The E1 and E2 visas are two types of **nonimmigrant worker visas.** **The [E1 visa is for Treaty Traders](https://www.grapelaw.com/visas/investor-and-trader-visas/e-1-visa), while [E2 is for Treaty Investors](https://www.grapelaw.com/visas/investor-and-trader-visas/e-2-visa).**

Holders of the E1 trader visa are meant to carry out **trade activities in the US** on a temporary basis, whereas E2 investor visa holders can make **investments and move to the US temporarily.** You must note however that E1 and E2 **both are issued to nonimmigrants of select countries with which the US has a treaty of Trade and Commerce.**

The differences between E1 and E2 are significant and subtle, thus you should choose the visa that fits your situation the best.

This article might help you decide whether visa type E1 or E2 would be suitable for you.

## E1 Trader Visa

The E1 visa allows an**individual trader or an employee of a US trading company to work legally on trading operations inside the US.**

The US company with which the individual is associated should carry out at least 50% of the business with the individual's country.

The trader or the trading employee must belong to one of the treaty countries of trade and commerce [listed by the US](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html). **If your country is not on the list, you will not be eligible for this visa type E1.**

Trade activities are **not restricted to any specific trade or industry**, so as long as it's legal you can engage in any kind of trade.

The **initial time period for an E1 trader visa is 2 years**, which can later be renewed in 2-year increments an unlimited number of times.

The 2 years initial validity is just a general indicator. The actual validity varies from case to case as various factors affect the initial validity. Factors like reciprocity rules between treaty countries, your nationality, application method, and portfolio of enterprise decide the initially approved period of stay.

According to USCIS, the trade in goods and services should be 'substantial' in terms of value and volume. Some examples of trade activity enterprises that qualify under the E1 category include International Banking, Insurance, Transportation, Tourism, and Communications.

### Advantages and Limitations of the E-1 Status
**Some advantages of E1 status include:**

- Ability to travel freely in and out of the US while possessing a nonimmigrant status.
- Ability to stay on a prolonged basis by taking two-year increments, with an unlimited number of extensions. 
- Ability to keep your dependents with you in the US, as long as you maintain your status.
 
**Some limitations of the E1 status include:**

- The fact that you are restricted to working on the self-employed business, or for the specific employer that acted as your E1 sponsor.
- The E1 trader visa is available only to foreign nationals of select treaty countries. 

## E2 Investor Visa
The E2 investor visa allows foreign nationals of **treaty countries to invest in and manage a business in the US.** This is a non-immigrant visa available only to the residents of countries having a [bilateral investment treaty](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html) with the US, as in the case of the E1.

Some businesses that you can invest in under the E2 status are real estate, tourism, education, home services, gastronomy, construction, pets and personal care, and others. In short, the investment must be in a legal business, and should be 'substantial'.

Substantial is a vague term, however, it implies that- in a **substantial business investment the investment funds or assets are committed and irrevocable** i.e. the money invested in the enterprise should be at risk; the investment must be sufficient to carry out day-to-day business tasks or the successful operation of the enterprise.

### Advantages and Limitations of the E-2 Status
**Below are a few great benefits of this status:**

- The ability to live and work in the US for an extended period of time
- The ability to travel freely in and out of the States, and bring your children & spouse to the country.

**E2 also comes with a few disadvantages:**

- Investors from only a few countries are allowed.
- The investment fund must be substantial, at risk, and under control. 
    - Generally speaking, a minimum investment of USD 100,000 in an enterprise supports a good visa type E2 case. In case, you are unable to make this much investment, then you can invest lesser than USD 100,000 in low-cost startup businesses. 
    - Basically “substantial” investment amount differs and depends on the overall value of the enterprise.
- The investor's sole purpose for coming to the US must only be the development and management of the bona fide enterprise. 
## Common Eligibility Requirements for E1 and E2
1. **Treaty Requirement** 

Firstly, the applicant's home country must have a valid treaty of trade and commerce or a bilateral investment treaty with the US.

2. **Nationality Requirement**
The applicant must be a national of the listed treaty countries.

3. **Ownership or Control** 
The applicant or their employer must have either a 50% ownership of the trading company/ investment enterprise, or they should have operational control of the enterprise through a managerial position.

4. **Investment/Trade Requirement** 
The individual or their associating trade company/investment enterprise must engage in or make an investment in a substantial manner.

The trade should have a continuous flow of goods, services, or technology. In the case of substantial investment, it should ensure the success and viability of the business. 

*See also: [Employment Visa Options in the US](https://www.grapelaw.com/library/content/working-in-the-us-a-guide-to-employment-visa-options)*

## E1 and E2- Key Differences
While both visas have lots of similarities in terms of validity, treaty countries, and broad purposes, they also have a few considerable differences. 

**Check the following key differences between E1 and E2**

1. The primary focus of E1 is Trade, while that of E2 is Investment. 
2. The broad purpose of the E1 trader visa is to promote and facilitate ongoing trade activities of the US with treaty countries. While an E2 investor visa purposefully supports the growth and success of a US enterprise, with the help of a treaty country.
3. The applicant is not required to make any sort of investment for obtaining E1, while it is a must for visa type E2.
4. Generally, the initial validity of the E1 and E2 are up to two years. The validity varies from country to country. However, you could be granted two years of extensions with no limit.
5. The initial validity for E1 and E2 is subject to your country of residence, the age of your enterprise, and reciprocity rules between your country and the US.

