In March 2017, I successfully applied for the E2 Visa without an attorney or lawyer. I am sharing my experience so that you can take some anxiety away from applying on your own. For about 6 years prior, I have been on the F1 Student Visa, which allowed me to work in the United States for up to 29 months for any company. Most often, F1 visa holders can only work up to 12 months in the US after graduation. Only those who are STEM majors get an extra 17 months (now 24 months) to work in the US.
However, I could not apply for either the H-1B or the H-1B1 work visa (exclusive to Singaporeans and Chileans) because I own more than 50% of my company (errund). So if I were to run my company in the US, I had to get another type of visa. I realized in mid-2016 that my most viable option was the E2 Investor Visa. I inquired with a few immigration attorneys who claimed to have a 90% success rate and wanted to charge me north of USD $10,000. (I think with inflation the current amount could be $13,000 in 2022)
Being a self-starter, I applied for the E2 Investor Visa on my own, without any legal help from an attorney. The main reason for that was the lawyers needed me to prepare the supporting documents on my own. In other words, I am paying more than 10 grand for an attorney’s administrative support to vet and file my documents. I figured I could vet and file my company papers on my own instead and only hire an attorney if I needed an appeal. The great thing about the E2 visa program is that there is no limit to how many times you can apply. Hence, the opportunity cost of proceeding without an attorney for me was extremely minimal. There are 3 main steps to the E2 application:
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1. Preparing the Documents
Preparing the documents took me about 6 months because I was largely preoccupied with managing errund. I imagine the process can be done in 3 months or less. There are several supporting documents for the E2 visa to be issued, and some of these documents are embassy specific. For example, the US embassy in the UK has one of the strictest requirements I have seen. Regardless, the documents together have to meet the criteria set for the E2 visa by the United States Citizenship and Immigration Services (USCIS).
Most embassies have published a checklist of recommended supporting documents they need from you to prove that you have met the criteria. Examples are documents that prove that your investment is “substantial” and is “at risk.”
A note about the substantial investment requirement: how much you need to invest is primarily based on the net worth of your business or the cost of starting your business. There is no minimum amount but the number is almost certain to be less than $ 500,000 as if you were to invest that amount, you would most certainly prefer to apply for a green card via the EB-5 Immigrant Investor Program. (In 2019, the amount for the EB-5 was increased to a minimum of $ 900,000 inside a Targeted Employment Area and of $ 1.8 million outside. However, in June 2021, a federal judge reversed this 2019 increase to the original $500,000 and $1 million respectively.)
2. Scheduling an Interview
I flew to Singapore earlier this year within a week of scheduling my embassy interview on ustraveldocs.com. The website seems to be a phishing site but it’s actually legitimate. I wish the website had ssl security to save me time from checking its legitimacy from various government websites.
While you need to prepare your supporting documents in advance, you need not submit them before scheduling your embassy interview. In fact, you need only to submit them a week before your scheduled interview, at least for the US embassy in Singapore.
3. Passing the Interview
On the day of interview, I was only required to bring documents to identify myself and the interview notice. Your passport and supporting documents should already be at the embassy a week before the interview.
After passing through a security screening, I was given a number and then ushered into a common waiting room. I imagined being called to a private room to discuss the details of my application. However, at the embassy, I quickly realized this was not so as I saw various people ahead of me being questioned about their application at a counter. It was not easy to hear the full conversation between the applicant and consular officer but I could figure the outcome of most interviews. One particular Indian couple ahead of me were denied as they wanted to open an Indian restaurant in the US – however, the E2 visa requires the investment to be at risk and they have not invested any money into the restaurant yet.
Finally, my number was called and I went to the counter. The consular officer separated from me by a thick glass window asked what my business was about and where it operated. When I was done with my routine answers, he said I was approved! The interview took not more than 5 minutes! The officer did say he had read through my application prior and was satisfied with it.
The validity period of the E2 visa is dependent on the treaty your country has with the United States. In my case, it was 2 years. If like mine, your E2 visa is valid for 2 years, you are still able to stay in the US for more than 2 years on an E2. This is so because the duration of stay (DS) granted upon entry into the US by an E2 holder is normally 2 years, whether or not you have a 3 month, 2 year or 5 year E2 visa. This means if you were to enter the US a day before your E2 visa expires, you could stay in the US legitimately for the next 2 years but once you re-enter the US you will need a new E2 visa. Moreover, there is no limit on how many times you can renew your E2 visa.
Overall, I must say the application was smooth sailing although this is so only if you can prove your business is legitimately operational for quite a while in the US, have existing customers, and will hire or have hired US citizens. The more you can prove so the higher chances you have for approval.
Intent of E2 Visa
The ultimate intent of the E2 Visa is to create jobs for Americans. In order to get or renew your E2 visa, you ultimately have to prove that you will hire or have hired Americans. The first time you get your E2 visa, you need not have hired any Americans but during visa renewal, the emphasis is expected to shift to how many Americans you have hired and will hire.
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If you have specific questions about the supporting documents which I did not cover in depth in this post or want to share your experience, please leave me a comment below.
