FAQs - US E-2 Investor Visas

Are you looking to start a company in the US, or looking for a US visa that would allow you to be self-employed in the States? If so, an E-2 investor visa could be the right visa type for you.

Below please find a list of some of the most-asked questions from our clients about the E-2 investor visa.

What is an E-2 visa?

E-2 visas – also called E-2 investor visas are temporary visas that allow the applicant to live and work in the United States after investing into a US business.

Most E-2 visa holders choose to found their own business and invest into their own company. In this case, the investment is often the start-up costs needed to make the business operational. However, it is also possible to obtain an E-2 visa by purchasing an existing business (here, the investment is the purchase price of the company), or by opening a franchise (here, the main investment is the franchisee fee, training costs, and other start-up costs needed to open the business).

Are E-2 visas available for German, Austrian and Swiss citizens?

Yes – E-2 visas are available for German, Austrian and Swiss citizens. German nationals are eligible for E-2 visas valid for 5 years, Austrian nationals receive E-2 visas for 5 years, and Swiss nationals receive E-2 visas valid for 4 years.

Citizens of these countries are also eligible to apply for E-2 visas: Albania, Argentina, Armenia, Australia, Azerbaijan, Bahrain, Bangladesh, Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Taiwan, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, the Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, the UK, and Yugoslavia.

How long are E-2 visas valid for? How long can you stay in the US on an E-2 visa?

E-2 visa validity depends on your country of citizenship. German and Austrian nationals receive E-2 visas for 5 years. Swiss nationals can receive an E-2 visa for up to 4 years.

To check the validity of E-2 visas based on your country of citizenship, please use the Reciprocity Chart issued by the US State Department, available here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

How much time do I need to allocate to apply for an E-2 visa?

This depends, but we recommend that clients contact us at least a year before they intend to move to the US. This gives clients adequate time to found their E-2 company, strategize on how to best investment, complete the investment, gather all materials, and file the application in a timely matter.

Can an E-2 visa lead to a green card?

Unfortunately, E-2 visas do not provide a direct path to permanent residency. However, the Biden Administration has stressed that entrepreneurs can be excellent candidates for EB-2 National Interest Waiver green cards.

To qualify for a EB-2 National Interest Waivers, entrepreneurs must show that they either have an advanced degree or exceptional ability in their field of work (often shown through having at least 10 years of work experience in your field, a high salary, a degree or diploma related to your field, and recognition from your peers), and that their specific work is in the US national interest. This can often best be argued by proving the positive economic impact of their work, the broad national implications of their work, and the high potential to employ US workers in this specific endeavor.

What are the advantages of E-2 visas?

E-2 visas have several key advantages. First, it is possible to apply for an E-2 visa without an employer sponsor. This makes E-2 visas a great option for individuals looking to move to the US, but who do not have employer support or a job offer waiting for them in the United States.

Another advantage of the E-2 visa is that they are renewable indefinitely. This means that for as long as your E-2 company is operating, you can continue renewing your E-2 visa and living and working in the United States. There is no maximum time limit that you are able to hold an E-2 visa, like other visa types (such as H-1B visas with a 6 year maximum, or L-1 visas with a 5-7 year maximum.) In theory, you could hold E-2 status for a lifetime, as long as the business continues to run.

E-2 visas are also excellent options for married couples, because the spouse of an E-2 visa holder receives E-2S status, which comes with unlimited work authorization in the US. Even better: Since November 21, 2021, the spouses of E-2 visa holders automatically receive their work authorization as part of their status, and are NOT required to apply for a separate work authorization document.

Lastly, depending on the Consulate you apply at, E-2 visas can also be obtained relatively quickly. The majority of our clients need around 6-8 months to plan and found their company, execute their E-2 investments, and file their E-2 applications with the Consulate. The consular processing times can vary, but as of October 2023, the E-2 processing time in Germany is 4-5 months, in Austria 2-4 weeks and in Switzerland approximately 2 months.

What are the disadvantages of E-2 visas?

The biggest disadvantage for an E-2 visa is that there is no direct path to a green card, unlike other types of U work visas. The only options that would allow an E-2 visa holder to apply for a green card is through: 1) the diversity green card lottery, 2) a EB-2 National Interest Waiver petition, 3) an EB-1 Extraordinary Ability petition, or 4) through a family member.

Children of E-2 visa holders are also not eligible to work, which can be a disadvantage for families with teenaged children who are hoping to apply for after-school jobs.

What does it mean to “invest” into a US company? 

