Key Takeaways
Important distinctions regarding the E-2 visa application process and requirements.
- Discretionary Authority: Compared to applications made to USCIS from within the USA, the consular officer has broader discretionary authority.
- Economic Contribution: The E-2 visa is granted not only for the investor to support their family, but also to contribute to the US economy and create employment. The consular officer must be convinced on this matter.
- Logical Link: There must be a logical link between the investor’s background and the business to be established, as well as a convincing business plan.
- Intent to Depart: Even though E-2 status can be extended indefinitely, the applicant must maintain the intent to depart the country when the status ends.
- The Narrative: The investment to be made for the E-2 investor visa must have a real, persuasive “story.”
There are two options to apply for the E-2 investor visa: applications made to USCIS within the US and applications made to US consulates in your own country. E-2 visa applications carried out through the consulate are a comprehensive evaluation where the investor’s entrepreneurial quality is questioned, rather than a technical file review. Therefore, when going to the consulate for an E-2 visa interview, one should prepare as if going to a job interview.
What are the Differences Between USCIS and Consulate Applications?
The documents you provide, your business plan, and the source of investment are of great importance for both USCIS and the consulate. However, the consular officer examines you almost like a human resources manager.
The question the officer asks themselves is: “Will this person really establish a business and add value to the US, or have they found a way to live in the US because they have money?” What is expected of you is more than saying, “This is the source of my money, and these are my documents.” The officer wants to see an entrepreneurial spirit capable of managing that money and a good story when they look at you.
Note: In E-2 Visa applications made through the consulate, interview performance and the officer’s opinion are more prominent.
The “Story” of the Investment to be Made Must Be Told to the Consular Officer
In E-2 visa applications made from the consulate, the visa officer expects the investment you will make to have a story. The officer wants to understand where you stand in this picture, rather than just the investment in your file. “Why is this person leaving their comfort zone and career in that country and taking this risk in the US? Is this a logical commercial move, or a scenario created just to come to the US?”
Therefore, your story must build a consistent bridge between your past experiences, personal skills, and the business you will establish. Simply saying, “I had the money, this business seemed profitable, so I entered it,” is a weak story. Instead, you need to explain how your accumulation in your country will lead this new venture in the US to success.
A well-constructed story gives the officer this confidence: “This investment is not a coincidence; this person knows what they are doing and has the equipment to run this business.” Remember, consular officers do not just give visas to money; they give them to the character and vision that will manage that money.
Can You Only Invest in a Field Where You Are Experienced?
No. The investor’s career in your country does not have to completely overlap with the venture in the USA; however, a “logical and convincing transition story” must be presented.
For example, in a E-2 visa application we recently concluded successfully; a client of ours operating in the construction sector in Turkey received an E-2 visa with a restaurant investment in the USA. Even though the construction and food sectors seem very far from each other on paper, the E-2 visa was approved. Our client emphasized that their goal was not just to sell food, but to “introduce the cuisine and culture of their own region to Americans.” The business plan we prepared in accordance with this vision and our client’s consistent explanation in the interview convinced the consular officer, and approval was obtained.
It Must Be Stated That the Investment to be Made Will Contribute to the USA
The basic philosophy of the E-2 visa is to provide added value to the US economy. Consular officers seek an answer to this critical question when evaluating your application: “Will this business only provide for the livelihood of the investor and their family, or will it contribute to the US economy?”
At this point, it is necessary to prove with a well-formed business plan and the story of your investment that the business is not of a scale to only support your own family. The perspective of the investment to be made should be explained, and its contribution to the US labor market should be emphasized.
Frequently Asked Questions About E-2 Investor Visa
What is the “Minimum Investment Amount” for the E-2 Visa?
A: There is no specific minimum investment amount for the E-2 Visa. Consular officers apply a “Proportionality Test” for the investment to be made. The investment to be made must be directly proportional to the requirements of the business to be established.
Is it mandatory to know English for the E-2 visa?
A: Legally, there is no language exam requirement for the E-2 visa. However, the consular officer looks at the “Capacity to Manage the Business.” If you are going to manage personnel, negotiate with suppliers, and find customers in the USA, the officer will question how you will do these things without knowing English.
Can my spouse and children come with me?
A: Yes, your spouse and unmarried children under the age of 21 can also come to the US with you.
Can I get a Green Card with an E-2 Visa?
A: E-2 is a “non-immigrant” visa and does not directly open a path to a Green Card. However, while in E-2 status, it is possible to obtain a Green Card by transitioning to other categories (such as EB-1 or EB-2 NIW) based on the growth of your business or your qualifications.