Frequently Asked ”E” Visa Questions and Answers
Treaty Investor visas (“E-2” visas) to the United States are authorized on the basis of treaties between the United States (US) and approximately sixty other countries. The US Embassy in London is responsible for processing E visas for all of the United Kingdom.
Following are common questions that we frequently receive from nationals of the United Kingdom regarding this very popular visa.
Q. Do I actually need an E visa to reside in the United States if I already own a US business?
A. Unless you are a US Citizen or a US Green Card holder, you must be in possession of a valid have a visa in order to enter the United States in Treaty Trader or Treaty Investor status. Further, all successful E visa applicants and their dependents are expected to present valid passports in order to be issued the visa, regardless of nationality.
Q. I am a citizen of the United Kingdom residing in Spain. May I lodge an E-2 visa application at the US Embassy in Madrid?
A. To qualify for an E-2 Treaty Investor Visa, citizens of the United Kingdom must actually reside in the United Kingdom (with some exceptions), and proof of this must be submitted as part of the E-2 registration and application process.
Q. I am a citizen of Australia presently residing in the United Kingdom. Must I lodge my E-2 visa application in the United Kingdom or in Australia?
A. A citizen of one of the other qualifying treaty countries who is resident in the United Kingdom may lodge an E visa application at the US Embassy in London. The relevant treaty either may or may not allow one to lodge an application in ones home country. In the case of a citizen of Australia, filing in Australia is permitted and may save significant processing time. By contrast, a citizen of Spain residing in the United Kingdom is not presently allowed to file an E-2 visa application in Spain. You should consult with a competent US immigration lawyer for more details about this issue.
Q. I received a change of status in the United States from US Citizenship and Immigration Services (USCIS). Is that all that I need to present to be issued an E visa at the US Embassy or US Consulate?
A. No. The change of status simply allows you to remain in the United States until the expiration of the status granted. If you have been granted a change of status by USCIS and leave the US, you must have an E visa in your passport to return to the US in that status. To obtain a visa you must lodge a complete application with the appropriate US Embassy or US Consulate. Adjudication of your case can vary from two weeks to six months, depending on which US Embassy or US Consulate is deciding your case.
Q. How much money do I need to invest?
A. There is no minimum amount for an investment. E-2 visa regulations state that the investment must be sufficient to ensure success of the business. As different types of businesses require different amounts of capital, the amount you will need to invest depends on your US enterprise.
Q. Do I really have to invest the money before I apply for the visa? Can’t the United States government issue me the visa first?
A. E-2 visa regulations state that the funds must be “irrevocably committed” to the investment before the visa may be issued. Therefore, you must document that your investment meets this criteria at the time of initial application; this is usually accomplished by showing that the investment has already been made. Funds can be considered to be irrevocably committed, however, if they are held in an escrow account solely contingent on the issuance of an E visa.
Q. Must the business be trading at the time I lodge my E-2 visa application?
A. Yes. The relevant E-2 visa regulations state that the enterprise must be “real and active”. Most US Embassies and consular posts interpret this to mean that the business must be actively trading at the time your E-2 visa application is lodged.
Q. How can I possibly start a business if I don’t have the visa?
A. You may enter the United States in B-1 (temporary business) visa status in order to set up (not run) your business. You may not be paid in the US while in B-1 status. If your enterprise requires someone to manage or run daily operations, you may hire individuals who are already properly documented to work in the US prior to receiving your visa. Once you have the initial commitments completed, you should apply immediately for the E visa.
Q. How long do I have to wait before I can apply for a “green card” or US citizenship?
A. An E visa is a non-immigrant visa and does not directly lead to either a “green card” or US Citizenship. You may remain in the US only as long as your business conforms to E visa regulations, assuming you maintain proper visa and immigration status.
Q. Do I need an immigration attorney?
A. There is no legal requirement that you hire an attorney to lodge your E visa application. While many E Visa applicants choose to retain the services of an attorney to aid in the preparation of their case, others do not. It is to your advantage, however, to engage the services of a competent immigration attorney or law firm that is fully familiar with the specific procedures observed by the US Embassy or US Consulate in your home country. Failure to observe these procedures will certainly result in significant time delays, may seriously prejudice the outcome of your case, and may result in irreversible financial consequences.
