There is a nonrefundable $131 application fee as of March 2010. Interested applicants must bring completed DS-156 (nonimmigrant visa application) and DS-156E (nonimmigrant treaty trader/investor application) forms. These ask detailed questions about the business venture. The visa applicant also must hold a passport that is valid for more than six months beyond the requested stay time. A 2-inch-by-2-inch photograph is also required. Males between the ages of 16 and 45 need to fill out form Form DS-157 (supplemental nonimmigrant visa application).
In addition, the investor has to be a citizen of a treaty country.
Although there is no exact dollar amount required for the investment, it must be sizable and speculative investments aren't allowed. Funds must already be committed and the business plan should be extensive. The U.S. and U.S. citizens must benefit from the investment (personal gains for the investor are not enough). If not the principal investor, the person must demonstrate how his skills are required for the investment to succeed.
Bring the forms, passport and photo to the U.S. Embassy or a Consulate. Though possible to gain admittance from a U.S. consular office located abroad, it is much more difficult. All potential investors are interviewed by the embassy consular section. They need to qualify their investment and prove it is sufficiently substantial. Another interview may be requested, though this is at the discretion of the Embassy.
The U.S. gives derivative E visas to immediate family members of the investor. Children must be unmarried and under the age of 21. A spouse is legally allowed to work in the U.S. if the investor is approved for the E-2, but dependent children are not. Children can attend school in the U.S.
The visa length varies depending on the size and complexity of the investment, but most run for two years. Some will be issued for four to five years, especially for an extension. Extensions must be requested before the original E-2 visa date expires. Holders of the E-2 visa can remain in the U.S. indefinitely, assuming they maintain major involvement with the business. Staying in the country beyond the visa expiration date is a violation of U.S. immigration law. Doing so can result in revocation of visa rights in the future.