*See Also: [Visa for Entrepreneurs in the US](https://www.grapelaw.com/library/content/permanent-and-non-immigrant-visa-for-entrepreneurs-in-the-u-s)*

## List of E1 and E2 Treaty Countries
Over 60 countries have the treaty of trade and commerce with the US, as of 2023.
 
Wondering whether your country is on the list or not? You can check the full [list of E-1 and E-2 treaty countries here](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html). 

## Choosing the Right Visa

If you are still wondering which one you should choose, you can weigh in a few factors for making the best choice.

The following are the factors to consider when deciding between E-1 and E-2 visas.
### Nature of Business Activities
 
Assess the type of activities you or your company are primarily engaged in. 

If your business involves **substantial trade between your home country and the United States, the E-1 may be more suitable. Conversely, if your goal is to make a substantial investment in a U.S. enterprise, the E-2 would be a better fit.**
### Capital Investment Capacity
 
You should evaluate your financial resources and determine the amount of capital you are willing and able to invest. 

The E-2 status requires a substantial amount of investment, which should be sufficient to ensure the success, viability, and reciprocity of the business. So, if you have the financial means to make a significant investment, E-2 may be a viable option for you. 

On the other hand, if you have limited capital but you engage in substantial trade, the E-1 status might be a better choice. 
### Long-Term Goals and Plans
 
Reflect on your long-term objectives in the United States. If you intend to establish a long-term presence and actively participate in trade or investment activities, evaluate which status provides the most suitable framework for your goals. 

Consider other factors such as the duration of the stay allowed under both visa statuses, the potential for renewal, and the path to permanent residency or other immigration options for playing it long term.

**Each individual's situation is unique, and thus it is recommended that besides eligibility requirements, benefits, and other provisions, you evaluate your individual circumstances too, and then opt for the choice between E-1 and E-2.** 

Consulting with an experienced immigration attorney can help you make an informed decision on the basis of your individual profile, needs, and goals.
## We are Here to Help
You can obtain an E1 trader visa or E2 investor visa by meeting the eligibility requirements, being from the treaty country, and by demonstrating substantial trade/investment in a US enterprise. 

However, a single mistake or omission in your application can cost you denial, so the visa rules, eligibility, and application process must be carefully adhered to. If you feel hesitant filling out the application or making the formalities yourself, and want to ensure your application is perfect, [leave us a message](https://www.grapelaw.com/contact) or [schedule a video meeting](https://calendly.com/grapelaw) now. Our immigration advisor would take care of the rest. 




The E1 and E2 visas are two types of nonimmigrant worker visas. The E1 visa is for 'Treaty Traders', while E2 is for 'Treaty Investors'.

e1-trader-and-e2-investor-which-one-you-should-apply.webp

E-1 Visa and E-2 Visa: Which One You Should Apply?

Adjustment of Status (AoS) is what you need to apply for permanent residency, while inside the US on a nonimmigrant visa.

The provision of becoming a permanent resident of the US, lawfully, is laid under **section 245(i) of the Immigration and Nationality Act (INA)**. 

In this article, you can discover the benefits, requirements, and steps of Adjustment of Status (AoS). So keep reading to learn how AoS can benefit you and take the first step toward becoming a permanent resident!

Note: By referring to "You" throughout the article, we mean the “beneficiary”.
## Why You Should Do Adjustment of Status
Making the US your home can come with lots of perks and benefits. These perks can only be availed when you apply for an adjustment of status of your temporary visa, **to become a Green Card holder through [employment](https://www.grapelaw.com/visas/employment-based) or [family](https://www.grapelaw.com/visas/family-green-cards).**

### No Need to Leave the U.S.
By filing your adjustment of status application, you may not need to leave the US for getting permanent residency, thus **saving lots of time, stress, and expenses.** 

You can complete all the paperwork, and interviews for permanent residency while you are in the US on a nonimmigrant visa, through this process.
 
### A Streamlined Process
AoS is a streamlined process of getting a Green Card that is more convenient than the consular process of getting an immigration permit from your home country.

Even if the advantages of getting a Green Card through AoS are a plus, **applications from your home country take less time during the process.**
### Access to Employment Opportunities
 AoS, which results in obtaining a permanent residency, provides you with **larger and more diverse job opportunities**, thus enabling greater career growth. 

After adjusting your status, you do not need a work visa or sponsorship every time you change your employer.

See also [the difference between Green Card and Non-immigrant visa](https://www.grapelaw.com/library/content/green-card-vs-visa-2023)
### Ability to Travel Freely
While you’ve applied for permanent residency through the process of AoS, it would ensure that you don't need any additional paperwork or visa process every time you travel inside the US. 

You can travel outside of the US also while your AoS is pending in case of unavoidable circumstances or an emergency only. This can be done by obtaining an additional advance parole document (or travel permit). 

**We recommend you not to travel outside of the US while your status is pending,** as USCIS considers going outside of US, while the application is under review as equivalent to abandoning the application.  