Ever since 2017 when I first shared about my E2 experience, many have asked me to share with them any templates or a step by step approach. Four years later, I have spent some time during the great lockdown to put together an E2 Visa Application Guide – this contains detailed insight into setting up a US company, minimizing the investment amount, maximizing your chances, how to value your company, “substantial” investment, proving the flow and sources of your investment, investment “at risk,” the timeline and progressive steps for the application. The guide also includes templates for business plan, executive summary, cover letter, letter of intent to depart and so on, as well as my availability to consult you on the finest details of your application. If you are interested in purchasing the guide, please fill in the form below and more information will be sent to you. Half of the earnings will go to charity.
81 thoughts on “How to Apply for E2 Visa Without an Attorney in 3 Steps”
Hi Jacob,
I am working on the my business plan. Trying to figure out , how to transfer/show my some of my current personal assets to the business. (I am in the US on TN status, applying for E2) Personal assets: car, computers, printers, real properties. Do you have any advise? Thanks,
Kate
Hi Kate,
This process is detailedly described in my E2 guide for your perusal.
Do you plan to apply for the E2 status within the US through a change of status? This means you won’t get a visa because USCIS does not issue visas but embassies do. I recommend applying for the E2 outside of the US through an embassy because if you do the former (applying within the US), once you exit the US, your status is gone. Whereas if you apply outside the US, you get an E2 visa. E2 visa filing requirements especially the documents needed are often embassy specific. So you have to choose an embassy that makes sense.
Disclaimer: I am not an attorney and am not providing you legal advice.
Best,
Jacob
Thanks for getting back. I am planning to apply from outside of US. Kate
Hi Jacob,
I am from the UK and me and my business partner have an online business. We both own 50% each. We buy products from the USA and sell here in the UK. At the moment we use third-party companies but we would like to go the US and manage it ourselves and eventually hire staff. The problem is the company is only 10 months old.
Can we still apply for an E2 visa with us being a new company?
Also would be grateful if I can have a look at part of your documents to get an idea.
Thanks
Ash
Hi Ash,
Yes, that’s still possible. It’s not so much the age of company for first time E2 application. More about potential or current revenue, potential to create jobs for locals, and the amount you will invest in your US company.
Best,
Jacob
Hi Jacob,
I have been in touch with a few attorneys and they say that my chances of obtaining an E2 visa are pretty solid considering my business. I am a Canadian citizen(Toronto) and own a Real Estate flipping company where I am needed 2 or 3 times a week to manage contractors, buy materials and handle many other things that come with renovating homes and selling them. I employ many businesses to complete my finished products.
I currently have about 250K USD invested as we speak. My flipping company has been in operation for almost 3 years now.
From talking to attorneys, they are all quoting me anywhere from 5k to 10k to help me with my application. I have all the documents from DAY1 of my business all in a file. I also have all of my corporation documents also. I can provide a paper trail of all that can be required as everything was done right and legitimately. Do you think I can try preparing the file on my own?
1. Is there a checklist you used that you can provide that I can use as a preliminary checklist to see if I will be able to do this?
2. Can you tell me which forms/applications I need?
3. I am not sure what is to be included in the business plan and not sure how specific it needs to be. Can you shed some light?
4. Should I contact the US embassy in Canada or the Canadian Embassy in the US?
Sorry if these are super amateur questions.
My email is vickyghotra90 @ gmail . com – if I can connect with you for some guidance I would really appreciate it. I understand you are not an attorney. Thanks for helping my man!
Hi Vicky,
Congrats on your business. The case for hiring an attorney or lawyer is stronger if your business is relatively new in the US, and you need an attorney to attest to its potential for creating jobs and growing. I do recommend thinking about doing it yourself, given that your business is up and running. But note that the business you are trying to use to apply for the E2 has to be running in the US too, not just in Canada. That means the $250k should be invested in a US entity and not a Canadian one to be considered for the E2. Also, figuring out the amount you should invest is tricky but fully explained in my guide.
1. Yes various embassies have their own checklist. Here’s the US embassy in Canada’s checklist: https://ca.usembassy.gov/visas/treaty-trader-and-investor-visas/supporting-new-documentation-for-new-cases/
2. Refer to the checklist.
3. Your business plan can be as summarized as an executive summary if your business is up and running in the US. But it has to be detailed if your business is relatively new in the US so that the consular officer can see the potential growth and the number of jobs it creates. But be careful not to be too technical since the consular officer may not have an MBA.
4. You can’t apply for a US visa in a Canadian embassy. The E2 visa is issued by US embassies only – it is a visa for coming into the US. So you have to apply through the US embassy in Canada since you are based in Canada. Going to another country where you are not based and applying for the E2 can lead to suspicion.
Hope my opinions help!
Jacob, this was great help.
The business is based out of the US. It is a Michigan based company that operates in Michigan only.
I currently live in Toronto and I am a Canadian Citizen.
Are you suggesting that an executive summary will be good enough rather than a full business plan for 3-5 years forecast?
Also, do you think my scenario meets the requirements?
Thanks again for your suggestions!
