Frequently Asked Questions: Visas, Green Cards & Immigration Law

You probably realize that, as with all non-immigration visas, there is a finite amount of time that you will be able to spend in the US. Under an E-2 visa, investors and employees (and in some cases, their dependents) will be allowed a maximum initial stay of two years.

However, many visa holders may extend the duration of their stay. Here are a few things investors, employees, and dependents should know about staying in the US with an E-2 visa:

• Extension requests of visa status may be granted in increments of up to two years each.
• There are no limits to the number of extensions an E-2 visa holder may be granted, as long as the applicant maintains an intention to depart the United States when his status is terminated.
• An E-2 visa holder traveling abroad may be granted an automatic two-year renewal of stay upon readmission to the United States.
• Family members of traveling visa holders may not receive an automatic extension of stay unless they have accompanied the E-2 treaty investor or employee at the time of readmission to the United States.

The amount needed for a U.S. residency visa varies and depends on the nature of the business the investor creates or directs. While there is no minimum amount that can be invested in a business for an E-2 visa, funds generally start at around $100,000. However, it is important to note that these funds are at significant risk, since they are often invested before the visa has been approved. 

In order to qualify as a “substantial amount of capital” by the U.S. Citizenship and Immigration Services, your investment amount must be:

• A significant combination of funds and/or assets that can be placed at commercial risk in order to generate a profit, and which can be subject to partial or total loss if the investment fails 
• Enough to satisfy the total costs of purchasing an enterprise or establishing a new one, including building erection, renovation, permits, and daily operational costs 
• Sufficient funds to ensure an investor’s financial commitment to the success of the business
• Higher than the lower initial enterprise costs
• Enough to suggest that the treaty investor will develop the enterprise into a success
• Documented, and it must be proved that the funds have not been obtained, directly or indirectly, from illegal activity.

If you have investment questions feel free to contact us. Our immigration attorneys will be more than happy to help you with your E-2 application.