Worth reminding that absence of more than 6 months from the U.S. may break the continuity of your residency. For more information visit [uscis.gov](https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3#:~:text=Absence%20of%20More%20than%206,the%20continuity%20of%20such%20residence.) web page.
### Government Benefits
A pending permanent residency status still gets you essential government benefits, like Social Security, and Medicare. 

Apart from these perks, you get a few extra benefits while your AoS is pending such as

- You can apply for Advance Parole. This allows you to travel abroad while your application gets approved.
- Even if your nonimmigrant visa expires during the pending status, you can still legally live in the US.
- You can work under any U.S. employer.
*Depending on your Green Card category, you may be obliged to work for your sponsorship in a period of time.*
## Adjustment of Status Requirements
You must fulfill a few general requirements in order to qualify for an application to AoS. 

- You must be **physically present,** at the time of the petition, in the United States.
- You must **not have inadmissibility grounds** for adjustment of status.
- You, while being an alien, must possess an approved immigration petition.
- You must have **entered the US legally** during the interim residential period (i.e. while being a nonimmigrant)
- Your petition shall qualify and will be subject to the availability of a Green Card **within a particular numerical annual quota.**

Additionally, there shouldn't be any change(s) in circumstances that could negatively affect your adjustment of status. 

## Two Broad Categories of AoS Petitions
The two broad categories for classification of the petitions AoS is based on the kind of relationship that the beneficiary immigrant possesses with the U.S. sponsor. 

The US sponsor, who is also the “petitioner”, can be the family relation of the beneficiary, or their employer.
### Family-Based Petition Category
There are two subcategories of AoS petitions that you can consider under Family-based petitions.
#### Immediate Relative Petition
This subcategory applies to the immediate **family members of a US citizen only.** The beneficiaries under this category are given special immigration priority. And an unlimited number of visas are available throughout. 

If you are a US citizen, you can file for an immediate relative petition on behalf of your parent(s), spouse, child (unmarried, below 21), or stepchild (or an adopted orphan). 

As a petitioner, you will be required to file an I-130 petition on behalf of the beneficiary and be required to show proof of your US citizenship and evidence of your relationship with the beneficiary. 

**While filing an I-130 petition, you can simultaneously apply for AoS.** 

Filing the I-130 petition assures USCIS, in proof, that you possess an immediate family relationship with the petitioner (a US citizen). 

While the function of the status adjustment application is that the beneficiary doesn't possess any admissibility issues which might affect his/her approval and that the background checks have been conducted to ascertain the beneficiary's complete identity.

#### Family-Preference Petitions
Family Preference Petitions **are meant for more distant family relationships.** These petitions are reserved for U.S. citizens and lawful permanent residents. These are few in number and have more wait time associated with them in comparison with the above category.
Qualifying family relationships with the beneficiary include- 

- **F1** - Son or Daughter (21 or above, unmarried), of U.S. Citizens 
- **F2A** - Spouse; Unmarried Son, Unmarried Daughter (under 21), of Permanent Residents
- **F2B** - Adult and Unmarried Daughters and Sons, of Permanent Residents 
- **F3** - Married son or daughter (any age), of U.S. Citizens
- **F4** - Brother or Sister, of Adult U.S. Citizens

You will be required to establish your relationship with the beneficiary. And must pledge to sponsor the beneficiary family member to the US. Also, you must assure that they are free of inadmissibility issues such as the absence of health, immigration violations, and criminal record issues. 
### Employment-Based Preference Petitions
The Employment-based (EB) preference immigrant categories are reserved for those aliens who wish to get permanent resident status through EB visa categories. An alien’s status can be adjusted to permanent residency, while they’re in the US working under different professions.

There are three kinds of employment categories that are applicable for adjustment. 

- **First preference (EB-1)** - These include priority workers, such as aliens with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers.
- **Second preference (EB-2)** - EB-2 include people holding advanced degrees in various professions.
- **Third preference (EB-3)** - This category includes skilled workers, and professionals not included in EB-1 and EB-2.
- **Fourth Preference (EB-4)** - Exceptional applications. Mostly used for religious workers.
- **Fifth Preference (EB-5)** - Permanent residency through high amount of investment.

You, as a self-petition, or your employer should fill out Form I-140, Immigration Petition for Alien Worker along with Form I-485, in order to qualify.

If you are not sure about which petition you should file, you should contact an experienced immigration attorney who shall help you at each step of the application process. Nevertheless, we have simplified the steps for AoS below.
## Steps for Adjustment of Status
### Determine If You are Eligible for Green Card
Firstly, you need to check your (beneficiary's) eligibility for Green Card. You can check this by giving a glance at various immigrant categories.
 
It is of utmost importance for you to know which category is applicable to you, as each category has a different set of requirements, failing which your application might not move further.

Check your Green Card eligibility categories from [USCIS](https://www.uscis.gov/green-card/green-card-eligibility-categories).
### File an Immigrant Petition for the Beneficiary
Now that you have checked your eligibility, it's time that you consider filling out two forms 

- Immigrant Petition: Form I-130 or Form I-140
- Adjustment of Status: Form I-485 

The immigrant petition form will be filled on your (beneficiary) behalf by a US citizen, or a lawful permanent resident (Green Card holder) of the US. 

