Get in touch
949-316-0078
info@santolloydlaw.com
Everything an Entrepreneur Needs to Know
Angelica Rice • December 9, 2021
Click here to read this article in Portuguese and Spanish
E-2 visas are one of the most popular business visas for entrepreneurs wanting to come start a business in the United States.
They are advantageous because there is no quota for them (as long as one is eligible for the visa it can be granted at any time), they can be renewed or extended an unlimited amount of times, and the investment cost is far less than the EB-5 visa, far less than $500,000. Lastly, the number of employees the business is expected to support for an E-2 visa is about 3-4, not a minimum of 10 like the EB-5. The only drawback is that they are not a direct path to a green card.
Is the E2 visa right for you? Keep reading to find out.
What is an E-2 visa?
The E-2 visa is a Treaty Trader and Investor Visa for the United States. It is a US non-immigrant visa category, and it is issued for individual investors or investing companies from countries that have a treaty with the United States. The investment can be in any industry or business.
Does my country have a treaty with the US?
In order to be eligible for an E-2 visa, your home country must have a treaty with the United States that allows you to be eligible for the visa. A complete list of treaty countries can be found on the Department of State website, see the link below.
Does my country have a treaty with the US?
In order to be eligible for an E-2 visa, your home country must have a treaty with the United States that allows you to be eligible for the visa. A complete list of treaty countries can be found on the Department of State website, see the link below.
What are the eligibility requirements for an E-2 visa?
To be eligible for an E-2 visa, there are several criteria that you must meet, such as:
- If you are an individual investor, you must be the national of a country that has an investment treaty with the US.
- If the applicant is a company, it must be owned at least 50% by a treaty investment country.
- If a company is sending an employee with an E-2 visa, the employee must be a national of a treaty investment country, as well as be in a supervisory, managerial, executive, or specialized knowledge position (essential employee).
- The investor (individual or company) must have the intent to invest a substantial amount of capital in an existing or new bona fide business. A bona fide company is a real company that produces products or services and is profitable.
- The investor (individual or company) must ensure that the business generates more profit than to just make a living. New businesses are exempt from the requirement of marginal profit, but should meet this requirement within five years.
- The investor (individual or company) must have the goal to develop the business further through that investment.
- The investor (individual or company) must place the funds in a bank account or an agent until their visa is approved.
- The investor must have the intention of returning to their home country once their work is completed.
The last requirement is one of the most important, as most people tend to run into issues with this as their stay in the United States continues. This especially becomes an issue and is a potential violation of the E-2 visa status, when one desires to apply for an EB-2 visa while still in the US. Please visit our related article on EB-2 business visas
by Kyle Huffman
for more information on EB-2 visas.
The target investment amount for an E-2 visa is usually between $100,000 - $200,000, however, under certain circumstances, a smaller investment is sometimes sufficient to meet the requirement. The reverse is also true, as an investment larger than $100,000 - $200,000 certainly meets the requirement, should the business be one that needs such funding.
How long is my E-2 visa valid for?
The length of the validity of your E-2 Visa depends on your nationality and can range from 3 months to 5 years. This is also known as the ‘reciprocity period’. Essentially, the validity period of the E-2 Visa is established by the Treaty between your country and the United States.
The validity period is the timeframe the E-2 Visa is issued for: until your E-2 Visa expiration date you will be allowed to enter the United States.
How long may I remain in the United States after I enter with my E-2 visa?
This is known as the “period of stay”, which is different from the “validity period” mentioned above. The period of stay is the length of your stay in the United States regardless of your E-2 visa validity period. The period of stay will be assigned upon your arrival in the United States and for the E-2 Visa is going to be 2 years. If you wish to remain in the United States longer, you must either renew or extend the period of stay of your E2 Visa.
What is the difference between Renewal and Extension?
The difference lies in whether one plans to remain in the United States to extend their visa, or if they are willing to travel back to their home country and renew their visa at the consulate.
Should you choose to leave the United States and reenter, your E-2 visa will automatically be renewed for another 2 years.
If you wish to remain in the United States and extend your E-2 visa, you must file an I-539 application with USCIS. Extensions are granted in 2-year increments and can be extended as many times as the investor wants. Extensions will be granted so long as the investor continues to meet all the eligibility requirements for the E-2 visa and continues to prove their intent to return to their home country.
If an E-2 investor becomes eligible for another kind of visa, they may file for a change of status with USCIS.