Q. Where can I get information about good places to invest in the US?
A. Please contact our office for more information.
Q. What licenses and permits do I need to open and run a business in the United States?
A. Licensing and permit requirements vary by state and county and with the type of business you wish to operate. For specific information, you should contact the appropriate government offices in the locality where you plan to start your business. Alternatively, you may retain the services of a law firm to make the required inquiries on your behalf.
Q. I already own an E company and want to employ someone who is not in the US Can employees of an E company qualify for an E visa to work in my US enterprise?
A. To qualify for an E visa as the employee of an E company, the applicant must have the same citizenship as the owners of the E company. Additionally, the job to be performed must be executive or supervisory in nature, or the employee must possess skills which are essential to the operation of the US enterprise.
Q. Can my spouse and children work in the US?
A. Effective January 16, 2002, dependent spouses of E visa holders are eligible to apply for work authorization from USCIS. Children of E visa holders are not permitted to work in the United States unless they independently qualify for employment authorization, such as an E, H, or L visa.
Q. My spouse (or child) uses a different surname than I do. Is that a problem?
A. A dependent whose surname differs from the surname of the E visa holder should have on-hand proof of the relationship (a marriage certificate for spouses or birth certificates for children, for example).
Q. Can my fiancé(e), common law or same-sex partner accompany me?
A. Under US immigration law, a legal marriage must exist before one is considered to be a spouse. Therefore, fiancé(e)s, common law or unmarried same-sex partners do not qualify for derivative E visa status. Other avenues may be available to assist those applicants in such a situation. Please contact our firm for more details.
Q. My spouse and/or children are citizens of a country other than my own. Can they still accompany me?
A. The spouse and children (defined as unmarried and under 21 years of age) do not need to have the same citizenship as the principal applicant. However, dependents of E visa holders are required to have visas in order to accompany the principal applicant to the US
Q. Will I have to appear before the US Embassy or US Consulate in person?
A. For all categories of visas, including Treaty Visas, each applicant age 14 or older must appear for a personal interview before a Consular Officer. In all cases, each applicant (including those under 14 years of age), must be physically present in the country of application at the time of issuance. Those applicants who are found to be ineligible for a US visa for criminal convictions, immigration violations, drug charges, or other similar reasons may have to appear to determine grounds of ineligibility and applicability of a waiver for any such ineligibility. In such cases the applicant must be prepared for a wait of up to 180 days weeks while eligibility is confirmed and/or a waiver requested.
Q. How long does the processing normally take?
A. Processing times vary greatly between the various US Embassies and US Consulates. For example, the US Embassy in Mexico City can process an E-2 visa case in one week, while the US Embassy in London can take up to 6 months to process a case. Generally speaking, if your initial submission is not complete, then your case will not be officially “received” or it may be kicked back to allow you to provide the missing information. Upon resubmission of the case, it will generally be placed at the back of the processing queue. Please note that frequently an applicant’s submission will require clarification or additional information before the adjudicating officer can make a determination of eligibility. If this is the case, you (or your attorney of record) will be notified in writing.
Q. Will it speed up the processing if I send my passport to the US government at the time that I lodge my application?
A. No. You should not send passports until it is requested by the US Embassy or US Consulate. Submitting passports early can delay the processing of your case.
Q. I paid $100.00 when I applied. Why is there an additional fee for issuance?
A. The $100.00 fee you paid at the time of application is called the Machine-Readable Visa (MRV) processing fee. This non-refundable fee is charged to all applicants for non-immigrant visas regardless of whether the application is approved. Once your case has been approved, there may be an additional fee for issuance of the visa. This fee is called a “reciprocity fee” and is determined by the fees that your country of citizenship charges US citizens for similar visas. The E visa reciprocity fee for a Canadian citizen, for example, is currently $40.00.
Q. I’ve read all this information, and I still have questions. Who can answer them?
A. We recommend that you consult with a US immigration attorney local to you in your country of residence.
