Seiten
News

The E-2 visa, also known as the Treaty Investor Visa or Investor Visa, is a classic work visa for the USA. Any company thats wants to invest considerable capital or has invested in the U.S. economy can - regardless of a previous business activity in the home country – send employees to the U.S. via an E-2 visa. We will be happy to provide you with comprehensive and individual advice on this work visa and help you with the application process.

Topics
Jump to topic
What is the E-2 visa?

The E-2 visa is a subcategory of the E-Visa and grants holders work and residence permit for the USA. Once a company has successfully applied for an E-2 visa for the first employee, it is considered to be "E-registered". In this case, additional employees in this company can be hired via a simplified application process also receive an E-2 visa.

Employees are then entitled to full employment, both under a longer-term work assignment, as well as for several single business trips.

This work visa is based on bilateral treaties in the context of investment projects in the USA. Currently, there are approximately 80 nations that maintain such relationships with the United States. Only nationals of the respective treaty countries, including naturalized persons, can obtain this status.
To the treaty countries include many European countries, including Germany, Austria and Switzerland.

What are the advantages of the E-2 visa?

Companies, as well as employees with E-2 visa enjoy a number of benefits:

  • After a company has been successfully E-registered, it is possible to apply for additional E-2 visas for the following employees in a simplified process.
  • Re-screening of the company by the U.S. consulate is required for additional E-2 visa applications.
  • This allows both time, as well as costs be saved.
  • The length of service with the company does not play a role, which means that even newly hired employees can obtain an E-2 visa.
  • The granting of the E-2 status is not limited to a certain number and can thus indefinitely be renewed

Due to these considerable advantages, companies should always check in advance whether they are eligible for e-registration and thus in the future much time and costcompared to, for example, an L visa.

What are the disadvantages of the E-2 visa?

Restricted access may mean that not all employees can benefit from a company's e-registration:

  • The employee who is to receive an e-visa must necessarily have the same nationality as the company have. For example, German companies that are already E-registered can only obtain an E-2 visa for German employees.
What are the requirements for the E-2 visa?

In order to be eligible for the investor visa, the company must fulfill certain requirements on the one hand, and the employees themselves on the other.

Minimum period of employment

In contrast to the L visa, the E visa category does not require proof of a minimum period of employment in the company. As long as a new employee can prove that he/she has the necessary specialised knowledge, he/she can also obtain an E-2 visa.

Requirements for companies

Before employees can obtain an E-2 visa, the company must be able to provide the following evidence as part of an E-registration:

  • The investor (a person or a company) must be citizens in of a contracting country.
  • If the company is owned by more than one person, it must be at least 50% of which belong to a national of the contracting country.
  • In the case of public limited companies, the nationality of the country in which the stock exchange mainly is active.
  • The applicant must either have already made, or be in the process of making, a substantial investment in the United States. The capital for investment must be irrevocably set be!
  • The investment must be a "considerable" capital sum should comprise. Based on experience, the investment size should currently be around $100,000.
  • The operating business of the US company must have already started. In addition, it should already employ U.S. personnel, if possible.
  • The entrepreneur must have an added value for the US economy and must not operate the U.S. company purely out of self-interest, for example to finance its livelihood. In this context, the creation of U.S. jobs in particular is becoming increasingly significant.

Requirements for employees

Employees must also meet certain conditions to be eligible for an E-2 visa.

  • The nationality of employees must correspond to the nationality of the company.
  • Employees must have the appropriate qualifications for future employment in the United States. This applies, for example, to executives, managers or specialists.
  • There must be a contractual commitment of the employees to the group of companies. This may be a secondment agreement or a regular employment contract with the parent company, a subsidiary or the US site. Employees with fee-based contracts or freelancers do not meet the access requirements.
  • The employees may possess no intention to immigrate but must be willing to leave the U.S. again after the visa expires.
How long is the E-2 visa valid?