There are various types of petition forms that depend on the relationship of the beneficiary in the context of the petitioner. 

For example, if you are an alien relative, then your immigrant petition form will be Form I-130; Form I-140 for an alien worker; Form I-929 for a Family member of a U-1 Nonimmigrant. 

After your immigrant petition is approved, you can move on to fill out the AoS form i.e. Form I-485. Sometimes Form I-485 can be filled simultaneously with the Immigrant Petition Form, or while the latter is pending. **This is called "Concurrent Filing"**

### File Form I-485
You can file Form I-485. This is a formal application for adjustment of status. As noted earlier, you must be residing in the US for filing this form.
### Take your Application Support Center (ASC) Appointment
You will need to go for your biometrics after filing Form I-485. The USCIS will notify you of the date(s), time, and location on which your biometric is to be done.

They will ask you to come to a local **Application Support Center (ASC)** for the metrics.The biometrics largely include your fingerprints, photograph, and signature, so that USCIS can establish your identity for background and security checks.
   
In case you are not available on the notified timings, you need to notify USCIS and request to reschedule your appointment, failing which your Form I-485 may get nullified.
### Attend Your Interview
In certain cases, USCIS will call you for an interview. They will ask you to take an oath and affirmation with regard to Form I-485.
 
You (beneficiary) will be required to be accompanied by your petitioner (lawful permanent resident or citizen of the US).

Both of you must carry all the documents that you submitted with Form I-485, in original. This may include- passports, travel documents, Form I-94.
### Check Your AoS Status
Once you are done with all the formalities, you can wait for the formal approval of your Status. You may check your status through a [dedicated online portal](https://egov.uscis.gov/casestatus/landing.do), or by calling USCIS Contact Center at 800-375-5283.

You need to keep the details such as receipt number, A-number*, name, and date of birth handy for reference.

***A-number** is an Alien Registration Number. It is a seven to nine-digit unique identification number provided to you (a noncitizen) by USCIS. This number is used for identifying, referencing, and tracking immigration files. It looks something like- A012345678*
### Final Decision
USCIS is the authority to make the final decision on your Green Card application. Once they approve your application, they will send you an Approval Notice in writing. 

After you get the Approval Notice, a little later, you will receive your actual Green Card, congrats!

All the above steps are crucial for a successful Adjustment of Status (AoS) application. If you have difficulty following or want to get more clarity on the steps above, consider getting a consultation with an experienced immigration attorney.
## Adjustment of Status Timeline
If you are wondering how long it takes to get the status of your residence permit adjusted, that depends on several factors, such as- the type of application, the number of people applying, and your individual circumstances.

Often, the processing time is slow. However, you may consider the following as approximate timings for adjustment of status.

- **Alien Relative (Form I-130)** - 15 months
- **Nonimmigrant Worker on H-1B visa (Form I-129)**- 2 months
- **Alien Fiancé (Form I-129F)**- 16.5 months
- **Alien Worker on E31/E32 Visa**- 7.5 months
- **A Family Member of U Nonimmigrant** - 27 months.

Note: The above timeline is for California Service Center, and are approximate dates of processing. The processing time highly depends on the Service Center, or the Field Office that you have applied from. Currently, there are 5 Service Centers that you can apply from. 

You can calculate the processing time for your application on [USCIS](https://egov.uscis.gov/processing-times/).
## Working with Grape Law for Adjustment of Status

The immigration process can be complex and tedious. While you can always get support through your petitioner, consulting with an Immigration Attorney can make the process more fruitful and hassle-free.

An immigration attorney would make you understand all the legal requirements, take care of your documentation, and appear successfully for any appointments.

So don't leave your future in the hands of chance. Contact our immigration advisor so that all the needs are fulfilled, and requirements are met. [Schedule a consultation](https://calendly.com/grapelaw) with us and take the first step toward obtaining your Green Card today.

## FAQ
**What are the Benefits of Filing an Adjustment of Status?**

Adjustment of status (AoS) puts you in the process of becoming a permanent resident of the US. While your status is pending, you can still work and travel freely across the US lawfully.

**How Long Does Adjustment of Status Take?**

It typically takes 12 to 24 months (excluding exceptions), depending on the type of application and other factors.

**What are the Steps for Adjustment of Status?**

Firstly, you check eligibility categories, Then you submit Form I-485, gather supporting documents, attend the biometric appointment, and wait for the decision.

**What is the Difference between a Change of Status and an Adjustment of Status?**

Change of Status is when you apply to change your nonimmigrant status to another kind of nonimmigrant status.
Adjustment of Status is when you apply for changing a Nonimmigrant to an Immigrant (Green Card) status.

**What are the Inadmissibility Grounds?**

Inadmissibility from applying is a situation due to which you may be denied access to becoming a permanent resident. The bar to adjustment can include an undesirable and unlawful means for entry to the US, and commitment of an act of violation.

**What is Concurrent Filing?**

When you submit Form I-130 and Form I-485 simultaneously, it is called Concurrent Filing.

**What Happens if the AoS is Denied?**

You can file an appeal or a motion to reopen or reconsider if your application is denied.






