Key Takeaways:
- The E2 Visa allows individuals to work in the US based on their investment in a qualifying business.
- To transfer from a B2 to E2 visa, one must find a qualifying investment and complete the application process.
- Advantages of the E2 visa include extended stay, the ability to work legally, and benefits for spouses and children.
If you’re currently in the United States on a B2 Visitor Visa and have found a business opportunity you wish to invest in, you may be considering transferring your status to an E2 Treaty Investor Visa. Understanding the transfer process and evaluating the pros and cons can help you make an informed decision. In this guide, we’ll walk you through the essentials of how to transition from a B2 to E2 visa status.
Understanding the B2 to E2 Visa Transfer
What is an E2 Visa?
The E2 Visa is designed for nationals of countries that maintain treaties of commerce and navigation with the United States. It allows individuals to enter and work inside of the U.S. based on an investment they will be controlling. This visa category is attractive because it enables investors to live and actively manage their business in the States.
Eligibility for E2 Visa
To qualify for an E2 visa, you must:
– Be a national of a country with which the United States maintains a treaty of commerce and navigation
– Have made a substantial investment in a bona fide enterprise in the U.S.
– Seek to enter the U.S. solely to develop and direct the investment enterprise
Steps to Transfer from B2 to E2 Visa Status
- Find a Qualifying Investment: The first step is identifying a business investment that qualifies for an E2 visa. This usually means taking a significant financial risk to establish or purchase an existing business.
Change of Status Application: If you’re already in the U.S. on a B2 visa, you’ll file Form I-539, Application to Extend/Change Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS).
E2 Visa Application: Alongside the I-539 Form, you will need to compile a comprehensive E2 visa application that demonstrates you meet all the E2 criteria. This includes evidence of investment, business plans, and the ability to generate more than enough income to support you.
Await Processing: USCIS processing times vary. During this period, you must maintain valid legal status within the United States.
For detailed information on the application process and eligibility, visit the official USCIS website or seek guidance from an immigration attorney.
Advantages of Transferring from B2 to E2 Visa
The transfer from B2 to E2 visa status offers several benefits, including:
- Extended Stay: E2 visa holders can stay on a prolonged basis with unlimited two-year extensions as long as they maintain E2 qualifications.
- Work Legally: The visa holder, and in some cases their employees, may legally work in the U.S. for the company that is the investment vehicle.
- Spouse and Children Benefits: Spouses of E2 holders can apply for work authorization, and their children can attend U.S. schools.
Disadvantages to Consider
However, there are some drawbacks:
- Investment Risk: Your investment must be substantial, at risk, and not marginal. There’s no guaranteed return on investment.
- Non-Immigrant Intent: The E2 Visa does not provide a direct path to a green card. The applicant must intend to return to their home country once their visa expires.
- Lengthy Process: The application process can be long and document-intensive. It can be a stressful time waiting for USCIS to process your application.
Conclusion
Transferring from a B2 to E2 visa can open up new business possibilities and provide a route for you and your family to live and work in the United States. While there are considerable advantages to this visa, like the potential for extended stay and work authorization, one must also weigh the financial risks and the temporary nature of the visa.
“Securing an E2 visa can be complex and exacting. Proper preparation and understanding of the requirements will help ensure a successful transition from B2 to E2 visa status,” advises immigration experts.
Before making a final decision, it’s crucial to assess whether this is the right step for you, and consider consulting with an immigration attorney to help navigate the process. Transitioning from a B2 to E2 visa is a serious decision, but with careful planning and a solid business proposition, it can be a valuable opportunity.
Still Got Questions? Read Below to Know More:
Can my friend also invest in my business, and how does that affect our chances for E2 visas
Yes, your friend can also invest in your business if you’re considering applying for E2 visas. The E2 treaty investor visa is for nationals of countries with which the United States maintains a treaty of commerce and navigation, who wish to invest a substantial amount of capital in a U.S. business. If both you and your friend are from a treaty country, your friend can invest in the business as either a principal investor or a part of a team of investors.
Here’s how it works:
1. Each investor must meet the requirements individually. This means that both you and your friend must each invest a “substantial amount of capital” in the business.
2. Both of you must be able to prove that your investment is not marginal; meaning that the business has the present or future capacity to generate more than enough income to provide a living for you and your family, as well as your friend and their family.
3. Each of you must have a role in the business. If your friend is an active investor, they need to be in an executive or supervisory role, or possess skills that are essential to the operation of the business.