Period of validity of the E-2 visa

Depending on the nationality of the applicant, the validity of the E-2 visa also varies. The exact duration is determined with the help of the so-called reciprocity schedule defined. German citizens, for example, receive an E-2 visa with a maximum validity of five years.

However, consular officials also have the option of limiting the duration of the visa. This is the case, for example, if the company is quite small or has relatively low investment capital.

Length of stay upon entry into the USA

Residency status is granted by the immigration officer at the border for a maximum of 2 years at a time, until the visa expires and must be reapplied for through the consular process. In doing so, the exact length of stay is noted on the E-2 visa holder's I-94 form. An extension of this right of residence is usually possible as long as the U.S. company registration is valid, an employment contract exists and the visa is valid.
E-2 extension

Unlike many other work visas for the USA, the E-2 visa can theoretically be extended indefinitely. The prerequisite for this is that the company continues to exist and that all other conditions for E-registration continue to apply.

If the company has more than 25 permanent employees, E-2 registration can be simplified. Otherwise, the initial registration process must be completed again.

E-2 visa application

E-2 Application procedure

Unlike many other visa applications for the U.S., the E-2 application can be filed directly with the appropriateUS Consulate. In Germany, this is the Consulate General in Frankfurt am Main.

The application process for an E-2 visa involves the following steps:

  1. With an initial registration the company must fill in the forms DS-160 and DS-156E, along with numerous supporting documents, such as company letter, business plan, proof of ownership and investments made, and employee resume. Employees of already registered companies must submit this evidence to the interview date
  2. Next the visa application fee has to be paid.
  3. Once the documents have been reviewed, the U.S. consulate will notify the applicant regarding an appointment for a personal interview.
  4. At the interview at the consulate the consular staff will ask further questions about the applicant's file in order to verify all requirements and intentions.
  5. The consulate staff decides whether the E-2 visa application is approved. With this, the company is "E-2 registered" and the employee receives the E-2 visa.
USA

If a company is "E-2 registered", other employees who are also to receive an E-2 visa can skip the first step and bring the required documents directly to the interview appointment.

E-visa applications must not exceed 90 pages, otherwise they will not be processed by the consulate.

Application period for the E-2 visa

How long does it take to apply?

Since initial registration, i.e. the first E-2 visa application submitted by a company, still requires the company itself to be checked first, this takes considerably longer. Here, a processing time of approximately two to six months is to be expected. In addition, there is the waiting time until the interview appointment. The availability of these appointments depends on the season as well as on the respective consulate itself. In general, however, you should allow about six months for the entire application process.

After successful e-registration, there is no need for a detailed check of the company. In this case, employees only have to allow for the waiting time until the interview date.

For both initial and subsequent registration, employees will be sent their passport with the E-2 visa approximately one week after the consulate appointment.

How much does a visa for the USA cost?

How high the costs for US visas are depends on which visa is applied for. Generally speaking, the more application steps are required and the more US authorities are involved, the more expensive the visa application will be. The application fees for US visas can therefore vary greatly.

Anyone applying for a visa for the USA at a US consulate or embassy must pay the following fees:

  • Consular application fee
    General application fee that must be paid by all applicants. The amount varies depending on the visa category.
  • Additional consular fees, if applicable
    There are additional fees that only apply to some visa categories or are only relevant for certain applicants.
  • Costs for passport delivery, if applicable
    The postal delivery of passports is subject to a fee, passport collection is free of charge.
Bild von einer USA Kreditkarte für Visa-Gebühren

Additional costs are incurred for application procedures via the U.S. Citizenship and Immigration Services (USCIS), such as applications for US work visas.

  • USCIS standard fee
    General application fee that must be paid by all applicants. The amount varies depending on the visa category.
  • Additional USCIS fees, if applicable
    Accelerated application processing, for example, is subject to a fee.

You can find more information about the different visa fees, other possible costs and the current payment methods on our fees page.

