Q: What constitutes a ‘Substantial Investment’ for an E-2 Visa? For E-2 visa considerations, a substantial investment is characterized as:

• Proportional to the total cost of purchasing or establishing a new business.
• Sufficient to demonstrate the investor’s commitment to the enterprise’s success.
• Large enough to support the likelihood of the investor’s successful management and direction of the business.
• There is no fixed minimum investment amount deemed “substantial” for E-2 visa purposes; this is determined by a consular officer based on the specifics of the investment.

Q: What is the duration of stay permitted on an E-2 Visa in the United States? An E-2 visa allows you to remain in the United States for extended periods with options for unlimited five-year renewals of the visa or two-year status extensions, provided you continue to meet E-2 qualifications. There is no cap on the number of extensions one can obtain.

Q: Does an E2 visa application include provisions for my spouse and children? Yes, your application for an E2 visa will include the necessary documentation and forms for your spouse and any children under 21 who will accompany you to the United States to ensure they receive E-2 visas as dependents.

Q: Can a spouse legally work in the U.S. on an E2 visa? Yes, upon approval of the E2 visa and your arrival in the U.S., your spouse can seek work authorization. Our team of U.S. Immigration Attorneys will aid with this process once you are established in the U.S.

Q: Will my children have to leave the U.S. when they turn 21? Upon reaching 21, your children will no longer qualify as dependents under your visa. They will need to either depart the U.S. or seek a different visa type. For instance, they might apply for an F-1 student visa if they are in university or pursue an OPT (Optional Practical Training) if they graduate from a U.S. college, which allows them to work temporarily in their field of study.

Q: What is the usual processing time for E2 visas? The processing time for an E-2 visa typically ranges from three to six weeks post-application submission but can vary based on the workload at the specific U.S. Consulate where the application is lodged.

Q: Is it more advantageous to start a new business or buy an existing one when applying for an E2 visa? It is generally more advisable to purchase an existing business when applying from abroad as it allows you to make the purchase contingent upon receiving the E2 visa. Funds for the purchase are held in escrow and only released upon visa approval, which minimizes your financial risk. Conversely, if you are already in the U.S., starting a new business might be a viable option, especially if you can utilize the extra time to solidify your business case for consular review later.

Q: Is it necessary to employ workers with an E-2 Visa? Yes, hiring employees is crucial as it demonstrates that the investment is not marginal and contributes to the U.S. economy. This factor is significantly considered during the renewal of your E-2 visa.

Q: Must I be in the United States to initiate the E2 visa process? No, our office in Dallas, Texas, can handle your application remotely via Skype, Zoom, email, or telephone. Contact us to schedule a consultation.

Q: Should I travel to the United States before submitting the E2 application? While it is not required, it is highly recommended that you visit the U.S. to assess potential business investments firsthand. This can be done on a 90-day ESTA or a 180-day B1/B2 visa, allowing you ample time to evaluate and finalize business purchases, though these visas do not allow you to start working.