Am I a Citizen of Country that Holds an E-2 Visa Treaty with the United States?

The E-2 Treaty Investor Visa is one of the most sought-after US visa categories. Little wonder. The E-2 visa allows a person to own and operate a business in the largest economy in the world.

It can be renewed indefinitely provided the underlying business is in operation and still performing; Spouses can apply for work authorization outside the business; Dependent children can join you in America; You are not taxed in the same way as citizens and Green Card holders; You are free to travel to and from the United States; You can opt for an off-the-shelf franchise business or start your own.

Yet to qualify for this popular visa, you need to be a citizen of a country that holds a relevant treaty with the United States. Check out the list below to see if you are eligible.

List of E-2 Treaty Countries

Note: If your country is not on the list, Read on! We can still help.

  • Albania
  • Argentina
  • Armenia
  • Australia
  • Austria
  • Azerbaijan
  • Bahrain
  • Bangladesh
  • Belgium
  • Bosnia & Herzegovina
  • Bulgaria
  • Cameroon
  • Canada
  • Chile
  • Colombia
  • Costa Rica
  • Croatia
  • Czech Republic
  • Democratic Republic of Congo
  • Denmark
  • Egypt
  • Estonia
  • Ethiopia
  • Finland
  • France
  • Georgia
  • Germany
  • Grenada
  • Honduras
  • Ireland
  • Israel
  • Italy
  • Jamaica
  • Japan
  • Jordan
  • Kazakhstan
  • Kosovo
  • Kyrgyzstan
  • Latvia
  • Liberia
  • Lithuania
  • Luxembourg
  • Macedonia
  • Mexico
  • Moldova
  • Mongolia
  • Montenegro
  • Morocco
  • Netherlands
  • New Zealand
  • Norway
  • Oman
  • Pakistan
  • Panama
  • Paraguay
  • Philippines
  • Poland
  • Republic of Congo
  • Romania
  • Serbia
  • Senegal
  • Singapore Slovak Republic
  • Slovenia
  • South Korea
  • Spain
  • Sri Lanka
  • Suriname
  • Sweden
  • Switzerland
  • Taiwan
  • Thailand
  • Togo
  • Trinidad & Tobago
  • Tunisia
  • Turkey
  • Ukraine
  • United Kingdom

If your country is on the list then you can go directly to an E-2 Visa. If it is not on the list (and more than half the world’s population are citizens of countries that are not on the list), then you need to become a citizen of a country that is on the list first.

You see, unlike the EB-5 investor visa program, E-2 is determined by your country of citizenship. (While citizens of all counties are eligible for the EB-5 visa, each country is subject to an annual quota. Which EB-5 country quota you are subjected to is dependent on your country of birth rather than country of current citizenship.)

But with E-2 visa, obtaining dual citizenship or a new citizenship will make a difference to your eligibility.

So you need to become a citizen of one of the countries on the above list.

While several of these countries offer a pathway to citizenship, the timing and cost can be prohibitive. For example, you can invest your way to UK residency for £2 million. This sets you on a path to possible citizenship, that takes six years. You can reduce this time if you invest more. But even with a £10 million investment, it will still take 3 years to be eligible for citizenship.

That is quite the wait for the E-2 visa. Besides, if you ultimately looking to move to the United States and have such sums of money to invest, you might want to consider the EB-5 investor visa instead. Under this program, a family can all receive Green Cards in exchange for a $900,000 investment.

Yet there are two countries on the list that offer fast and cost-effective routes to citizenship: Turkey and Grenada. We have helped clients obtain E-2 visas via both countries. It takes a matter of months to complete the entire process.

Grenada offers citizenship in exchange for a real estate investment from $220,000 or a donation to the government of $150,000 (more depending on how many family members you are bringing). It takes less than three months to obtain the passport, you don’t need to visit during this process, and Grenada allows dual citizenship so you do not need to give up your existing citizenship (unless this is required by the other country).

Turkey offers citizenship in exchange for a $250,000 investment in Real Estate or a $500,000 in bank deposits held with a Turkish bank. The process takes only slightly longer and citizenship can be obtained in just a few months.

Both countries offer many benefits aside from the E-2 visa. Both are dynamic economies with considerable investment opportunities. Some of our clients prefer Turkey because it is an international transit hub often en route between their home country and the United States. Others prefer Grenada for its proximity to their new home in the United States.

A third option is Montenegro. It is newer and a bit more expensive that the other programs. It requires a minimum €250,000 investment in Real Estate as well as a €100,000 donation. Montenegro shares a border with the European Union and it is a candidate for membership.

Our attorneys can talk you through the whole process. Our clients who have pursued this route have found it surprisingly simply. To discuss your circumstances with our team, please contact us to arrange a free consultation.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


E2 Visa: You Now No Longer Need a Physical Office Space

By Sukanya Raman, Associate, D&A Mumbai Office

On July 17th 2020, the Foreign Affairs Manual (FAM) was updated by the United States Department of State (DOS). The updates state that an applicant need not have a physical office space to qualify for E Visa.