Go to the cost overview

We advise you comprehensively on your visa options for the USA Get in touch with our experts now!
The most frequently asked questions about the E-2 visa

Spouses and unmarried children under the age of 21 may receive a so-called derived E-1 visa obtained. The duration of validity depends on the citizenship of the family members and is possible for maximum for the same period as the main applicant. Spouses have the option to work for any U.S. employer: either by applying for their own work permit (Employment Authorization Document, EAD), or corresponding note on entry by the border guards.

Family members under E-1 status may also attend public or private educational institutions. Once children reach the U.S. age of majority, they must either change their nonimmigrant status or leave the country.

The following reasons make a successful E-1 application difficult or result in immediate rejection:

  • Employees with little professional experience or "low" qualifications
  • Past crimes
  • Involvement in drug offenses
  • A contagious disease of the employee
  • The imputation of an immigration intention
  • A presumption of illegal employment
  • Lack of application documentation

As a rule, applicants find out on the day of their interview whether the visa will be granted or not. In certain cases, the visa applicant receives a rejection letter from the consulate after a certain processing time. A rejection must not justified be

Once this has happened, it usually takes several months or even years before a new visa can be (successfully) applied for. Theoretically, the applicant has the following options No waiting time until the next submission. However, experience shows that without blatant improvement of the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of specialized professional knowledge, etc.), a renewed application does not seem to make much sense.

Unlike most work visas, the application for an E-1 visa does not have to be filed with the U.S. Citizenship and Immigration Services but can be submitted directly to a US Consulate be applied for.

Also a E-1 visa cannot guarantee you entry into the USA. Here, the U.S. border officials have the final say and decide whether you are allowed to enter and for how long you will be granted residency status.

Spouses and unmarried children under 21 years of age can obtain a so-called derivative E-2 visa. The duration of validity depends on the citizenship of the family members and is possible for a maximum of the same period as the main applicant. Spouses have the option to work for any U.S. employer: either by applying for their own work permit (Employment Authorization Document, EAD), or corresponding note on entry by the border guards.

Family members under E-2 status may also attend public or private educational institutions. Once children reach the U.S. age of majority, they must either change their nonimmigrant status or leave the country.

Spouses and unmarried children under 21 years of age are also granted a derived E-2 visa for the same period as the main applicant. Spouses may also apply for their own Employment Authorization Document (EAD), which is not tied to a specific job or the principal applicant's company. This is usually valid for two years, but can be extended for another two years.

Family members under E-2 status can also attend public or private educational institutions. As soon as the children reach the age of majority in the United States, they must either change their nonimmigrant status or leave the country.

The following reasons make a successful E-1 application difficult or could lead to immediate rejection:

  • Employees with little professional experience or "low" qualifications
  • Past offences
  • Involvement in drug law offences
  • An infectious disease of the employee
  • The assumption of an immigration intention
  • A presumption of illegal employment
  • Lack of application documentation

Accompanying spouses and unmarried children up to the age of 21 years are granted a derived status on application and thus also an E-1 visa. Spouses with an E-1 visa may apply for an Employment Authorization Document (EAD) from the USCIS after entering the United States, which is not tied to a specific job or the main applicant's company, and thus may work in the U.S. independently of their spouse.

This work permit is issued for two years, with the possibility of an extension for a further two years up to the maximum duration of stay of the E-1 visa holder.

Children of E-1 visa holders may attend educational institutions (schools / universities), but may not engage in paid employment. If the children reach the age of majority in force in the U.S., they must change their nonimmigrant status or leave the country.

As a rule, applicants are informed on the day of their interview whether the visa will be issued or not. In certain cases, the visa applicant will receive a letter of refusal from the U.S. consulate after a certain processing time. A rejection does not have to be justified.

Once this has been done, a new visa can usually only be (successfully) applied for after several months or even years. In theory, there is no waiting period for the applicant until the next submission. However, experience has shown that without a blatant improvement in the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of professional expertise, etc.), a new application does not appear to make much sense.

Unlike most work visas, the application for an E-1 visa does not have to be submitted to U.S. Citizenship and Immigration Services, but can be applied for directly at a U.S. consulate.