Adjustment of Status (AoS) is what you need to apply for permanent residency, while inside the US on a nonimmigrant visa.

adjustment of status requirements and steps

adjustment-of-status-requirements-and-steps-grape-law.webp

Adjustment of Status Requirements and Steps

The United States is home to some of the world's largest and most innovative start-up ecosystems, with cities like San Francisco, New York, and Boston attracting Start-Up investors, founders and entrepreneurs from all over the world.

However, **navigating the U.S. immigration system can be challenging**, especially for start-up investors and founders looking to establish a business in the country and intending for a Green Card. 

In this article, we will explore some of the non-immigrant and immigrant visas for business owners.
## Benefits of Permanent and Non-immigrant Visas for Start-Up Investors and Founders

Permanent and non-immigrant visas provide a pathway for Start-Up investors and founders to establish and grow their businesses in the United States. Some of the benefits of these visas include:
You gain the opportunity to live and work in the U.S., temporarily or permanently 

- You get permission to bring your family members to the U.S in case of Permanent visa (Green Card)
- The liberty to move without restrictions across national borders
- Access to U.S. government resources and services 
- You can also, after a certain period of time, apply for U.S. citizenship (if already holding a non-immigrant visa)

Now let’s thoroughly examine the distinct types of Permanent and Non- immigrant visas for startup investors and founders in the United States, including their specific requirements, benefits, and procedures for obtaining them. 


## Requirements for Permanent and Non-immigrant Visas for Start-Up Investors and Founders

As a business owner looking for a visa in the US, the **EB-5, E-2, and L-1A visas are the top picks**. They’re pretty popular choices, but they do come with their own specific requirements, the application process, and conditions to fulfill. 

Just to give you a heads-up, the following are some prerequisites that apply to both immigrant and non-immigrant visas in the US.

- The investor or founder must have a viable business plan and a significant investment in the business 
- The business must have the potential to create jobs and contribute to the U.S. economy 
- The investor or founder must have the necessary skills and experience to run the business 
- The investor or founder must have a clean criminal record and be in good health

Let’s look deeper in each of the immigrant and non-immigrant visa options available for startup investors and founders in the US. 
## Permanent Visa for Start-Up Investors and Founders

When it comes to making the best choice for a US Green Card for business owners, the US EB-5 Immigrant Investor Green Card Program tops the list. The reason? It is the most flexible and sure-shot way to acquire permanent residency. 
### EB-5 Investor Green Card

By making an investment in a brand-new American business, overseas investors can become US citizens through the EB-5 Visa, or the EB-5 Investor Green Card program. 

When you invest a minimum **$800,000 in Targeted Employment Areas** (TEA) or **$1,050,000 in non-Targeted Employment Areas**, and also create at least **10 permanent full-time positions for American citizens**, you can get qualified to apply for an EB-5 Visa as a founder or startup investor.
#### Benefits of the EB-5 Visa

EB-5 is a top choice for US green cards among startup investors and founders due to its relatively shorter waiting period (around 5 years), ability to provide children access to prestigious education, and increased national and international mobility. Additionally, the following are some of the other great benefits associated with the program.

- **Permanent Residency:** The EB-5 visa paves the way to permanent residency in the United States for the investor, their spouse, and children under 21 who aren’t married.
- **No Job Offer or Sponsor Required:** Unlike other employment-based visas, the EB-5 program does not require a job offer or a sponsor.
- **Flexibility:** Investors can choose to invest in a new commercial enterprise or a regional center, which allows for more flexibility in the investment structure.
- **Mobility:** The investor’s spouse and children can live, work, or study anywhere in the US. If you have done an investment in a  regional center, then you can move off the state of investment. In case of a direct statement, you’ll have to reside within the concerned state.
- **Education:** Public schools and universities offer in-state tuition to the children of EB-5 investors. The best thing about EB-5 green card for startup founders is that it provides the same opportunities for studies and jobs, as American citizens. Your children get the access to best institutions in the world at the tuition fee of the natives.
  
#### Requirements for the EB-5 Visa


Before moving right into the process, startup investors must understand the EB-5 requirements. The EB-5 visa requirements have multiple components that need to be carefully fulfilled. 

Among them, fund analysis is a crucial part that requires meticulous attention. Any mistakes in this can result in a green card rejection. 

**Investment Amount:** 

The investor must invest at least $1 million 50 thousand in non-Targeted Employment Area, or $800,000 in a Targeted Employment Area (TEA). As per the guidelines provided by the United States Citizenship and Immigration Services (USCIS), Targeted Employment Areas (TEA) refer to rural areas or regions with high unemployment rates that are 150% of the national average. 

It’s important for investors to diligently ensure that their program aligns with the requirements set by USCIS.

**Job Creation:**

The investment should ensure that 10 full-time positions or more are created within two years for workers based in the United States. There is also a provision for indirect or induced job creation when the investment is made through a regional center.

**Source of Funds:** 

The investor must give proof that the money was acquired legally. Lawful sources of funds for investments include stocks, bank account deposits, salaried income, and securities. 

For other sources, it’s crucial to demonstrate the original source of funds. If investing through inheritance money, investors need to ensure all relevant documents, including estate settlements of the deceased, are available. Additionally, tax returns for the past 5 years must be filed as part of the application process.