According to the U.S. Department of State – Bureau of Consular Affairs:
“Investors must be coming to the United States to develop and direct the enterprise. If the applicant is not the principal investor, they must be employed in a supervisory, executive, or highly specialized skill capacity.”
Having more than one investor can demonstrate the financial viability and strength of your business, which might positively affect your visa applications. However, the investments must not be purely marginal in nature, and each investor must have an active role or participation in the business.
For further details, always refer to the official U.S. Citizenship and Immigration Services (USCIS) E2 visa guidelines or consult an immigration attorney: USCIS E2 Treaty Investors.
What happens if my B2 visa expires while I’m waiting for my E2 visa to get approved
If your B2 visa expires while you’re waiting for your E2 visa to be approved, it’s important to understand your status and the potential implications. Here’s a simplified guide to help you navigate this situation:
- Understand Your Period of Authorized Stay: When you enter the U.S. on a B2 tourist visa, you’re given a specific period during which you’re allowed to stay, typically indicated on your Form I-94. It is crucial to distinguish between the visa expiration date and the date on your I-94 form. As long as you filed your application for an E2 visa before your I-94 expired, you should generally be allowed to stay in the U.S. while your E2 application is pending. However, if your I-94 has expired before you have filed the E2 visa application, you might be accruing unlawful presence, which can have serious consequences for your immigration status.
Apply Before Your I-94 Expiration: To avoid any unlawful presence and the associated issues, it’s critical to file your E2 visa application while your B2 visa status is still valid according to the I-94. As stated by U.S. Citizenship and Immigration Services (USCIS):
“You must not file your Form I-129 [for E2 Visa status] more than 6 months before your intended employment start date. You should file at least 45 days before your B-1/B-2 status expires.”
This means you need to plan your E2 application well ahead of your B2 status expiration to maintain legality.
Maintain Legal Status: If there’s a risk your B2 status will expire before your E2 visa application is processed, you may need to file for an extension of the B2 status using a Form I-539 (Application To Extend/Change Nonimmigrant Status) to maintain legal status. It’s imperative to file this before the date on your I-94 to avoid complications.
Remember, if your situation becomes complex, you should consult an immigration attorney to help you with the process. The official USCIS website is an authoritative source where you can find additional information on changing your nonimmigrant status: USCIS Change My Nonimmigrant Status.
In summary, act before your B2 status expires according to your I-94 form, file for an extension if necessary, and seek professional advice if your situation is uncertain.
Can I start planning my business while on my B2 visa before applying for an E2
While on a B2 tourist visa, you’re allowed to engage in certain business activities that are consistent with a business visit, like attending meetings or conferences. However, it’s important to understand that the B2 visa does not permit actual employment or hands-on involvement in running a business. Planning your business is a bit of a gray area, but generally, you can conduct initial research, look for potential business premises, or negotiate contracts.
According to the U.S. Department of State:
“While in the United States, you may be able to set up a business. However, you cannot perform hands-on work or engage in gainful employment on a visitor visa.”
For comprehensive details, you can visit the U.S. Department of State Visitor Visa page.
Once you’ve gathered information and are ready to start your business, you would need to apply for an E2 Treaty Investor visa if you meet the eligibility criteria. The E2 visa allows individuals from treaty countries to work in the U.S. based on an investment they will be controlling while in the country. Planning your business on a B2 visa is acceptable as long as actual business operations don’t begin until the E2 visa has been granted. Application steps, eligibility criteria, and detailed information on the E2 visa can be found on the U.S. Citizenship and Immigration Services E2 Treaty Investors page.
If my spouse has a job offer in the U.S., can they work on an E2 dependent visa
If your spouse has a job offer in the U.S. and they are currently on an E-2 dependent visa, they are indeed allowed to work in the U.S. The E-2 dependent visa is given to the immediate family members of E-2 treaty investors or employees. To be eligible to work, your spouse would need to obtain an Employment Authorization Document (EAD).
Here’s what needs to be done:
- Application for Employment Authorization: Your spouse should file Form I-765, “Application for Employment Authorization,” with U.S. Citizenship and Immigration Services (USCIS).
- Required Documentation: Along with the application form, your spouse will need to submit documents proving their E-2 dependent status, their relationship to the primary E-2 visa holder, and the E-2 visa holder’s current status.
Once the application is approved, your spouse will receive the EAD, which allows them to work in any job, for any employer in the United States.
“USCIS must approve your Form I-765 application before you may begin working.”
It’s important to note that the EAD has its own validity period, so keep track of its expiration date and renew it as needed.