Even an E-1 visa cannot guarantee you entry to the United States. In fact the CBP officers have the final say and decide whether you are allowed to enter and for how long you will receive a resident status.

The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.

The application for a U.S. visa must be made through the official U.S. authorities, e.g. the U.S. consulates and U.S. embassies. The actual visa application is placed online, but almost every applicant must go to the consulate in person for a visa interview. With some work visas, it is sometimes necessary to send extensive files by mail to the U.S. authorities in the USA prior to the consular application procedure.
We advise and support companies and private individuals in all matters relating to visa applications. Read more about the requirements, duration and costs of a visa application

A U.S. work visa is always tied to a specific U.S. company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.

The application process begins with the U.S. company that wants to hire you. The U.S. employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.

Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the U.S. employer.

In the event that the employment contract is terminated, the U.S. work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.

This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the U.S. for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.

Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the U.S. border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.

Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.

Depending on the visa type, the application is made through the U.S. consulates in the home country or additionally through the U.S. Citizenship and Immigration Services (USCIS). In Germany, for example, you can apply at the U.S. Consulate in Berlin, Frankfurt/Main or Munich.

IMPORTANT: Since 2001, all applicants between the ages of 14 and 79 have been required to appear in person without exception. This means that all visa applicants of this age must submit their application at a personal interview at the U.S. consulate. No documents are submitted in advance by mail (exception: age groups under 14 and over 79, here the application is submitted by mail). Another exception at present is theVisa Reissuance Program.

All applicants of a Nonimmigrant visa must be in addition to the Online application DS-160a visa profile on the website of the Visa Information Servicecreate for the purpose of making an appointment and paying the visa processing fee.

In the first step you make the payment of the visa fee (please note that the application fee is not refundable if your visa is rejected). The fee can be paid by online bank transfer, SOFORT transfer (electronic funds transfer), debit card or cash at a bank. Usually you will receive an email notification that the payment has been received and your account has been activated so that the appointment can be made.

The interview appointment must be made either online via the visa profile or by calling the U.S. consulate call center at +49 (0)322 2109 3243. If you make the appointment online via your Visa Profile, you will have the opportunity to view the available appointments at the U.S. consulates in Berlin, Frankfurt/Main and Munich in a calendar. You will then receive an "Appointment Confirmation", i.e. an appointment confirmation including proof of payment of the visa application fee. Appointment postponements or cancellations are possible. However, if you postpone your appointment more than twice, you will have to go through the whole process from the beginning and pay the visa fee again. On our website you can find the current visa fees.

Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.

Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.

Basically, in addition to the common DS-160 application form, applicants must have and the "Appointment Confirmation" you have to submit further documents. What these are also depends on the visa applied for.

Please note that your passport will be retained at the U.S. Consulate on the day of the interview and will be delivered by registered mail to a German address after a processing time of approximately one to two weeks. A personal pickup of the visa or an issuance on the same day are not possible!

Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.

Employees or business owners must also meet a certain requirement profile to obtain an E-1 visa:

  1. The applicant must be a citizen of the respective contracting country. This means that a company that is majority German-owned can only file E-1/E-2 applications for German citizens.
  2. Only employees in executive or managerial positions, managers, or individuals with specialized knowledge qualify for the E-1/E-2 category.
  3. Employees must be able to present either a German or American employment contract or secondment agreement with the company. This means that proof of regular employment within the group of companies must be provided.

NOTICE: There is no minimum period of employment for employees within the group of companies, as is the case with the L visa. Consequently, new personnel can also be sent or deployed in the USA via E-1/E-2 status. However, it is also necessary to prove that new employees who are not managers or directors have the necessary specialized knowledge.

In contrast to many other work visas, not only the respective applicants (employees and/or company owners) receive an E-1/E-2 visa and thus a work permit for the U.S. in the initial application process - rather, the U.S. company is simultaneously "registered" with the U.S. authorities for (usually) five years as a whole at the U.S. consulate (= E-registration).

