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The United States has various treaties of commerce and navigation with various other countries. In case the nationals of these countries visit the US to invest a substantial amount of capital, then this person is given a non-immigrant visa status by the Immigration and Nationality Act.
How to Apply For E2 Visa:
For E2 Visa you need to apply with the US Embassy or Consulate that has jurisdiction over your area of permanent residence. The following forms and procedures form part of their process:
- You have to complete and sign the application Form DS-156E.
- You have to possess a valid passport that has a validity of at least six months after the period you intend to stay in America.
- You must submit one photograph.
- You have to complete and submit the Form DS-157.
- You will most probably have to undergo an interview at the embassy consular section. At this time, an ink-free, digital fingerprint scan will be taken.
Eligibility For E2 Visa:
While applying for E2 Visa, you should first show that the investment enterprise has satisfied all the legal requirements. Next you have to show and prove the following:
- The investor (maybe a real or a corporate person) is a national of the treaty country.
- There must be a suitably adequate and substantial investment to successfully operate the enterprise.
- There must be income generated and a significant economic impact should be felt in the US economy. For these purposes, the investment cannot be marginal.
- You have to be the principal investor or at least employed in a supervisory, highly specialised or executive capacity. If you are ordinary skilled or unskilled worker, you do not qualify for this visa.
Length of Stay and Extension For E2 Visa Holders:
The holder of this visa can stay in the US only as long as he/she holds his/her status with the firm they represent. You have to depart from America before the date authorised on your visa or you will be out-of-status.
E2 Visa Holders Whether Qualified to Apply for other Visas & Citizenship:
The spouse and young unmarried children (below 21 years of age) can receive derivative visas to accompany the principal E visa holder. The spouse can apply to the DHS to authorise the visa for employment purposes. However, the dependent children are not authorised to be under employment in the US.
In which case your E2 Visa Application will be rejected:
In the following situations, your E2 Visa Application will be rejected:
- If you have wilfully misrepresented facts or committed fraud to obtain a visa.
- If you belong to the class of persons mentioned in The Non-immigrant Visa Application, Form DS-156 as persons who are ineligible under U.S. law to receive visas. However, if you can be properly classified as a treaty trader or treaty investor, you can apply for a waiver of ineligibility. If this is approved, you can get a visa.
Conclusion of E2 Visa:
Any queries as to whether you can be classified in this category and about the visa procedures involved must be addressed to the American Consular office where you wish to apply. |
