Key Takeaways:
- The E2 visa is a non-immigrant visa that allows individuals to work in the US based on an investment they control.
- The process of transferring from an F2 to an E2 visa involves eligibility checks, making an investment, and filing application forms.
- Advantages of switching to an E2 visa include work authorization, long duration, and spouse employment, while disadvantages include investment risk and no direct path to green card.
For many individuals residing in the United States on an F2 visa, which is designated for dependents of F1 visa holders, certain circumstances may lead to considering a change of status. One such transition that can be particularly advantageous is moving from an F2 to an E2 visa. This post will guide you through the process of this visa transfer, along with a balanced look at the advantages and disadvantages of making such a switch.
Understanding the E2 Visa
Before diving into the process of transferring visas, it’s important to understand what an E2 visa entails. The E2 visa is a non-immigrant visa for investors and entrepreneurs from countries that have a treaty of commerce and navigation with the United States. This visa allows individuals to enter and work inside of the U.S. based on an investment they will be controlling. This business must be substantial and capable of generating more than enough income to provide a minimal living for the investor and their family.
The Transfer Process: Moving from F2 to E2 Visa
Transitioning from an F2 to an E2 visa involves a series of steps that must be carefully followed to ensure a successful change of status.
- Check Eligibility: First, ensure that you come from a treaty country that is eligible for the E2 visa program.
Investment: Make a substantial investment in an existing U.S. business or establish a new one.
Change of Status Application: File Form I-539, Application To Extend/Change Nonimmigrant Status, with United States Citizenship and Immigration Services (USCIS).
- Documentation: Provide substantial evidence, including the origin of your investment funds, business plan, proof of business ownership, and your role in the business.
Wait for Approval: Once the application is submitted, you will need to wait for the approval from USCIS.
Visa Issuance: Upon approval, you might need to leave the U.S. and apply for the E2 visa at a U.S. consulate or embassy in your home country.
Keep in mind, this process can be complex, and the assistance of an immigration attorney could prove beneficial. Additionally, the transition period varies on a case-to-case basis but typically can take several months to be completed.
Advantages of Switching to an E2 Visa
- Work Authorization: One of the most significant benefits is that the E2 visa holder is allowed to work legally in the enterprise they invested in, which is not the case with an F2 dependent.
Long Duration: The E2 visa can be granted for up to five years and can be extended indefinitely as long as the business continues to operate and comply with E2 visa requirements.
Spouse Employment: The spouse of an E2 visa holder can apply for work authorization, providing greater financial stability for the family.
Disadvantages of the E2 Visa
Investment Risk: The E2 visa requires a substantial financial investment, which inherently carries risk, particularly in new or less stable businesses.
No Direct Path to Green Card: The E2 visa does not provide a direct path to permanent residency. Investors must seek alternative routes if they wish to become green card holders.
Country Specific: Only nationals of treaty countries are eligible, which means people from non-treaty countries cannot apply.
Final Considerations
If you are contemplating a F2 to E2 visa transfer, it’s vital to carefully evaluate both the E2 visa advantages disadvantages before proceeding. The E2 visa offers exciting opportunities for entrepreneurs and investors to engage in business activities within the U.S. However, one must thoroughly prepare for the financial commitment and understand the implications regarding permanent residency.
For more information about the E2 visa and its application process, please refer to the official U.S. Department of State – Bureau of Consular Affairs and the USCIS website. It is also advisable to consult with an immigration attorney for personalized guidance throughout your visa transfer journey.
Still Got Questions? Read Below to Know More:
Can my teenage child work part-time on an E2 visa if we switch from our F2 status
Yes, your teenage child can work part-time on an E2 visa if you switch from an F2 status. Under the E2 visa classification, which is designed for investors and their immediate family members, your children are typically allowed to seek employment. There are some important details to keep in mind:
- Age: Your child must be of legal working age in the state where you reside.
- Duration of Employment: Generally, they can work until they reach the age of 21 or if they get married, whichever comes first. Once they turn 21 or marry, they lose their derivative E2 status and would need to switch to a different visa category to remain in the U.S. and continue working.
- Separate Authorization Not Required: Unlike the F2 visa, holders of an E2 dependent visa do not need to apply for separate work authorization from U.S Citizenship and Immigration Services (USCIS).
Here’s a direct statement from the U.S Department of State regarding children with E2 visas:
“Children of E2 visa holders need not apply for work authorization to be employed.”
