The E2 visa, also known as the treaty investor visa, is a popular option for entrepreneurs who want to start or buy a business in the United States. This visa allows individuals from certain treaty countries to come to the U.S. to invest in and operate a business. While there are certainly benefits to this type of visa, there are also some drawbacks to consider. In this blog post, we’ll analyze both the benefits and drawbacks of the E2 visa for entrepreneurs.
Benefits of the E2 Visa
Flexibility
One of the greatest benefits of the E2 visa is its flexibility. Entrepreneurs can start or buy a business in almost any for-profit industry and have the freedom to operate the business as they see fit. Additionally, the E2 visa does not require a minimum investment amount, so entrepreneurs can tailor their investment to their specific business needs.
Fast Processing Times
Unlike other visas, the E2 visa has a relatively fast processing time. In most cases, entrepreneurs can expect to receive a decision on their visa application within a few weeks after they secure an appointment at the U.S. Embassy in their home country. Changing status to E2 from within the U.S. is also an option for some applicants but entails more risks.
Status and Work Authorization for Dependent Family Members
E2 visa holders are allowed to bring their spouse and unmarried children under the age of 21 with them to the United States. This can be a huge benefit for families who want to live and work together in the U.S.
No Cap on Visa Numbers
Unlike the H1B visa, there is no numerical cap on the number of E2 visas that can be issued each year. This means that entrepreneurs who meet the requirements for the visa are eligible to receive one without regard to congressionally imposed limits.
Drawbacks of the E2 Visa-130
Limited to Treaty Countries
The E2 visa is only available to individuals from certain treaty countries found on the U.S. Department of State’s website at www.travel.state.gov. If an entrepreneur does not hold citizenship from one of these countries, they may not be eligible for the E2 visa. However, it may be possible to acquire citizenship from a treaty country and then afterwards apply for the E2 visa with proper legal guidance once time passes.
Not a Path to Permanent Residency
Unlike some other visas that allow for dual intent, the E2 visa does not provide a direct path to permanent residency in the United States. Many consulates even require an E2 visa holder to attest to having an intent to return to the home country after E2 authorization ends.
Maintenance of Investment
In order to keep their E2 visa status valid, entrepreneurs must maintain their investment in the U.S. This means that if the business fails or the investment is withdrawn, the entrepreneur may lose their visa status.
Not Eligible for Some Benefits
E2 visa holders are not eligible for some benefits that come with other visa types, such as the ability to work for any employer in the US.
In conclusion, the E2 visa can be a great option for entrepreneurs who want to start or buy a business in the United States. Its flexibility, fast processing time, and ability to bring family members are all significant benefits. However, treaty country eligibility, lack of a direct path to permanent residency, and requirement to maintain the investment are all important drawbacks to consider. Entrepreneurs should carefully weigh these factors before deciding whether the E2 visa is the right choice for them.
