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It is a special category of non-immigrant visa whereby businesspeople of some countries with which the U.S. has entered into trade treaties are allowed to work in the U.S. for a special category of business. E-2 visas are available to citizens of certain listed countries. Find the list of countries with which the U.S. has entered into trade treaty here.

The E-2 visa holder can work legally in the U.S. for a U.S. business in which a substantial cash investment has been made by the visa holder or other citizens of the same country of origin. The U.S. company must be a bona fide, active, for-profit business. It must be actively engaged in trade or the rendering of services and meet the applicable legal requirements for doing business in its state or region. The E-2 visa holder must have made a substantial investment in the U.S. business. The E-2 visa holder must work for a company which is either owned by the visa holder or at least 50% is owned by other nationals of the same country of origin. If the company is not owned by the visa holder, then he must be a key employee of that business.

Prospective E-2 visa holder purpose of investing should be only to develop and direct the business venture. He must have already deposited the investment money or must be in the process of investing it. He must maintain the intention of departing the U.S. This visa does not lead to permanent residency.

Visas are available for an accompanying spouse and unmarried children under the age of 21 years. Spouses will be permitted to accept employment in the U.S. but the children cannot work. Spouses and children can be of any nationality.

The initial E-2 visa may last up to two years, with unlimited possible two-year extensions. The E-2 visa holder may travel abroad and will generally be granted an automatic two-year period of readmission. If the family members are accompanying the E-2 visa holder at the time the latter seeks readmission, the new readmission period will not apply to the family members. The family members must carefully note the period of stay they have been granted and apply for an extension of stay before their own validity expires.

We, at the Law Offices of Aditya Surti, LLC can help you in applying for change of status/ extension/adjustment of status to a different visa. To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269 (Woodbridge Office). You can also email us at