length of stay, as long as the investor continues to meet the requirements of the E-2 visa.

Yes, E-2 visa holders can bring their spouse and unmarried children under the age of 21 to the United States as dependents. Dependents can study in the United States and may also apply for work authorization.

In most cases, individuals cannot change their status to an E-2 visa from within the United States. Instead, they must apply for an E-2 visa at a U.S. embassy or consulate abroad.

E-2 visa holders are authorized to work only for the U.S. business in which they have invested. Working for another employer would require obtaining a separate work visa.

The E-2 visa is a non-immigrant visa and does not directly lead to permanent residency (Green Card) in the United States. However, E-2 visa holders may be eligible for other immigrant visa categories or pathways to permanent residency if they meet the criteria.

To qualify for the E-5 visa, investors must meet certain criteria, including:

• Making a minimum qualifying investment of either $1.8 million or $900,000 in a Targeted Employment Area (TEA).
• Investing in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a conditional permanent resident.
• Demonstrating the lawful source of investment funds and the intention to actively participate in the management of the enterprise.

A Targeted Employment Area (TEA) is a designated geographic area in the United States that is characterized by high unemployment or rural areas with low population density. Investments made in TEAs qualify for a reduced minimum investment amount of $900,000 instead of the standard $1.8 million.

The process for obtaining an E-5 visa typically involves the following steps:

• Submitting Form I-526 (Immigrant Petition by Alien Investor) to U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation demonstrating eligibility.
• Upon approval of the Form I-526 petition, either applying for an immigrant visa at a U.S. consulate abroad or adjusting status to conditional permanent residency within the United States.
• Conditional permanent residency is granted for a period of two years, during which the investor must fulfill the requirements of the EB-5 program, including creating or preserving jobs.
• After two years, investors can apply to remove the conditions on their permanent residency by filing Form I-829 (Petition by Entrepreneur to Remove Conditions) with USCIS, demonstrating that the investment has been sustained and job creation requirements have been met.

Yes, the spouse and unmarried children under the age of 21 of the E-5 visa investor are eligible to accompany them to the United States as dependents. They can also apply for green cards and obtain permanent residency.

The E-5 visa program offers several benefits, including:

• The opportunity for investors and their families to obtain permanent residency (green cards) in the United States.
• Flexibility to live, work, and study anywhere in the United States.
• No requirement for a job offer or employer sponsorship.
• Potential path to U.S. citizenship after holding permanent residency for a certain period of time.

While the E-5 visa program offers significant benefits, there are also risks involved, including:

• The potential loss of the investment if the business fails to meet job creation requirements or encounters financial difficulties.
• The possibility of changes in immigration laws or regulations that could affect the program’s requirements or availability.
• Delays or uncertainties in the visa application process, including processing times and visa availability.