Key Takeaways:
- Understand the differences between the E-2 Treaty Investor Visa and the Diversity Visa (DV) for easy decision-making.
- Pros of E-2: control, renewability, speed; Cons: no direct path to Green Card, investment risk.
- Pros of DV: permanent residency, no sponsorship required; Cons: uncertain outcomes, tight deadlines.
Understanding the E-2 and DV Visa differences can be a complex endeavor, but by breaking down their unique features, prospective immigrants can make more informed decisions about which visa best suits their needs. In this Visa Comparison Guide, we’ll delineate the key characteristics, advantages, and drawbacks of the E-2 visa and the Diversity Visa (DV) to aid in your easy understanding.
E-2 Treaty Investor Visa: An Entrepreneur’s Gateway to the U.S.
The E-2 Treaty Investor Visa is specially designed for citizens of countries that have a Treaty of Commerce and Friendship with the United States. This visa allows individuals to enter and work in the U.S. based on an investment they will be controlling. Here’s what you need to know about the E-2 Visa:
- Eligibility: You must hail from a treaty country and must have invested or be actively in the process of investing a substantial amount of capital in a U.S. business.
- Investment Requirements: There’s no specific minimum, but the investment must be substantial relative to the total cost of either purchasing an established enterprise or creating the type of enterprise in question.
- Duration: Generally valid for up to five years, but it can be extended indefinitely in two-year increments as long as the business continues to operate and meet E-2 requirements.
- Family: Your spouse and unmarried children under 21 years of age can accompany you to the U.S., and your spouse may also apply for work authorization.
Pros:
– Control: E-2 visa holders directly manage their investment.
– Renewability: This visa can be renewed indefinitely.
– Speed: Processing times can be relatively quick, especially with premium processing.
Cons:
– No Direct Path to Green Card: The E-2 does not provide a direct path to permanent residency.
– Investment Risk: Your funds must be at risk for the purpose of generating a profit.
Diversity Visa (DV) Program: Your Lottery Ticket to Permanent Residency
On the other hand, the Diversity Visa Program, commonly known as the “green card lottery,” provides up to 55,000 immigrant visas annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States.
- Eligibility: Applicants must meet simple, but strict, eligibility requirements. You need to have a high school education, or its equivalent, or two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform.
- Application Period: Entries for the DV program must be submitted electronically during a specified period, usually between October and November.
Pros:
– Permanent Residency: If selected, the DV visa provides a direct path to permanent U.S. residency.
– No Sponsorship Required: Unlike many other visas, you don’t need a U.S. sponsor to apply.
– Family Inclusion: With a DV visa, your spouse and children are also eligible to emigrate to the U.S.
Cons:
– Uncertain outcomes: The selection process is a lottery, so entry does not guarantee a visa.
– Tight Deadlines: Winners must complete the immigration process within a specified period, or they may lose their chance.
Deciding Between the E-2 vs DV Visa
In choosing between an E-2 visa and the DV Program, potential immigrants must weigh their immediate goals, risk tolerance, and long-term aspirations. For those aiming to start or buy a business in the U.S., the E-2 visa might be the most suitable pathway. However, for those who seek permanent residency without immediate business intentions, the DV Program might be more appealing, despite its uncertainties.
Remember, each immigration path has its legal intricacies. It’s essential to consult with the official U.S. Department of State – Bureau of Consular Affairs for E-2 visa details and the Diversity Visa Program Instructions for precise guidelines on the DV lottery process.
Choosing the right visa can be a life-changing decision. It’s imperative to assess the pros and cons of the E-2 vs DV visa carefully and consider personal circumstances and objectives before applying. Whether you seek to invest in a business venture or take a chance on the diversity lottery, understanding these differences is the first step to a successful U.S. immigration journey.
Still Got Questions? Read Below to Know More:
If my child turns 21 after we’ve won the DV Lottery but before moving, can they still come with us
If your child turns 21 after you’ve won the DV Lottery but before moving to the United States, they may still be able to immigrate with you under certain conditions. This scenario falls under what is called the “Child Status Protection Act” (CSPA), which can protect children from “aging out” in certain visa categories if they turn 21 before their immigrant visas are issued.
Here’s a simplified breakdown of what you need to know:
- Calculate ‘Age’ Under CSPA: For DV Lottery purposes, your child’s age could be ‘frozen’ as under 21 if you can subtract the number of days your DV Lottery application was pending from their actual age. So, if the period during which the application was pending is long enough to bring their age under 21 when the visa becomes available, they could still qualify.
For example, if your child turned 21 years and 3 months old when the visa became available but your DV application was pending for 4 months, their CSPA age would be 20 years and 11 months – which is under 21.
- Seek to Acquire: The child must seek to acquire the visa within a year of it becoming available. This is typically done by either applying for the visa or filing for an adjustment of status.