What are the advantages of this registration process?
Within the next five years, additional employees (including new hires, if applicable) can be sent to or deployed at the U.S. company in a greatly simplified process.
This eliminates the need to submit an elaborate application in advance for additional E-1/E-2 visa processes within the approved registration period. Employees can present their documents directly at a personal interview appointment at the relevant U.S. consulate. The simplified procedure means considerable cost and time savings for the company. Especially in comparison to the expensive L-visa procedure, the E-status is therefore always an alternative worth considering!

Nationality link of e-registration
The only shortcoming of E-registration: the nationality requirement for personnel. This means that German companies can only issue E-1/E-2 visas to German nationals. The same applies to companies that have a different nationality. For example, a French company would only be allowed to issue E-1/E-2 visas to French employees.

Extension of e-registration
After expiration of the E-1/E-2 registration, an application for renewal can be filed at the U.S. Consulate. If the U.S. company already has more than 25 U.S. employees at that time, a simplified renewal procedure can be used.
To the extent that 25 or fewer U.S. citizens are employed, a complete new application (as in the initial registration process) must be submitted to the appropriate U.S. consulate.
In fact, as long as the U.S. company exists and the E-1 visa requirements are still met, the E-registration can be renewed indefinitely.

First of all, you have to distinguish between the period of validity of the visa and the period of stay granted at the US border (see FAQ What is the difference between visa and status?).

Period of validity of the e-visa
The validity period of an e-visa depends on the nationality. Depending on the nationality, is determined on the basis of the so-called Reciprocity Schedule decided how long the visa will be valid. For example, German citizens usually receive a five-year E-1 or E-2 visa. But the issuance of a one- or two-year E-visa is also possible if the E-registration of the company is limited to less than five years.
Although the company's registration is usually for five years, the registration may be limited to one or two years, especially if it is a smaller company that can demonstrate only small trading volumes. In addition, for smaller companies, the issuance of E-1/E-2 visas may be based on the remaining registration period. However, for medium to large companies with a high number of U.S. personnel, E visas are most often issued for five years, regardless of how long the E registration remains valid.

Length of stay upon entry into the USA
Upon entry into the U.S., the border agent decides how long an e-visa holder is allowed to stay in the U.S.. And the allowed length of stay of the e-visa holder will be indicated on his/her Form I-94 noted. In the rain, an e-visa holder receives a two-year residence permit for the first and all subsequent entries. The extension of the stay in the U.S. is unlimited as long as the registration of the U.S. company is available, the employee has a valid visa and the employee can prove a (German or American) employment contract or assignment contract within the group of companies.

Accompanying spouses and unmarried children up to 21 years of age will be granted derivative status upon application, and thus also an E-1/E-2 visa. Spouses with an E-1/E-2 visa may nfter entering the countryto the USA a General Work Permit (Employment Authorization Document, EAD) apply to the U.S. Citizenship and Immigration Services (USCIS) and thus pursue work in the U.S. independently of their spouse.
The work permit is issued for two years, with the possibility of extension for another two years, up to the maximum duration of stay of the E-1/E-2 visa holder.
Children of E-1/E-2 holders may of course attend educational institutions (schools/universities), but may not engage in paid work.

As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the U.S. location.

As a rule, applicants find out on the day of their interview whether the visa will be granted or not.
In certain cases, the visa applicant receives a letter of refusal from the consulate after a certain processing time. Incidentally, no reasons need to be given for a refusal. The reasons for this can be manifold and range - depending on the visa category - from the assumption of an immigration intention, to the presumption of illegal employment, to insufficient application documentation.
Once this has happened, a new visa can usually only be (successfully) applied for after several months or even years. Theoretically, there is no waiting period for the applicant until the next submission. However, experience shows that without a blatant improvement in the requirements of the respective visa category (e.g. proof of the intention to return to the home country, financial means, proof of specialized professional knowledge, etc.), a new application does not appear to make much sense.

Other visa topics