Can I include my dependents on an E-2 visa?
Yes. Dependents include the spouse and unmarried children under 21 years old of the primary visa holder. They may apply at the same time as the primary visa holder or later on after the E-2 visa has already been granted.
With an E-2 visa, dependents are allowed to study and the spouse is allowed to work. As of November 12, 2021 an E-2 spouse’s ability to work is incident to their E-2 status. This means that if an E-2 spouse has the documents to show that they are in valid E-2 status (i.e. an E-2 approval notice and valid I-94), they may work without having to file an application for employment authorization (Form I-765). If the spouse still wants a physical EAD card and wants to have documentation to show the work authorization and their identity, they may file an I-765 application but they do not have to.
If the dependents want to extend their stay, they must file an I-539 application. They do not get automatic renewals if they leave the US and return. Additionally, if the primary visa holder changes their status, the dependents also become eligible for change of status.
What is the processing time for an E2 visa?
Processing times vary depending on whether you are applying at a consulate or within the United States with USCIS. If applying with USCIS, processing time is usually between 3-5 months. For the most up to date processing times, please visit the USCIS processing times webpage below.
If applying at the consulate, the processing time varies depending on the country you are applying in.
How many times can I enter and exit the United States using my E-2 visa?
Whether an E-2 visa is issued for a single entry or multiple entries, is dependent on your country’s treaty with the United States, specifically the reciprocity table on the State Department Website. See the link below.
If you would like to know more about applying for an E2 visa, please contact Santos Lloyd Law Firm and our talented team of experienced immigration attorneys will be happy to assist you!
Similar Posts
Embarking on the exhilarating journey of launching a new tech startup in the United States is a venture that blends innovation with ambition, and the dynamic landscape of the country offers an unparalleled stage for entrepreneurs to turn their groundbreaking ideas into thriving businesses. The United States highly values its position among the technology leaders of the world. In a nation fueled by a relentless pursuit of technological advancements, the process of bringing a startup to life involves navigating through a myriad of opportunities, challenges, and regulatory landscapes. This is particularly true for foreign entrepreneurs, who must also navigate the immigration system in addition to focusing on launching their businesses. Nevertheless, the United States recognizes the value in bringing technological innovators into the country and has created special considerations for immigrants with education in STEM (Science, Technology, Engineering, and Mathematics) who are seeking to develop important cutting-edge technologies in the United States. These special considerations apply to the EB-2 National Interest Waiver, an immigrant visa classification which leads to permanent residency, and eventually citizenship in the United States. At the heart of every EB-2 National Interest Waiver petition is a proposed endeavor, and while these proposals for the United States can be about nearly anything, the Immigration Service is directed to recognize particular importance for proposals that aim to develop specific technologies that the Biden administration has identified as critical for U.S. competitiveness and national security. In particular, these areas of critical and emerging technologies include: Advanced Computing Advanced Engineering Materials Advanced Gas Turbine Engine Technologies Advanced Manufacturing Advanced and Networked Sensing and Signature Management Advanced Nuclear Energy Technologies Artificial Intelligence Autonomous Systems and Robotics Biotechnologies Communication and Networking Technologies Directed Energy Financial Technologies Human-Machine Interfaces Hypersonics Networked Sensors and Sensing Quantum Information Technologies Renewable Energy Generation and Storage Semiconductors and Microelectronics Space Technologies and Systems If you are a tech entrepreneur with an education in a STEM field, seeking to launch a startup in the U.S. developing any of these technologies, the EB-2 National Interest Waiver might be your ticket to permanent residency. Whether you're drawn to the iconic landscapes of Silicon Valley or the emerging tech scenes across the nation, the time is now to make your mark. If you are interested in applying for a National Interest Waiver to launch a startup in the United States, schedule an appointment with one of our skilled attorneys.