E-1  Treaty Trader and E-2 Treaty Investor visa applicants shall benefit the most. E-1 and E-2 visas are non-immigrant visas. Under an E-1 visa, applicants of the treaty country are permitted to enter the U.S. wholly to engage in international trade. Under the E-2 visa, applicants of the treaty country are permitted to enter the U.S. by investing a substantial amount of capital in a U.S. business.

The E visa the classification has a lengthy list of requirements, a few of the  general ones are as follows:

Treaty Agreement

Nationality of E visa qualifying country

50% ownership and/or control & possession

Trade is predominantly between the United States and the treaty country

Enterprise must be real and operating a commercial enterprise

Substantial capital investment

Must be in the position to “develop and direct” the enterprise

Physical office space (no longer mandatory)

Above mentioned are a few mandatory requirements for the E visa application. However, having a physical office space is now optional to qualify for an E visa application.

E visa can now be available for businesses with virtual offices in the U.S. This gives the flexibility to  the applicants to save a huge amount of money from the substantial capital investment in leasing office space and other associated costs to it. We see a lot of clients substantial capital investment amount was invested in leasing the office premises, which they can now utilize in the business for explanation or for development, provided the other requirement of the E visas are met.

The new FAM  reads as “An applicant does not necessarily need a physical office space to qualify for an E visa.  Although having physical office space may be relevant in determining whether the requirements for an E visa have been met, it is not a requirement to qualify for the visa.”

The E-2 Visa is available to citizens of Treaty Countries. Click here to see if your country is on the list. If your country is not on the list, it is possible to become eligible by first obtaining citizenship of an E-2 Treaty country. Click here to learn more about this process.

sraman@usimmigrationadvisor.com

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.


EB-5 Visa Quotas in 2021

E2 Visa Validity and Authorized Stay in the United States: Know the Difference

Cost of EB 5 Visa

Mark I. Davies is the Global Managing Partner and founder of our firm. Mark also Chairs our Global Business and Investor visa team and focuses his practice on EB5, L1, E2 and other business and investor visa solutions.

 

There is significant confusion as to the difference between E2 visa validity and the period of authorized stay in the United States.

What an E2 Visa Does?
A valid, unexpired, E2 visa gives you the ability to come to the US border and seek entry to the United States in E2 status.  Although an E2 visa does NOT grant the right to be inside the United States in E2 status or any other status it ordinarily results in a visa holder being lawfully admitted to the United States in E2 status.Beyond the tweet, there is very little detail on what would be covered in the executive order. Immigration is a broad concept in the United States, ranging from asylum and the rights of undocumented workers to green cards for investors under the EB-5 Visa program. Would, for example, spouses of Americans (K-1 visas) be included in a ban?

What is E2 Status
E2 status is legal status granted to individuals located in the United States who have been admitted to the United States under the terms and conditions of the E2 program or had their status changed to E2 status from another visa category.

How do I obtain E2 Status?
There are two ways to obtain E2 status:

  1. Using an E2 Visa to Seek Entry to the United States at an International Border
    When you use your E2 visa to come to a US border and seek entry to the United States the CBP officer at the border will approve or refuse your admittance into the United States in E2 visa status. Usually the officer at the border will admit the holder of a valid E2 visa holder into the United States for a period of two years of authorized stay, regardless of when the E2 visa expires.Please note that while a period of two years is usually granted on occasion CBP officers have granted a period of authorized stay of less than two years.  In addition, CBP officers often make mistakes when documenting the period of authorized stay in the US Government’s computer systems.
    Retrieve your Form I-94 here
  2. Change of Status
    If you are already in the United States in another visa status it is possible to “change status” to E2 status from within the United States.   In this way it is possible to be in lawful E2 status in the United States without ever having obtained an E2 visa.


My Authorized Stay is About to Expire but my E2 visa is still Valid?

The fact that you have a valid E2 visa is irrelevant to your period of authorized stay in the United States.  To extend your period of stay in lawful E2 status you can either:

  1. Apply for an extension of status form USCIS; or
  2. Leave the country and re-enter the US using your valid E2 visa. You will likely be given another two (2) year period of stay when you re-enter the US.

I am Inside the US and my E2 Visa has Expired
The fact that your E2 visa has expired is completely irrelevant to your period of authorized stay in the United States.  You can continue to live and work in the US until your period of authorized stay has expired.

When you next leave the United States you will need to go to a US consulate to obtain a new E2 visa renewed.  You will need a new E2 visa to re-enter the United States.

How do I know How Long my Period of Authorized E2 Stay is or if a Mistake has Been Made?
Every time you enter the US you must, within 24 hours, download a copy of your I-94 after entering the US.

Make sure the details are correct and that you have been granted a period of stay of two years.  If there is a mistake you can return to CBP at the port where you entered the US to have changes made.