#### What is the Process for Obtaining an EB-5 Green Card

Here’s the process of obtaining an EB5 visa with your high amount of investment.

- **File the I-526 Petition:** The investor files an I-526 petition with USCIS, which includes evidence of the investment and its potential to create jobs.
- **Conditional Green Card:** The investor and their family members are granted conditional permanent status for two years if the petition is successful.
- **File the I-829 Petition:** The investor submits an I-829 petition to lift the restrictions on their permanent residency 90 days before the conditional green card expires.
- **Permanent Green Card:** If the I-829 petition is approved, the investor and their family members receive permanent residency in the United States.

The Department of State (DOS) has released its 2022 Report of the Visa Office, which indicates that 32% of EB-5 visas were reserved for investors in Targeted Employment Areas (TEAs).
 
Surprisingly these visas remained unutilized for 2022, resulting in a carry-over to FY 2023. **This means that there are higher chances of obtaining an EB-5 visa** when investing in TEAs or in infrastructure projects.
 
## Non-Immigrant Visa for Start-Up Investors and Founders

If you’re a new entrepreneur seeking new opportunities in the US but unsure about committing long-term, a non-immigrant visa for investors is a great option. 

It allows you to run a temporary business to test the waters, before making it big in the States. The **[E-2](https://www.grapelaw.com/visas/investor-and-trader-visas/e-2-visa) and [L-1A](https://www.grapelaw.com/visas/investor-and-trader-visas/l-1-a-visa) visas** are the best choices for startup founders looking for non-immigrant visas in the US. They offer flexibility and growth opportunities while navigating immigration requirements. 

Let’s look into both of these non-immigrant visas for investors in the US. 
### E-2 Visa

Foreign businesspeople who want to invest **a sizable amount of money** in a US-based company can apply for a non-immigrant E-2 visa. It is also known as a treaty investor visa.

The investment amount is not indicated but as a general speaking, around $100.000 investment could be sizable. On the other hand, depending on your type of business, even $50.000 could be enough to get an E2 visa.

This visa is intended exclusively for investors from the nations with which the United States has a commerce and navigation treaty. As of 2023, **80+ countries hold a treaty of commerce and navigation with the US.** 


With an E-2 visa, the investor and their family are able to live in the US and manage their business activities, while providing the best education and working opportunities. With unlimited reentry opportunities, the E-2 visa gives you the freedom to travel and expand your business with ease. 

#### Benefits of the E-2 Visa

As a treaty investor, the possibilities are endless with the E-2 visa program! From investing in hotels, restaurants, gas stations, or even franchises like Walmart, you can enjoy a plethora of benefits like the following. 

- Permits citizens of treaty nations to invest in and run businesses in the U.S.
- Although there is no fixed minimum investment amount necessary, the investment must be sizeable
- Enables spouses and unmarried children younger than 21 to travel and reside with the visa holder
- As long as the business entity is active and the investor satisfies the requirements, it can be continued indefinitely
- The number of **E-2 visas granted each year is not restricted** 

It’s important to note that not all E-2 visas are the same. For instance, a Canadian investor may have more flexibility and enjoy greater benefits compared to a Ukrainian investor, who may face stricter restrictions on their authorized stay period. 
It’s crucial to be aware of these nuances when considering the E-2 visa program based on your nationality. 
#### Requirements for the E-2 Visa

The requirements for the E-2 visa are much more straightforward. We’re highlighting the key requirements you need to know, including investment thresholds, business plans, and nationality qualifications. Let’s delve into the essential details of the E-2 visa requirements.

- Must be a citizen of a treaty country (list can be found on the State Department website)
- The applicant must have committed a substantial amount of capital to a U.S.-based business or must be in the process of doing so
- The applicant must be in charge of the funds that are being invested
- The business must be a real, operating commercial enterprise
- The business should be active, and a for-profit business
- The investment must generate enough income to provide a living for the investor and their family
- Must intend to depart the U.S. when the E-2 Visa expires

By meeting the requirements related to investment, business plan, and nationality, you can get success in obtaining this visa. Be thorough in understanding and fulfilling these requirements to maximize your chances of a successful E-2 US startup visa application.  
#### What is the Process for Obtaining an E-2 Visa


File a [DS-160 form](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/online-immigrant-visa-forms/ds-260-faqs.html) and pay the application fee

- Schedule an interview appointment at a U.S. embassy in your residential country
- Provide documentation of the investment and business, including a detailed business plan, financial statements, and evidence of the investor's ownership and control
- Attend the interview and provide additional information as requested by the consular officer
- If approved, the investor can enter the U.S. and begin operating their business

With an E-2 visa, you can't miss out on the opportunity to pursue your business dreams in the US. 

### L-1A Visa
 
Non-immigrant visas like the L-1A permit international businesses to move staff members to their American locations. This visa is particularly useful for founders and startup investors who want to expand their business to the United States while continuing to maintain their foreign operations.

