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. 

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: We 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 we 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.

Visa to Work in USA. E2 investor visa and Green Card through Employment

A prime example of a visa to work in USA is an E2 investor visa. This type of visa allows you to stay in the United States for several months at a time. An immigrant is a foreign national who has been authorized to live and work permanently in the United States.

If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, a very easy way of doing this is applying for an E2 investor visa; visa to work in USA. Another option would be to enter the United States through the E1 treaty trader program.

• First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of the US dept of immigration’s paths to lawful permanent residency such as an application for status of E2 investor visa holder (visa to work in USA).
• Second, most employment categories require that the U.S. employer complete a labor certification request for the applicant, and submit it to the Department of Labor's Employment and Training Administration.
• Third, the bureau citizenship and immigration services must approve an immigrant visa petition, Petition for Alien Worker, for the person wishing to immigrate to the United States.

The employer wishing to bring the applicant to the United States to work permanently as an E2 investor visa holder and holder of a visa to work in USA files this petition.

The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) of the visa to work in USA (i.e.E2 investor visa) who wants to live and work on a permanent basis in the United States.

• Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa to work in USA has been assigned to the applicant.
• Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number become available.

If the applicant for the visa to work in USA is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

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