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Required Documentation for the E2 Investor Visa

The application process for a visa to work and live in the US, such as the E2 investor visa can be a long, complicated, and frustrating experience. There are many important choices to make in this confusing process and a wrong decision can ruin your opportunity to obtain a green card through employment in the United States. This site was created to give you the information you need to make the right decisions. However, the information on this site can in no way replace good advice from immigration lawyers in USA who may update you on the current law and specific documentation or procedures required for your specific case. On that note, if you haven’t already done so, stop right now and read our homepage. It is full of surprising information that could save you time and money. Once you have read through our homepage, come back here to find out more about your particular situation.

Read below to find out clear and specific information about the documentation and steps required to obtain an E2 investor visa and ultimately be eligible to apply for your green card and US citizenship.

Individuals who are members of professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and having at least 5 years progressive experience in the professions) may seek classification in the E2 investor visa category. The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a Master's degree. Note, however, that if a doctoral degree is required for the particular profession, the alien must possess the doctoral degree.

What documents do I need to apply for an E2 investor visa?

To apply for the E2 investor visa the alien must provide the following documentation:

For the E2 investor visa:

  1. A business plan stating in detail the nature and functions of the business, the necessary initial investment, and employment projections, including any of the following as available:
    • property or real estate costs
    • Cost of materials
    • cost of employee wages
    • cost of legal, professional fee, and/or licensing fees
    • asset purchase and sale agreements
    • mortgage or loan agreements
    • contracts or letters of understanding between the treaty enterprise and customers and/or suppliers
    • articles of incorporation
    • financial statements, etc.

Note: I strongly recommend that if you are interested in obtaining this type of visa, you contact an immigration attorney specializing in business immigration. An immigration attorney may also even be able to help small enterprises to create some of the formal documents necessary if provided with the required information.

The most useful information you may provide to the immigration lawyer helping you obtain an E2 investor visa is as follows:

  • A comprehensive letter addressed to the US Immigration Service stating the extent of the principal alien's participation in the investment;
  • A statement of the applicant's unequivocal intent to depart the United States when E status ends;
  • A copy of the investment's most recent financial statement;
  • A copy of passport for all applicants;
  • A copy of the birth certificates and marriage certificate to support all secondary applications; and
  • A copy of U.S. Visa and Form I-94 (if aliens are already in the U.S.) for all applicants

Also, as discussed above, if the alien seeking the E2 investor visa is an employee of a treaty investment enterprise, then he or she should submit to the immigration lawyer evidence of the employment position including, organizational chart, job description, along with evidence of recruitment efforts made by the enterprise.

Another category of the E2 investor visa (i.e. E2 visa for aliens of exceptional ability)

Category 2 of the E2 investor visa encompasses aliens of exceptional ability. These individuals are held to be at a lower standard than the first priority aliens of extraordinary ability. This category of E visa is different from the E2 investor visa as no investment is actually required. Exceptional ability is defined as a level of expertise above that ordinarily encountered in the sciences, arts or business. In order to qualify for the E2 2nd visa category, the alien must meet specific USCIS criteria.

Procedure for E2 visa for aliens of exceptional ability (a bit different from E2 investor visa applicants)

Prior to filing the immigrant visa petition with the United States Immigration and Naturalization Service (USCIS) for either E2 investor visa or category 2 of E2 visa (for aliens with exceptional ability), the alien must first obtain a labor certification from the U.S. Department of Labor. A labor certification is a test of the U.S. labor market to determine whether minimally qualified U.S. workers are available and willing to the job in question. Only upon approval of a labor certification application proving that no minimally qualified U.S. workers who available and willing to do the job) may an alien file the immigrant visa petition with USCIS in either the E2 investor visa or category 2 of E2 visa for aliens with exceptional ability categories.

Upon approval of the immigrant visa petition, the individual and his/her spouse and children under 21 years of age may apply for their immigrant visas either through adjustment of status in the United States or through consular processing at a U.S. Consulate outside of the United States. Both the E2 investor visa and category 2 of the E2 visa provide for a waiver of the job offer requirement if it can be established that such a waiver would be in the national interest of the United States.

As a final note, I must tell you that the application and processing of both the E2 investor visa and category 2 of the E2 visa (for aliens of exceptional ability) are highly complex and with each of the visas much is at stake. As I have warned in other places on this website, one wrong move in the immigration procedure of applying for these visas or any visa in general can blow your chances of ultimately obtaining your green card and US citizenship.

To prevent any fatal error that may potentially harm your chances of getting a green card and ultimately citizenship, I strongly recommend you contact an immigration attorney in the USA to obtain legal representation and counsel for these procedures.

Best of luck to you!



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