The L-1A visa also allows for dual intent, meaning that the visa holder can apply for permanent residency while on the visa.
#### Benefits of the L-1A Visa

L-1A visa enables staff transfers, U.S. subsidiary establishment, permanent residency application, and an extended stay of up to 7 years for executives and managers. Other notable benefits include-

- Allows multinational companies to transfer their employees from foreign offices to U.S. offices
- Enables foreign companies to establish a subsidiary or branch in the U.S.
- Allows for an **extended stay in the U.S.**, up to 7 years for executives and managers, and up to 5 years for specialized knowledge employees
- Allows for the option of applying for permanent residency through the EB-1C visa

The L-1A visa offers a range of benefits, which if leveraged carefully, can enable international businesses and startup investors in expanding their operations to the US and achieving their business goals. 
#### Requirements for the L-1A Visa

To qualify for an L-1A visa, applicants must meet key requirements. The U.S. company must have a qualifying relationship with the foreign company, and the U.S.-based company must be conducting business in the United States, along with the following requirements.

- The candidate must have worked for the foreign firm for at least one year out of the previous three years.
- The applicant must have worked as an executive, manager, or possess specialized expertise.
- The U.S. company must be the foreign company’s parent, branch, affiliate, or subsidiary.
- The U.S.-based company must be doing its business in the U.S.

Meeting these requirements and understanding the intricacies of the L-1A visa process is essential for startup investors and founders seeking to transfer employees, establish U.S. subsidiaries or branches, and take advantage of the benefits of this L-1A visa category.    
#### What is the Process for Obtaining the L-1A Visa

In just a few steps, you can navigate the process of obtaining the L-1A visa as a startup investor in the US that’ll provide you with unique benefits like dual intent and extended stay options. 
Follow the steps below to file for an L-1A visa. 

- The U.S. company files a Form I-129 petition with USCIS.
- The petition includes evidence of the qualifying relationship between the U.S. and foreign companies, as well as evidence of the applicant's employment history and qualifications.
- Once the petition is approved, the applicant can apply for an L-1A visa at a U.S. consulate or embassy abroad.
- The applicant must attend an interview and provide evidence of their qualifications and ties to their home country.
- After the approval of the application, the applicant is issued with an L-1A Visa that allows them to work in the US for a specified amount of time.

Navigating the process of obtaining an L-1A visa is essential. Understanding and following the process diligently, including preparing thorough documentation and meeting deadlines is crucial for a successful L-1A visa application and business expansion to the U.S. 
## Why Start-Up Investors and Founders Should Avail Green Cards

	
Green Cards (Permanent visas) provide long-term stability and security for your business in the U.S. They provide an opportunity to expand your business and establish yourself in the U.S. market.

Permanent residency allows you to enjoy all the benefits of living in the U.S., such as access to healthcare, education, and a higher quality of life.

As a start-up investor or founder, **obtaining a permanent or non-immigrant visa in the U.S. can be a crucial step towards achieving long-term success.** The EB-5, E-2, and L-1 visas are all viable options, each with its own benefits and requirements. 

Understanding the many alternatives accessible allows you to make an informed decision and take the required measures to expand your business and attain permanent status in the United States. 

Achieve your immigration dreams to America with our cutting-edge, caring, and client-centric legal services. Contact us today for personalized and innovative immigration solutions.  


The United States is home to some of the world's largest and most innovative start-up ecosystems, with cities like San Francisco, New York, and Boston attracting Start-Up investors, founders and entrepreneurs from all over the world.

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Permanent and Non-Immigrant Visa for Entrepreneurs in the U.S.

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. In this piece, you will find what those requirements are and how you can apply for an E-2 visa. However, we will specifically focus on the question of the minimum amount of investment for an E-2 visa.  
 
In order to be eligible, the applicant must have citizenship from one of the treaty countries. If the applicant is part of a corporate entity, at least half of the business must be owned by individuals of the treaty country's nationality. The application is expected to have a substantial amount of investment. However, the substantial amount in question has not been defined by the law.  

## "The Substantial Amount" for E-2 Visa

The minimum amount you need to apply for the E-2 Visa depends on the type of business you are planning to run. Even the state you are planning to locate your business is essential to calculate the minimum amount of investment you need. For example, a lawyer working from home in Nashville would have a completely different start-up cost and capital requirement than an entrepreneur who wants to open a Turkish restaurant in New Jersey. If there is an established business plan similar to your trajectory, you could utilize it to apply your start-up. It would ease your work to evaluate the amount of capital you need for your investment initially.  
 
## How to Decide on Minumum Amount of Investment

E-2 Investor Visa is intended to create jobs for US workers. The applicant must develop and run a business. In order to do this, your substantial amount of investment must be enough to conduct a successful business. As we explained, although the specific amount of this capital is not cleared, the applicant has to be carefully crafted her/his investment based on the business plan she/he has. The applicant should be able to cover the salary of employees, rent of the workplace, payment of the necessary equipment, the livelihood of dependants, etc. While applying for the visa, the investor should consider all these expenditures to obtain the right amount of capital for his/her investment. 
 
For more of your questions, you can visit our previous piece on the [E-2 Visa application process](https://www.grapelaw.com/practice-areas/immigration-law/investor-and-start-up-visas/e-2-visa/).

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. 