For more information and to apply for the Employment Authorization Document, please refer to the following official resources:
– USCIS Form I-765, Application for Employment Authorization: Application for Employment Authorization
– USCIS E-2 Treaty Investors: E-2 Treaty Investors
I own a property in the U.S.; can that count towards my E2 investment
Absolutely, owning property in the U.S. can be a part of your E2 investment, provided it meets certain criteria. The E2 visa, also known as the Treaty Investor Visa, allows individuals from treaty countries to live and work in the U.S. based on an investment they control in a U.S. business. According to the U.S. Department of State, the investment must be:
- Substantial: No specific dollar amount is cited for “substantiality,” but the investment must be significant relative to the total cost of purchasing or creating the business. It must be enough to ensure the investor’s financial commitment to the successful operation of the business.
- At risk: The capital must be subject to partial or total loss if the investment fails. The investor must show that the funds are not just idle but are actually being put to use in a genuine enterprise.
- Not marginal: The business should have the capacity to generate more income than just to provide a living to you and your family; it should have a significant economic impact.
Now, if your property is actively used in a business venture, like a rental property business or a commercial enterprise it can certainly count towards your E2 investment. However, merely holding a property as a personal residence or for potential appreciation would not qualify. The property must be used in a way that generates an active income and contributes to the economy.
For the most accurate and up-to-date information, refer to the official U.S. Visa website and consult with an immigration attorney who can provide personalized advice based on your specific circumstances and investment plans. Here’s a link to the U.S. Department of State – Bureau of Consular Affairs for more details on the E2 visa: E2 Treaty Investors.
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Glossary of Immigration Terms
- B2 Visitor Visa: A nonimmigrant visa category that allows individuals to enter the United States for tourism or medical treatment purposes.
E2 Treaty Investor Visa: A nonimmigrant visa category that permits nationals of treaty countries to enter and work inside the U.S. based on an investment they control. This visa is designed for individuals who wish to establish or manage a business in the United States.
Treaty of Commerce and Navigation: An agreement between the United States and a foreign country that establishes economic and trade relations, including provisions for the E2 visa program.
Substantial Investment: A significant amount of capital that the investor commits to a bona fide enterprise in the U.S. The investment must be at risk and not marginal.
Bona Fide Enterprise: A legitimate and operational business entity that the investor establishes or purchases in the United States.
Change of Status Application: The process of requesting a change from one nonimmigrant visa category to another while already present in the United States. In the context of transitioning from B2 to E2 visa status, it involves submitting Form I-539 to the U.S. Citizenship and Immigration Services (USCIS).
Form I-539: A USCIS form used to apply for a change or extension of nonimmigrant status within the United States.
USCIS: The United States Citizenship and Immigration Services, a component of the Department of Homeland Security responsible for the administration of immigration and naturalization services and benefits.
Valid Legal Status: The lawful immigration status that individuals must maintain while their change of status application is pending. They must comply with the terms and conditions of their current visa, such as not engaging in unauthorized employment.
Extended Stay: The ability of E2 visa holders to stay in the United States for a prolonged duration, with unlimited two-year extensions available as long as they continue to meet the E2 qualifications.
Work Authorization: Permission granted to an individual to legally work in the United States. E2 visa holders and their eligible employees are authorized to work for the investment enterprise.
Spouse and Children Benefits: The additional benefits provided to the spouse and dependent children of E2 visa holders. Spouses may apply for work authorization, allowing them to work in the U.S., while children can attend U.S. schools.
Investment Risk: The potential financial risk associated with investing a substantial amount of capital in a business venture, where there is no guaranteed return on investment.
Non-Immigrant Intent: The requirement that E2 visa applicants demonstrate their intent to return to their home country upon the expiration of their visa. The E2 Visa does not provide a direct path to a green card or permanent residency.
Document-Intensive: Describing the application process that requires the submission of numerous documents and evidence to support the E2 visa application.
Green Card: A common term for a Permanent Resident Card, which grants the holder permanent residency status in the United States. The E2 visa does not directly lead to a green card.
Immigration Attorney: A legal professional specializing in immigration law who can provide guidance and assistance throughout the visa application process.
With an understanding of these terms, individuals can have a clearer comprehension of the B2 to E2 visa transfer process and make informed decisions regarding their immigration options.
So, there you have it! Transferring from a B2 to E2 visa can be an exciting opportunity to invest in a business and live and work in the United States. While there are advantages to consider, like extended stay and work authorization, it’s important to weigh the risks and the temporary nature of the visa. Remember, preparing and understanding the requirements is key to a successful transition. If you want to dive deeper into the topic, check out visaverge.com for more helpful resources. Good luck on your immigration journey!