For comprehensive information about E2 visas, and guidance related to the status of family members, you can refer to the official U.S Department of State’s E2 Treaty Investors page (E2 Treaty Investors) and the USCIS page on E2 visa classification (USCIS E2 Nonimmigrant Classification).
Please note that while your child can work on an E2 visa, it’s crucial to stay informed about all laws regarding employment for minors in your specific location, which may include restrictions on the number of hours they can work during the school year.
What happens to my E2 visa if the business I invested in fails
If your E2 visa is tied to a business that fails, it’s important to understand the implications on your immigration status. The E2 visa, which is for treaty investors, requires that you invest a substantial amount of capital in a U.S. business and that you are actively involved in the operation of that business. If the business fails, you are at risk of losing your E2 visa status because one of the key requirements is that the enterprise must be operational and generating more economic activity than just to provide a living for you and your family.
Here’s what can happen to your E2 visa if your investment business fails:
- Need to Maintain a Valid Investment: Your E2 visa is dependent on maintaining a qualifying investment. If the business you invested in is no longer operational, you must invest in another venture that fulfills the E2 visa requirements or change your status to another visa type.
Grace Period: In some cases, you may be granted a grace period to depart from the United States or adjust your status to another visa type. This is not automatic and can vary in length, so it is important to consult with immigration authorities immediately if you find yourself in this situation.
Change of Status or Departure: If you are unable to maintain your status as an E2 treaty investor, it may be necessary to change your status to another type of visa (if eligible) or to depart from the United States before your authorized stay expires, to avoid falling out of status, which can have serious consequences.
“USCIS closely scrutinizes the viability and legitimacy of the E2 business,” according to United States Citizenship and Immigration Services (USCIS). Make sure to review current USCIS guidelines regarding E2 visas to understand all requirements and obligations.
The U.S. Department of State provides guidelines for E2 visa holders and it’s advisable to reach out to an immigration attorney or visit the official U.S. Visa Information and Appointment Services for further assistance and guidance tailored to your specific circumstances. It is crucial to act quickly and be well-informed about your options when facing the closure of the business tied to your E2 visa.
Is there a minimum amount I need to invest to qualify for an E2 visa when switching from an F2 visa
Yes, to qualify for an E-2 Treaty Investor visa when switching from an F-2 visa, there is a requirement for a substantial investment in a bona fide enterprise in the United States. However, the exact minimum amount is not specifically defined by the U.S. government. The investment must be substantial relative to the total cost of either purchasing an established enterprise or creating a new one. It must be enough to ensure the investor’s financial commitment to the successful operation of the enterprise and large enough to support the likelihood that the investor will successfully develop and direct the enterprise.
The U.S. Department of State states that:
“The investment must be “substantial.” There is no minimum dollar amount, but the investment must be:
– Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one.
– Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise.
– Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.”
For more detailed guidelines, you can check the U.S. Department of State’s E-2 Treaty Investors page here.
In addition to a substantial investment, other requirements for qualifying for an E-2 visa include being a national of a country with which the United States maintains a treaty of commerce and navigation, having the intent to depart the U.S. when your E-2 status ends, and demonstrating that the funds have not been obtained through criminal means. It’s important to prepare a thorough and convincing application to show that your investment and business plans meet all the E-2 visa requirements. It’s often recommended to consult with an immigration attorney or expert to aid in this process.
If my spouse’s F1 visa expires and they must leave the US, can I stay on my new E2 visa
Yes, you can stay in the United States on your new E2 visa even if your spouse’s F1 visa expires and they must leave the country. The F1 visa and the E2 visa are independent of each other; each has its own set of regulations and duration of stay. Here’s what you need to know:
- Your E2 visa status: An E2 visa is a non-immigrant visa that allows individuals from certain treaty countries who invest a substantial amount of capital in a US business to live and work in the United States. As long as you maintain your E2 visa status by adhering to the visa’s regulations, such as running the business you invested in, you are allowed to remain in the US.
Spouse’s F1 visa expiration: If your spouse is on an F1 visa, they are typically required to leave the United States within 60 days after their educational program end date or their Optional Practical Training (OPT) expiration, unless they change their visa status to another category.
Your continued stay on E2: To continue staying in the US on your E2 visa, you must ensure that your E2 status remains valid. For example, you should not violate the terms of the visa such as engaging in unauthorized work or failing to run the E2 treaty business. If your E2 visa is nearing expiration, you should apply for an extension.
To confirm the specifics of your situation and for up-to-date information on visa regulations, you should refer to the official resources provided by U.S. Citizenship and Immigration Services (USCIS) or consult with an immigration attorney. For more details on the E2 treaty investor visa, visit the U.S. Department of State’s E2 Visa information page at Bureau of Consular Affairs.