In the landscape of U.S. immigration law, the pursuit of an employment-based green card can be a significant milestone for foreign nationals aspiring to establish their careers in the United States. Among the various pathways available, self-sponsorship for an employment-based green card stands out as an option that grants individuals the ability to sponsor their own immigration journey, offering a unique opportunity for skilled professionals and entrepreneurs. Traditionally, most employment-based green card categories require an employer to sponsor the foreign national, demonstrating the need for their skills or expertise. However, certain visa categories permit self-sponsorship, allowing individuals to petition for permanent residency without a specific employer's sponsorship. These include: 1. EB-1A Extraordinary Ability: Individuals with extraordinary abilities in the sciences, arts, education, business, or athletics may self-petition for an employment-based green card. They must demonstrate sustained national or international acclaim, providing extensive evidence of their achievements in their field. 2. EB-2 National Interest Waiver (NIW): This category enables individuals whose work is deemed to be in the interest of the United States to self-sponsor. Applicants must demonstrate their work's significance and how it benefits the nation as a whole. 3. EB-5 Immigrant Investor Program: Entrepreneurs investing in a new commercial enterprise that creates jobs for U.S. workers can self-petition for an employment-based green card. They must meet certain investment thresholds and fulfill job creation requirements. While these classifications have the advantage of allowing an individual to self-petition, each of these applications have distinct, stringent requirements to meet. This route can be challenging, requiring substantial evidence and a compelling case to prove extraordinary abilities or qualifications. Additionally, meeting the high standards set by USCIS for self-sponsorship can be demanding, necessitating thorough preparation and documentation. Navigating the complexities of immigration law, especially concerning self-sponsorship, often requires professional legal guidance. Seeking assistance from experienced immigration attorneys or consultants can significantly enhance the chances of a successful self-sponsored green card application, ensuring compliance with the intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys. We look forward to working with you.
On January 29, 2025, President Trump signed the Laken Riley Act into law, significantly altering how immigration policies are enforced in the United States. This legislation grants State attorneys general and other authorized officials unprecedented authority to interpret and implement federal immigration policies. It also empowers them to take legal action against the federal government if they believe federal immigration enforcement negatively impacts their state. With this new authority, states now play a direct role in shaping immigration outcomes—a responsibility traditionally held by the federal government. One of the most immediate effects of the Laken Riley Act is that it allows states to seek injunctive relief to block the issuance of visas to nationals of countries that refuse or unreasonably delay the acceptance of their citizens who have been ordered removed from the United States . This means that if a country does not cooperate with U.S. deportation efforts, its nationals—regardless of their legal status—could face significant difficulties obtaining or renewing visas. As a result, foreign nationals from these countries may encounter increased uncertainty when traveling internationally or securing work authorization in the U.S. Beyond visa processing, the law introduces a new level of unpredictability into the immigration system. By allowing state attorneys general to intervene in federal procedures, and immigration policies that may now vary based on state-level decisions. In the coming months, it remains to be seen how individual states will wield this power—whether they will actively seek to block visa issuance or push for broader immigration enforcement measures. For foreign nationals and employers, staying informed about which countries are deemed “uncooperative” is now more important than ever. Those needing visa renewals or planning international travel should prepare for potential delays and seek professional guidance to navigate these uncertainties. The Laken Riley Act also mandates federal immigration authorities to detain and deport individuals without legal status who are charged with certain offenses, including minor theft or shoplifting, assaulting a law enforcement officer, and crimes resulting in death or serious bodily injury. This provision underscores a stricter approach to immigration enforcement, affecting individuals accused of both minor and serious offenses. With immigration policies now subject to a new layer of state involvement, it is more important than ever to stay informed and prepared for potential challenges. If you have concerns about how the Laken Riley Act may affect your immigration status or business, contact Santos Lloyd Law Firm for strategic counsel tailored to your needs.
