The E-2 visa is for investors who wish to start businesses in the United States. E-2 visas are only available to nationals of about 80 countries because the program is based on bilateral trade treaties between the U.S. and other countries (and not all countries have such treaties). In this section, we will discuss the E-2 process. Greater details on the legal requirements are found on other pages.

The E-2 process starts by selecting a U.S. business. The law allows a tremendous amount of flexibility on which type of businesses can qualify, so if we are mindful of all the legal requirements, we can probably make almost any type of business work for our clients. In the past, we have done E-2’s for businesses ranging from multinational real estate firms to solely-owned franchise businesses.

There is more than one path an E-2 case can follow. In many cases, we will apply to USCIS by filing Form I-129. A “premium processing” option is available by paying (USCIS; not RLG) an additional fee - this guarantees a response within 15 calendar days. In those cases, we then file nonimmigrant visa applications to the consulate in the investor’s home country or country of residence (presuming they are outside the U.S. at the time of applications). In the case of investors from many countries, we can bypass USCIS and submit the whole application only to the consulate or embassy in the investor’s home country or country of residence. The adjudication process varies from country to country somewhat, so we can work with clients to make a strategic decision on what makes most sense in their particular case.

An E-2 investor’s spouse and children under the age of 21 are also eligible for E-2 visas based upon the primary investor’s approval.