According to US Census data, there are over 680,000 British citizens living in the US. They will be in the country through a range of different pathways, such as family or work visas. One other popular route is the E2 Investor visa, which has attracted almost 54,000 investors to the US. It is the perfect pathway if you have the financial means, ambition, and business acumen to start an enterprise in the Land of the Free.
This article introduces you to the E2 visa and helps you understand what you need to do to obtain it. It then shows you how you can use this visa to bring your workers and family members to the United States.
What is an E2 Visa?
The E2 visa allows you to come to the US to start or invest in a US company. Once the enterprise is established, you can remain in the USA to run the enterprise, although some E2 visa holders choose to hire someone to run the business’ day-to-day operations to give them greater flexibility for their other business interests.
When applying for the E2 visa, be sure not to confuse it with the E1 Treaty visa. Each visa is designed for citizens of nations with trade treaties with the USA, including the UK. However, the E1 and E2 visas have different usages and requirements. The E1 visa is for individuals who want to conduct trade between the US and the UK, and need to remain in the US for an extended period to conduct this business activity. However, you cannot use this visa to start a business in the USA.
The E2 Treaty Trader visa also has noteworthy differences from the EB5 visa as it gives your business much more flexibility. The EB5 visa requires your enterprise established in the US to create ten full-time jobs for US workers. The E2 visa does not have such a restriction.
Remaining in the US on an E2 Visa
The E2 visa is a non-immigrant visa classification. This means that the visa cannot contribute to the residency requirement for things like citizenship. However, you can use it to remain in the USA for up to two years. Once this time has elapsed, you must return home.
In theory, you can renew the visa as often as you need to, as long as you still fit the visa requirements. Each extension will allow you to remain in the USA for a further two years.
Who Can Join You in the US if You Have an E2 Visa?
A popular advantage of the E2 visa is the option to bring dependent family members and certain British staff members with you. You will need to provide additional material in your application to prove your relationship with the family members and that the British workers you are bringing are essential for the business’s functions.
Only staff conducting certain functions may join you in the US while you have an E2 visa. They must be in a supervisory or management position that gives them full responsibility over the enterprise. The individuals will also need to be British citizens if you are applying for an E2 visa as a British citizen. Submit the worker’s resume and job description, and write a supporting letter to prove that they will have this high level of responsibility.
Certain highly specialised workers can also join you in the US without needing a managerial or supervisor role. These specialist qualifications must be essential for your business, and you will need to show that their skills are not commonplace in the US domestic labour market.
E2 Visa Requirements
The foremost requirement for an E2 Treaty Investor visa is that you will be making a significant investment in a business that will be established in the US. A substantial investment is currently defined by the parameters listed below:
- It is equivalent to the cost of purchasing an enterprise or starting a new one.
- You will have at least 50% control of the enterprise or operational control within a managerial position:
- It demonstrates a financial commitment to the enterprise’s successful operation.
- Its size indicates that the investor will likely develop and direct the enterprise.
The money invested must also not come from a criminal activity. Furthermore, the business needs to be a genuine profit-making enterprise. This includes the risk of losing all or some of your investment if the enterprise fails.
E2 Visa Application Process
Before you can apply, you need to file a petition at a US consular post in the UK to establish your business in the US. Once this process is complete, with processing times depending on the post you apply at, you can apply for an E2 visa. Do so by submitting the following documentation online:
- DS-160 visa.
- A cover letter.
- A passport-style photograph.
- Evidence that you match the business ownership requirements.
- Evidence of your investment.
- Business licenses and utility bills showing the business is operational.
- Evidence the business will be profitable within five years, usually through a business plan.
- Evidence you have the skills, qualifications, experience and authority to run your business.
Then, pay the application fee and wait for processing. This is not the end of your application process. After 4-6 weeks, you will be invited to an interview at the consular post. Here, you will be questioned about the business you are establishing and your application. An immigration lawyer or advisor will be able to help you prepare for this interview, giving you the best possible chance of success.
How Can IAS Help?
All visa application processes are complicated, and the E2 visa is no different. Immigration law firms such as the Immigration Advice Service are fantastic resources for ensuring that you can smoothly begin operating in the USA. We have an expert immigration team with plenty of experience helping clients fulfill their US business and immigration dreams.