On January 28, 2025, Secretary of Homeland Security Kristi Noem vacated the January 10, 2025, decision by former Secretary Alejandro Mayorkas that had extended the 2023 designation of Temporary Protected Status (TPS) for Venezuela and ordered that his January 17, 2025, notice re-designating Venezuela TPS be vacated. This action has understandably caused confusion and concern among Venezuelan TPS beneficiaries and those with pending applications. It is critical to clarify that this does not mean that the TPS program for Venezuela has been eliminated . Instead, the Department of Homeland Security (DHS) must now reconsider whether to re-designate (extend) or terminate the previous Venezuela TPS designations from 2021 and 2023. What Does the Vacatur Mean? Because the January 17, 2025, TPS extension was vacated, the most recent valid TPS designation for Venezuela remains the October 3, 2023, designation . The vacatur does not immediately affect TPS protections for individuals covered under the prior designations. However, DHS must make key decisions in the coming months: By February 1, 2025 , DHS must decide whether to extend or terminate the October 3, 2023, designation . By July 12, 2025 , DHS must decide whether to extend or terminate the March 9, 2021, designation . If the Secretary does not make a timely determination (for example, if the Secretary were not to make determination by February 1, 2025 whether to extend or terminate the 2023 Venezuela TPS designation), then the statute provides for an automatic extension of the designation for an additional period of 6 months . INA 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Until these decisions are made, TPS remains in effect under the previous designations , and those who have already been granted TPS are not immediately impacted. Who Is Affected and What Should You Do? Current TPS Holders If you were already granted TPS under the March 9, 2021, or October 3, 2023, designations, your status remains valid. You must continue to comply with all re-registration requirements to maintain your protection and work authorization. Re-registration period: TPS beneficiaries under the 2021 and 2023 designations must re-register between January 17, 2025, and September 10, 2025 , to maintain their legal status and work authorization. Individuals with Pending TPS Applications as of January 17, 2025 If you applied for TPS before January 17, 2025 , under a previous designation, your application will continue to be processed . If your application is approved, your TPS protection will remain valid at least until April 2, 2025 . There is no need to reapply. Individuals Who Applied for TPS Between January 10, 2025, and January 28, 2025 If you applied for TPS during this period, USCIS will cease processing your applications and issue refunds of any fees paid in association with those applications . Additionally, USCIS will invalidate EADs; Forms 1-797, Notice of Action (Approval Notice); and Forms 1-94, Arrival/Departure Record (collectively known as TPS-related documentation) that have been issued with October 2, 2026 expiration dates under the January 17, 2025 Mayorkas Notice. What Happens Next? Given the Biden administration’s prior support for TPS, many expect DHS to extend or re-designate Venezuela for TPS rather than terminate it . However, no final decision has been made , and Venezuelan nationals with TPS or pending applications should continue to follow updates closely. What Should You Do Now? If you currently hold TPS , continue to comply with all TPS renewal requirements and remain aware of DHS’s upcoming decisions. If you have a pending application , check USCIS updates regularly and consult with an immigration attorney for the latest guidance. If you applied between January 17, 2025, and January 28, 2025 , seek legal counsel to understand how the vacatur may affect your application. Stay Informed and Get Legal Guidance Our immigration firm is closely following these developments and will provide updates as soon as DHS makes its decision. If you have questions about your TPS status or how this memo affects your case, contact our office today for a consultation. For more information, refer to the official DHS notice on the vacatur: Vacatur of 2025 Temporary Protected Status Decision for Venezuela .
On January 20, 2025, President Donald Trump signed an executive order titled "Protecting the Meaning and Value of American Citizenship," which aims to end birthright citizenship for certain children born in the United States . This order specifically targets children born to mothers who are either unlawfully present or temporarily in the U.S. on visas, such as student, work, or tourist visas, if the father is neither a U.S. citizen nor a lawful permanent resident. Under this new policy, these children will no longer be granted automatic U.S. citizenship. The order is set to take effect 30 days from its signing and applies only to births occurring after that period, meaning it does not retroactively affect children born before the effective date. This executive order challenges the long-standing interpretation of the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all individuals born on American soil . The amendment states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." For over a century, this provision has been understood to grant citizenship to most individuals born in the U.S., regardless of their parents' immigration status. In response to the executive order, immigrant rights advocacy groups, including the American Civil Liberties Union (ACLU), have filed lawsuits challenging its constitutionality . They argue that the order violates the clear mandate of the 14th Amendment and undermines fundamental American values. Legal experts anticipate that this issue will be contested in courts, with the potential for the order to be blocked or overturned. On January 23, 2025, a federal judge in Seattle issued a temporary restraining order (TRO), effectively blocking the executive order from taking effect for the next 14 days . The court cited potential constitutional violations and the need for further legal briefings before any enforcement could proceed. This ruling provides temporary relief to affected families and signals the likelihood of a prolonged legal battle. Further hearings are scheduled to determine whether the order will be permanently blocked or allowed to proceed. For families affected by this order, there is growing concern about the potential challenges their children may face without U.S. citizenship. Access to essential services, education, and employment opportunities could become more difficult for those impacted. However, it is important to remain hopeful, as the legal system provides checks and balances to ensure that any executive action aligns with constitutional principles. Historically, similar attempts to restrict birthright citizenship have faced significant legal challenges and have not been upheld . If you or someone you know may be impacted by this executive order, staying informed and understanding your rights is crucial. At Santos Lloyd Law Firm, P.C., our trusted immigration attorneys are available to provide guidance and support during this uncertain time, please contact us if you need assistance.