However, it’s important to carefully review the specific requirements and timelines that apply to your case. The U.S. Department of State has a detailed section on their website with more information about the CSPA here.
It’s also a good idea to get in touch with a legal expert or immigration attorney to review your case, as they can offer personalized guidance based on the latest immigration laws and regulations.
If my investment for the E-2 visa fails, what happens to my immigration status
If your investment for the E-2 Treaty Investor visa does not succeed, the implications on your immigration status can be significant. The E-2 visa is dependent on the continued operation of a viable business related to the investment. Here are the steps that usually follow if your E-2 investment fails:
- Notify USCIS: You are required to inform United States Citizenship and Immigration Services (USCIS) about the significant changes in your business status.
- Period of Stay: You are typically allowed to remain in the United States for the duration of your authorized stay, as indicated on Form I-94, despite the failure of your E-2 business.
- Legal Obligations: You must fulfill all legal obligations, such as paying applicable taxes and settling debts, related to the dissolution of your business.
“If your E-2 business is not operating, you may be considered out of status,” according to USCIS guidelines. This means that you would be expected to leave the United States or risk being placed in removal proceedings.
After the failure of your E-2 investment, you might have a few options:
- Change of Status: You might be able to change your status to another visa category if you meet the eligibility requirements for that visa and apply before your current E-2 status expires.
- Depart the U.S.: If you cannot change your status to another visa category, you should make plans to depart the United States before your authorized stay expires.
- Reapply: If you have a new qualifying investment, you may be eligible to reapply for an E-2 visa with the new business.
For up-to-date and accurate information, always refer to the official USCIS website or consult with an immigration attorney. Here’s a resource for more details on E-2 visas:
U.S. Department of State – Bureau of Consular Affairs
After how many years living in the U.S. with a DV can I apply for citizenship
If you are living in the U.S. with a Diversity Visa (DV), also known as a Green Card through the Diversity Immigrant Visa Program, you can apply for U.S. citizenship through a process called naturalization. Generally, you need to have been a permanent resident for at least five years before you are eligible to apply. However, the exact timing can be affected by various factors, such as being married to a U.S. citizen, which can reduce the wait to three years.
Here are the basic requirements you need to meet to apply for naturalization after getting your Green Card through the DV program:
– You must be at least 18 years old.
– You must have lived in the U.S. as a lawful permanent resident for at least five years without leaving the country for trips of six months or longer.
– You should have been physically present in the U.S. for at least 30 months of those five years.
– You need to be able to read, write, and speak basic English.
– You must have a basic understanding of U.S. history and government.
– You must demonstrate good moral character.
According to the U.S. Citizenship and Immigration Services (USCIS),
“You may apply for naturalization when you meet all the requirements to become a U.S. citizen.”
For the most reliable and up-to-date information, refer to the USCIS website’s Naturalization page here: USCIS – Naturalization.
It’s important to keep records of all your travels outside of the U.S. and other documents that prove your continuous residence since these will be necessary when you fill out the Application for Naturalization (Form N-400), which is the form used to apply for citizenship. You can find Form N-400 and details about the application process on the USCIS website: USCIS – Form N-400.
Can I still enter the green card lottery if I’m already in the U.S. on a different visa
Yes, you certainly can enter the Diversity Visa Lottery, often referred to as the green card lottery, even if you are currently in the U.S. on a different visa. The program is designed to provide an immigration opportunity to individuals from countries with historically low rates of immigration to the United States. Your physical location at the time of applying does not affect your eligibility to enter the lottery. What matters is that you meet the following requirements:
- You must be a native of a qualifying country.
- You must meet either the education or work experience requirement of the program, which is at least a high school education or its equivalent, or two years of work experience within the past five years in an occupation that requires at least two years of training or experience.
When you enter the lottery, your application is considered regardless of your visa status in the U.S. If you win the lottery while in the U.S., you may be able to adjust your status to that of a Legal Permanent Resident (LPR) through U.S. Citizenship and Immigration Services (USCIS) without returning to your home country.
Here’s an official statement from the U.S. Department of State:
“There are no changes to the Diversity Visa Lottery Program this year. It doesn’t matter where you are – if you are eligible to apply and you are selected, you can apply to immigrate to the United States.”
For more information, you can refer to the Official Diversity Visa Program instructions on the U.S. Department of State’s website: Diversity Visa Instructions.
Furthermore, the USCIS provides guidance on how to adjust your status if you’re already in the U.S.: Adjustment of Status. It is important to remember that being in the U.S. on a valid visa while applying for the lottery does not guarantee that you will ultimately receive a green card, as the lottery selection process is random and there are a limited number of visas available each year.