What is the Minimum Amount for E-2 Investor Visa

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What is the Minimum Amount for E-2 Investor Visa? | Grape Law 

In this introductory writing, you will read about E-2 visas, listed under Treaty Trader & Investor Visas. Designed for the development and cooperation between the U.S. and various other countries’ commerce and navigation investments and initiatives, E-2 visas provide business gurus and visionaries with the necessary legal non-immigrant status to achieve their financial and career goals. 

## What Exactly Is E-2 Visa?
 
Simply put, E-2 visa relates to the latter part of Treaty Trader & Investor Visas. It is offered to investing companies, partnerships and individuals who are either owners, directors and extraordinarily skilled workers. It requires both you, your partner(s) (if there is any), and your company (if you are an employee of one) to be promising enough to contribute to the US economy and strengthen the financial cooperation between both parties. Even though the selection process is meticulously regulated and may be tedious for applicants at times, overwhelming majority of applications get accepted! 

## What About the Requirements for Application?
 
- First and foremost, whether you are a corporate entity, partnership, or individual, you have to be a national of one of the treaty countries. (Dual nationalities accepted). To find out whether your country is on the treaty list or not, please follow this link. 
- If you do not hold nationality from one of the treaty countries, you can still apply for an E-2 visa via the citizenship-through-investment program which requires you to invest as little as 200.000 $. 
- If the applicant is a corporate entity, at least half of the business must be owned by individuals of the treaty country’s nationality. 
- The capital spared for investment must be substantial to ensure the sustainability of the business. Therefore, any investment funds and assets must be fully committed and irrevocable. 
- The investment at hand has to be active, operating one. A concept entity and abstract paper enterprise would not be viable for consideration. Funds that are risk-free and regulated by security measures of a certain bank are not considered investments. 
- our investment is required to produce significantly more income than the one which would solely afford you and your family’s living, or it must greatly benefit the US economy. 
- You are expected to have full control over your investment funds. Loans cannot be secured with assets of your investment enterprise. 
- Only the people who are either the developer or the director of the enterprise can apply for the E-2 visa. Exceptions would be possible in the case of an applicant deemed to be essential work for the investment with executive and supervisory roles, or with exceptional abilities. 

### Immediate Family Eligibility for Application
 
Only your spouse (same-sex marriages included if your home country authorizes one) and unmarried children under the age of 21 can apply to accompany you, or reside with you temporarily. 

### Duration of Your Stay

The duration of your stay as well as the number of entries vary by treaty country and it ranges from 3 months to 5 years. To learn more about these details please refer to the US embassy of your home country. You can search for official US embassies through [this link.](https://www.usembassy.gov) 

### How to Apply

The processes of application vary by treaty country. Please refer to the U.S. embassy of your home country to have the clearest instructions as to how to apply for an E-2 visa. You can use this link again, to reach your U.S. embassy. However, there are commonly required steps which details you can find below: 

- Firstly, you must fill out the online application form, form DS-160, and print out the document before coming to your interview. 
- You are required to upload your photo while filling out your DS-160 application form which details you can find here. 
- After filling out your online application form, you are expected to schedule an interview. Applicants under the age of 13 and above the age of 80 are not usually required for an interview. However, there may be some exceptions to this with regard to the discretion of your consular officer. 

Wait time for the interview varies by treaty country as well. You can search for your home country’s interview wait time using this link. Furthermore, you may be required to pay an online application fee, depending on the treaty country you apply from. To learn more about it, you can refer to [this link](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors). 

## Preparing for Your Interview: What You Must Make Ready?

- **A valid passport** for travel to the US. It must be valid for at least six months beyond your stay in the U.S. 
- Your **DS-160 online application confirmation page**. 
- **Application fee payment receipt**, if it is required for your treaty country to pay an application fee. 
- If the upload of your photo fails during your filling out the DS-160 application form, you must bring **a print of your photo in the same format as your online upload**. 
- **DS-156E, Nonimmigrant Treaty Trader/Treaty Investor application form.** This is required for applicants for executive, manager, and essential employee positions. 

Additional documents may be required depending on your treaty country. For more information about this, please refer to [this link](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors) again. 

## Additional Information

- If you are awarded a visa, you may be required to pay a visa issuance fee depending on your treaty country. The processing time of your visa may vary. To learn more about visa processing and when your visa might be delivered to you, please use [this link](https://tr.usembassy.gov/visas/immigrant-visas/employment-based-immigration/after-the-interview/). 
- You may apply for an extension for your visa beyond the date indicated on your I-94 form. This form is provided to you by U.S. Customs and Border Protection (CBS) officials upon your entry to the US. Read more about extending your stay on the U.S. Citizenship and Immigration Services [website](https://www.uscis.gov/visit-the-united-states/extend-your-stay). 
- While in the U.S., you can request a change in your nonimmigrant status to switch to another category. Learn more about requesting a change of status on the Citizenship and Immigration Services (USCIS) [website](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status). 

In this introductory writing, you will read about E-2 visas, listed under Treaty Trader & Investor Visas. Designed for the development and cooperation between US’s and various other countries’ commerce and navigation investments and initiatives, E-2 visas provide business gurus and visionaries with the necessary legal non-immigrant status to achieve their financial and career goals. 

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Treaty Trader & Investor Visas: E-2

Ticaret ve Yatırım Vizeleri

Investor and Trader Visas

We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

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