Every process is a waiting game that nobody could escape to. The same goes for the processing time of an E2 visa. With weeks and months of preparation for the visa application, the result is years of stay in the United States of America to execute your business.
There are several ways to complete the completion of an E2 visa. Also, some process it on their while some consult the help of an immigration attorney. You can get advice through one of the best immigration lawyers at ashoori.com. On top of that, these legal advisors’ use expedites the process as they spare you from a thorough research of what should be done.
Here in this section, we will give you a heads up about how long the processing time for an E2 visa usually takes. This helps you assess when you should file to avoid any delays in your personal and professional schedules.
What is an E2 Visa?
This kind of access is issued to non-immigrant investors. The purpose of this access is to grant the holder a permit to conduct substantial business and investment in the United States of America.
For you to get this type of visa, you have to follow all the requirements necessary. The first requirement is if the country you will be getting this visa from has an E2 Treaty with the United States of America. The second essential requirement is that you have to have a substantial business or investments to run or manage in the U.S.
- You must be a citizen of a country with an E2 treaty with the United States of America.
- It would be best if you had a substantial business or investment in a USA business.
- The business that you have or invest in must be an active, bonafide enterprise.
- Your business must not be classified as a marginal enterprise.
- Your investment funds must be put “at-risk.”
- You must have acquired your business or investment funds lawfully.
- You must direct and develop the E2 business.
- You must have the intent and initiative to leave the United States of America when your E2 visa expires.
After meeting all these requirements, you are now bound to follow the process of approval.
Step by Step Process of the E2 Visa
It would be best if you had an idea of the consecutive sequence of the process to prepare what you need in every milestone of the process.
Step One – Seek Advice with an Immigration Lawyer
An immigration lawyer is an excellent help in obtaining an E2 visa. Aside from knowing what you need to do, they are expert enough to help you with your options. Say, for example, if you need the visa in a short period or if you have some files that might derail your application. On top of that, they can guide you all the way to secure that there will be no lacking document in your petition.
Step Two – Setting Up your E2 company.
It is one of the requirements for a substantial business to run in the United States of America. There are two measures in setting up your E2 company.
- Company Formation – You can choose whether your company will be an LLC, corporation, or other business formation. Also, you should at least own fifty percent of the enterprise. This is to show that you have operational control of the business.
- Opening of a Bank Account for the E2 company – Of course, you need a bank account to operate the business. Plus, the bank account statement is an excellent form of evidence in approving your E2 visa application.
Step Three – Transferring of Investment Funds to the E2 Company Bank Account
To qualify for the E2 visa, you must make a substantial investment in a U.S. business. This is to prove that you can make a significant investment in the business itself. Furthermore, there is no minimum investment required, but we suggest you deposit $100,000 to $150,000 at least to make the approval faster.
Step Four – Spend the investment fund.
One of the requirements in an E2 visa is to put the investment at risk and irrevocably committed. In that sense, you need to spend the funds on essential matters to make the business operational. This can include inventory, furniture and fixtures, marketing, and other factors that a business needs to start up.
If you keep the investment sitting on your bank account when filing, you will be denied right away as you have not met one of the requirements.
Step Five – Submission of E2 Petition
Once your company is up and operating, you can now finally submit a request for the type of visa. However, there are two options that you can consider.
- USCIS: Change of Status – This process is done for a non-immigrant that is changing its status. Also, this type of process is done within the United States of America. Also, you will need to file an I-129 form, which your immigration officer will handle.
There is also no interview to be done when changing E2 status. It would be best to remember that you can not travel abroad while the E2 status change is still pending. Once you have an E2 status, you must stay in the U.S. to maintain your level; the moment you leave the U.S.; you will lose your situation too.
- U.S. Consulate: Visa Processing – Now, this is processed outside the United States of America. You will do it in the U.S. Embassy abroad. Also, the form you need to file is DS-160 with the help of your immigration attorney. Unlike the E2 Status change, you can travel in and out of the United States of America within the E2 visa validity period.
Overall, the estimated time frame is two to five months, sometimes ranging from nine months processing time. This depends on your documents and the status of your business. But if you are in a hurry, there is a shortcut. That is if you use the premium processing service. With this, the USCIS will consider your application as urgent. But this comes with a fee and will guarantee 15 calendar days to process your application.
Now that you know the timetable for processing an E2 visa, you can now plan when to file and seek legal advice. We hope that this has helped you in your journey to your application.