Consular Processing (E-2 Investor) USA

Introduction

Consular Processing refers to the procedure through which foreign nationals can apply for and obtain a nonimmigrant visa at a U.S. embassy or consulate in their home country. The E-2 Investor visa is a popular choice for individuals seeking to invest in and manage a business in the United States. This page explores the key aspects of Consular Processing for E-2 Investor visas.

E-2 Investor Visa Overview

The E-2 Investor visa is a nonimmigrant visa category that allows foreign nationals from countries with which the United States maintains a Treaty of Friendship, Commerce, and Navigation to enter the U.S. for the purpose of directing and developing a substantial investment in a U.S. enterprise.

Eligibility Criteria

To qualify for an E-2 Investor visa, applicants must meet certain eligibility requirements, including:

  • Nationality: The applicant must be a national of a treaty country.
  • Investment: The applicant must have made a substantial investment in a U.S. business or be in the process of making such an investment.
  • Ownership and Control: The applicant or their company must own and control a significant portion of the U.S. enterprise.
  • Marginality: The business must not be marginal and should have the capacity to generate more than a minimal living for the investor and their family.

Consular Processing Steps

  1. Business Plan Preparation: Before applying for the visa, applicants should create a comprehensive business plan outlining the investment, the business’s operations, financial projections, and how the investment will benefit the U.S. economy.
  2. Online Application: The first step is to complete the Online Nonimmigrant Visa Application (Form DS-160) and pay the required application fee.
  3. Schedule Visa Appointment: After completing the DS-160, applicants must schedule an appointment at the U.S. embassy or consulate in their home country.
  4. Gather Required Documents: Applicants need to gather necessary documents, including the DS-160 confirmation page, passport, photograph, business plan, evidence of investment, and other supporting documents.
  5. Attend Visa Interview: On the scheduled date, applicants attend an in-person visa interview at the U.S. embassy or consulate. The consular officer evaluates the application, interviews the applicant, and reviews the submitted documents.
  6. Visa Decision: The consular officer makes a decision on the visa application. If approved, the applicant’s passport will be stamped with the E-2 visa.

Visa Validity and Renewal

An E-2 Investor visa is typically granted for a specific period, often up to five years, depending on the terms of the treaty with the applicant’s home country. The visa can be renewed as long as the business continues to meet the eligibility criteria and the investor maintains their role in the business.

Conclusion

Consular Processing for the E-2 Investor visa is a pathway for foreign investors to enter the United States and contribute to the U.S. economy through substantial investments. By adhering to the eligibility criteria and following the required steps, investors can navigate the process successfully and pursue their entrepreneurial aspirations in the U.S.