Can I bring my elderly parents with me to the U.S. if I get an E-2 visa
Yes, you can bring your elderly parents with you to the U.S. if you get an E-2 visa, although they will not be covered directly by the E-2 classification. The E-2 visa is designated for investors and certain employees from treaty countries who are coming to the United States to engage in substantial trade, including trade in services or technology, or to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital.
Your parents would typically come to the U.S. on a different type of visa, such as the B-2 tourist visa, which is intended for visitors who are traveling to the United States temporarily for tourism, pleasure, or visiting. Here are the steps they would need to take:
- Apply for B-2 Visas: Your parents would need to apply for a B-2 visa at a U.S. Embassy or Consulate in their home country. This involves completing the online visa application (Form DS-160), submitting a photo, and scheduling and attending a visa interview.
- Gather Required Documentation: They must provide evidence to prove their ties to their home country and the intent to return after their temporary stay in the U.S. This may include property deeds, a letter from an employer, or family ties that necessitate their return.
- Maintain Valid Status: It’s essential for them to maintain valid visa status while in the U.S. and to adhere to the terms of the B-2 visa, including the duration of stay granted by a Customs and Border Protection (CBP) officer upon entry.
For more detailed information about the B-2 visa process, your parents can visit the official website of the U.S. Department of State – Bureau of Consular Affairs at travel.state.gov.
Please be aware that dependents (spouses and children under 21) of E-2 visa holders can obtain E-2 dependent visas, but parents are not included in this category and thus need to secure their own appropriate visas for travel and stay in the U.S.
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Glossary
- E-2 Treaty Investor Visa: A type of visa that allows individuals from countries with a Treaty of Commerce and Friendship with the United States to enter and work in the U.S. based on an investment they will be controlling.
Treaty Country: A country that has a Treaty of Commerce and Friendship with the United States, making its citizens eligible for the E-2 Treaty Investor Visa.
Investment Requirements: The E-2 visa does not have a specific minimum investment requirement, but the investment must be substantial relative to the total cost of either purchasing an established enterprise or creating the type of enterprise in question.
Duration: The E-2 visa is generally valid for up to five years, but it can be extended indefinitely in two-year increments as long as the business continues to operate and meet E-2 requirements.
Family: In the context of the E-2 visa, includes the spouse and unmarried children under 21 years of age, who can accompany the visa holder to the U.S., and the spouse may also apply for work authorization.
Pros:
- Control: E-2 visa holders have direct control and management over their investments.
- Renewability: The E-2 visa can be renewed indefinitely.
- Speed: Processing times for the E-2 visa can be relatively quick, especially with premium processing.
- Cons:
- No Direct Path to Green Card: The E-2 visa does not provide a direct path to permanent residency or a green card.
- Investment Risk: The funds invested by E-2 visa holders must be at risk for the purpose of generating a profit.
- Diversity Visa (DV) Program: Also known as the “green card lottery,” the DV Program provides up to 55,000 immigrant visas annually through random selection to individuals from countries with low rates of immigration to the United States.
High School Education: Education completed at the high school level or the equivalent, as required for eligibility for the Diversity Visa Program.
Work Experience: Two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform, as an alternative to high school education for eligibility for the Diversity Visa Program.
Application Period: The specified period, usually between October and November, during which entries for the Diversity Visa Program must be electronically submitted.
Pros:
- Permanent Residency: If selected, the DV visa provides a direct path to permanent U.S. residency.
- No Sponsorship Required: Unlike many other visas, the DV visa does not require a U.S. sponsor for application.
- Family Inclusion: With a DV visa, the spouse and children of the visa holder are also eligible to emigrate to the U.S.
- Cons:
- Uncertain Outcomes: The selection process for the DV Program is a lottery, and winning an entry does not guarantee a visa.
- Tight Deadlines: Winners of the DV Program must complete the immigration process within a specified period, or they may lose their chance.
- Immigrant Visas: Visas that lead to permanent residency or a green card.
U.S. Department of State – Bureau of Consular Affairs: The official government organization responsible for providing visa and consular services for foreign visitors to the United States.
Diversity Visa Program Instructions: Guidelines and instructions provided by the U.S. Department of State for the DV lottery process.
Risk Tolerance: The ability and willingness to bear the potential risks and uncertainties associated with an investment or immigration pathway.
Note: The provided glossary includes specialized terms and acronyms related to immigration, specifically focusing on the E-2 visa and the Diversity Visa Program. These definitions aim to enhance the understanding of the content and enable readers to grasp the concepts discussed in the immigration context.
So, there you have it! Understanding the differences between the E-2 and DV visas can be a bit tricky, but we hope this guide has shed some light on the key characteristics and advantages of each. Whether you’re an entrepreneurial spirit looking for a gateway to the U.S. or dreaming of permanent residency through the green card lottery, it’s important to weigh your options and make an informed decision. If you want to delve deeper into the world of visas and immigration, visit visaverge.com for more helpful resources and information. Good luck on your journey to the United States!