To qualify for an E-2 visa, an applicant must show that they have founded a US company and “invested” into this company. If the applicant is starting a new company, they must own at least 50% of the company, and then “invest” funds that are used for the start-up costs of the company. Conceptually, it is best to think of the investment as the start-up costs needed for the business to begin its operations. Typical investments include costs such as office rent, designing a website, ordering supplies for the business and office supplies, professional services fees (such as attorney, CPA or tax advisor fees), marketing costs, training or professional courses related to the business, storage fees, etc. We also strongly recommend hiring a professional business consultant to prepare your E-2 business plan. The E-2 business plan must be tailored to the E-2 application as a whole, and the costs for this service can also be included as part of the investment.

E-2 visas are also eligible for applicants who want to purchase an existing business or a franchise. Here, the purchase price of the business or the franchise fee would be considered the investment into the US company.

How much money do you need to invest for an E-2 Visa?

As a general matter, we recommend clients invest at least $50,000 into their US businesses, although an investment of at least $75,000 is preferable. However, there is no specific minimum amount needed per the law in order to qualify for an E-2 visa.

The key factor when considering what amount to invest is that we must be able to argue that the investment is substantial to the business overall. This means that if the business does not need much to begin operations, an applicant would likely need to invest the full-amount needed to make the company operational. If an applicant were starting a very large or expensive business (for example, opening a factory), they would likely NOT need to invest the full funds needed to open the company to apply for the E-2 visa.

What are the steps to preparing an E-2 visa application?

We strongly recommend hiring an attorney to assist with your E-2 visa application, as this visa type is high risk due to the significant funds being invested in the United States. An experienced attorney can help guide you through this process to minimize risks. The general steps to prepare an E-2 visa are:

1. Found a US company, apply for a US business tax ID and open a business bank account. Most clients decide to found a corporation or a LLC. In most cases, an LLC is sufficient.
2. Plan and begin your investment. We recommend an investment of at least $50,000, but ideally above $75,000.
3. Gather documentation for visa application and have attorney finalize and file E-2 application. Here, you must prove that the investment was completed, your qualifications to run the E-2 business, your company’s growth potential and ability to support multiple salaries, and the company’s nationality and qualifications as an E-2 business.
4. Prepare and attend consular interview. E-2 applications are filed with the Consulates, but the final decision about an application is made after your interview. Interview preparation is crucial to a successful application.

How long does it take to apply for an E-2 visa?

We recommend that clients plan at least 6-8 months for preparing the E-2 visa application, and then allocate several months afterward for the visa processing at the Consulate. As of October 2023, the E-2 processing time in Frankfurt is 4-5 months, in Vienna 2-4 weeks, and in Bern 2 months.

If I apply for an E-2 visa, can I bring my family members with me?

Yes. If you apply for an E-2 visa, your spouse and children under 21 will also receive E-2 visas. The spouses of E-2 visa holders have unlimited work authorization as part of their visa status, which means they can work full-time, part-time, be self-employed or even work remotely for a foreign employer. Children may also attend school or study with E-2 visas. However, children of E-2 visa holders are NOT eligible to apply for work authorization. This means that teenage E-2 visa holders cannot work or have after-school jobs in the US.

What sort of businesses are good options for the E-2 visa?

Almost all businesses can be great options for the E-2 visa! The strongest businesses often have some sort of physical component – such as a store, or a physical location. Popular options include cafes, restaurants, shops, food trucks or craftsman services. Service industry companies are also popular, including handyman services, marketing service providers, business consultancies, software developers, audiovisual editing companies, and others. The options are unlimited!

What are the typical reasons an E-2 visa is denied?

One of the most important components of the E-2 visa application is the consular interview. Here, the applicant must convince the consular officer that the business is running or will soon be operational, that the investment was substantial, and that the business is likely to be successful. Making a good impression is crucial and investors must be able to explain their business idea succinctly and persuasively. If the E-2 interview does not go smoothly, it is very likely that the visa will be denied.

E-2 visas can also be denied due to the consulate’s concerns that the business is unlikely to generate US jobs, that the investment was not substantial, or that the business is not yet ready to begin operations.

However, each case is unique. In order to prepare the strongest application possible, we strongly recommend hiring an experience professional to assist and prepare your application for filing.

How can I get started and apply for the visa?

If you are intersted in applying for an E-2 visa, or would like to discuss this option in more depth, please contact Adomat Immigration at ayla@adomatimmigration.com or call us at +49 30 311 96203. We look forward to hearing from you!