Remember that immigration laws can be complex, and while you are allowed to stay in the U.S. on your E2 visa independently of your spouse’s F1 visa, it is important to follow all legal guidelines to maintain your immigration status.
How long after investing in a business in the US can I apply for an E2 visa from my F2 status
To apply for an E2 visa from an F2 status after investing in a business in the US, you don’t have to wait for a specific period after making your investment; however, you do need to meet certain criteria related to the investment before applying. Here are the main requirements you must fulfill:
- Substantial Investment: Your investment must be substantial, with funds or assets committed and at risk to generate a return. The amount must be sufficient to ensure your financial commitment to the successful operation of the business. There’s no specific dollar amount defined for “substantial,” but it should represent a significant proportion of the total investment, usually more than half.
- Ownership and Control: You must own at least 50% of the business or possess operational control through a managerial position or other corporate devices.
- Active, Operating Enterprise: The investment must be in a real and operating commercial enterprise. Speculative or idle investment does not qualify, nor does an investment in a notional or paper-only business.
Before you apply, it’s essential to prepare all necessary documentation to prove your investment and your business meet these criteria. Once you have everything ready, you can change your status by applying with the U.S. Citizenship and Immigration Services (USCIS) if you’re already in the United States, or apply for a visa through a U.S. Consulate if you’re outside the country or prefer to process your application through consular processing.
Here are direct quotes from the U.S. Department of State regarding the E2 visa investment criteria:
“To qualify for E-2 classification, the treaty investor must: […] Be investing a substantial amount of capital in a bona fide enterprise in the United States.”
And,
“The investment must be in an operating business—mere passive ownership of real estate or speculative investment in stocks and bonds, uncommitted funds in a bank account, or similar types of investment do not qualify as a ‘substantial investment’.”
For detailed guidance, please refer to the U.S. Department of State – Bureau of Consular Affairs website here and the USCIS website here.
Remember that proper legal advice from an immigration attorney might be necessary, as they can offer personalized guidance based on the particulars of your investment and business situation.
Learn today
Glossary or Definitions:
- F2 visa: A non-immigrant visa category in the United States designated for dependents of F1 visa holders, who are international students pursuing academic degrees.
Change of status: The process of transitioning from one immigration status to another within the United States without leaving the country.
E2 visa: A non-immigrant visa for investors and entrepreneurs from countries that have a treaty of commerce and navigation with the United States. It allows individuals to enter and work in the U.S. based on their investment in a substantial business.
Treaty country: A country that has a treaty of commerce and navigation with the United States, making its nationals eligible for certain immigration benefits such as the E2 visa.
USCIS: United States Citizenship and Immigration Services, the agency responsible for administering immigration benefits and services within the United States.
Form I-539: The application form used to extend or change non-immigrant status within the United States.
Investment: The act of committing funds or resources with the expectation of financial gain or profit.
Documentation: Substantial evidence and supporting documents required to demonstrate eligibility and meet the criteria for a visa or immigration benefit, such as the origin of investment funds, business plan, proof of business ownership, and role in the business.
Consulate or embassy: A diplomatic office of a foreign country in the United States responsible for issuing visas and providing consular services to its nationals.
Case-to-case basis: Refers to a situation being analyzed or considered individually, taking into account the specific details and circumstances of each case.
Immigration attorney: A specialized lawyer who provides legal advice and assistance in immigration matters, including visa applications, immigration benefits, and navigating the complexities of immigration laws and regulations.
Work authorization: Permission granted to an individual to legally work in a specific country, typically granted through a visa or employment authorization document.
Permanent residency: The status of an individual who is authorized to permanently live and work in a country, also known as a green card holder or lawful permanent resident.
Green card: A colloquial term for the United States Permanent Resident Card, an identification document issued to foreign nationals as evidence of their lawful permanent residency in the United States.
U.S. Department of State – Bureau of Consular Affairs: The U.S. government agency responsible for overseeing the provision of consular services, including visa issuance and processing, to foreign nationals outside the United States.
USCIS website: The official website of the United States Citizenship and Immigration Services, providing information and resources on immigration benefits, forms, and processes.
If you’re considering a switch from an F2 to an E2 visa, remember to weigh the pros and cons. The E2 visa offers work authorization, long duration, and spouse employment, but entails investment risk and no direct path to a green card. Explore more on visaverge.com, your go-to source for all things visa-related!