Great. Yes I submitted an executive summary. If the checklist does not specify a full business plan, an executive summary is good enough. The consular officer is not a MBA graduate, remember.
Sounds like you should be considered for E2 given what you shared. Without the full picture, I can’t make a complete recommendation!
Jacob,
The business plan/executive summary is going to run me $2,000 to $2,500 from the people I called. However, FIVERR has people doing it for $500. Ofcourse I would imagine the quality/details might not be as good (maybe).
How much attention is paid to the business plan/executive summary? I will not compromise if its super important.
I am confident in my speaking and communicative skills otherwise.
Sufficient attention is paid to it especially if your business is new. So I would not be complacent with the executive summary/business plan. However, the strength of the summary will not be the graphics but the substance. Mine barely has much graphics other than charts which can be easily generated with excel or powerpoint.
There’s no business presentation. Like I mentioned, the interview is merely 5 minutes. So all strength and merits of your case should be documented on paper. See my email if you need further assistance!
Hello,
What kind of questions did they ask at the interview? Thanks
Mainly along the lines of “tell me more about your business” and then some small talk. So be ready to give an elevator pitch.
Hi Jacob, thanks for sharing ! I am from Chile and I own a Freight Forwarder company (air and ocean international freight) Like so many, my lawyer is asking 10K to do my application but am not sure if i want to invest 10K if my business can operate with no more than 30K to 40K. As my business is 100% service, there is not much to invest in. Basically I see that working capital will take it at most. The rest of investment is laptop , office rent, phone and internet. My business been running for 3 years in Chile and my gross sales are up to 500k this year. 1st year sales were about 120K, second year 350K. all can be proven with local IRS documents. You think I have a chance to do this by my own? Business plan is cheap compare to legal services.. I want the E2 so i can develop my business there.. have no clients in US yet but If I was able to do well in Chile, US is the land of Logistics (specially Miami) where I wan to be.. already open a bank account under my company in US (corp) thank you for reading and hope you can reply 🙂
Hey Luciano, congrats on your company revenue growth. Miami is great! I just came back from a recent trip. I agree with you about the attorney fee but this is not legal advice. In your case, there are 3 significant things relevant to you:
1. Make sure Chile is a E2 country which I think it should be. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html.
2. Your company needs to be already operating in the US. So you or your relative needs to set up an existing company in the US and operate some business in order to apply for E2. If you apply for E2 with no business operations in the US, your application will be rejected.
3. Have sales in the US for a few months and then you can apply for E2. The longer the history of transaction the better. But 3 months are a good time.
Hope that helps!
Hi Jacob!
I’m applying for an E2 Visa as a start-up. 50% is owned by a US resident, and 50% owned by myself. The initial investment hasn’t been made, but I can provide proof of the money. In short it’s a party boat business my business partner and I would like to start up in San Diego. My business partner already owns the boat, so I would still need to invest. Is the intention of investing with a fully detailed business plan along with a 3 year forecast and the intention of hiring American Citizens (as shown in the plan) a strong enough cause in your opinion?
Let me know your thoughts. Even thought you’re not an attorney, I would really appreciate your advice!
Thanks a lot man! (:
Hey Kieran, congrats on your joint venture! Unfortunately, intention to invest is not sufficient for the E2 to be granted. If it were sufficient, then many people could apply for E2, get the visa, and then not start the company. Your capital needs to be “at risk.” That means you need to either have invested the money in the joint venture bank account in the US or have used your money to buy assets or pay for expenses. Hope that helps!
Thanx for the info…i like the way you do it without lawer…i wish i can too
Hi Jacob I am thinking of applying for a e2 visa can you allow me to see your business plan
Hi Jacob,
Thank you so much for the information. This has been very helpful and far better than any super expensive lawyer’s advice.
I too do not believe in paying 8-10K to any lawyer, would rather do it on my own if possible. After reading your blog, I feel confident that I am able to pull this. I am have read through the whole page and comments/replies as well.
I am a Canadian Citizen and have seen your link up there for checklist. In addition to that, is there a way I can get a copy of your application to use it as a sample for my application.
Thanks
Hi ALi, I sent you an email regarding help.
Hello jack
First of all I would like to thank you for sharing your experience and further more trying to help others who want to apply for the E2 visa, am Jordanian and we have treaty with the USA. My question is I have a friend who has a retail store in North Carolina and he will be my partner in another retail store and same line of business . Of course we have to lease a place and establish a company where I will have the majority of the business and I will be the operator, since the business is not running 1-do I really need an Attorny to represent me and file the application at immigration in USA or I can do that at USA embassy in Amman ? 2-proof of funds does it have to certified from my local government , my funds are from selling a piece of land that I inherited from my parents .3-what should be in my business plan that I have to present to the immigration or to the embassy.4- I consulted with two lawyers and both have different set of documents to be presented, what are the documents that I should submit with my application.
I thank you very much if you can assist me with above questions.
Hi Naser,
1. Attorney is always the best option but is an extremely expensive one with no guarantee of success so you can do it yourself too like I did. 2. No need to be certified from your government. You just need to show that the money is in your US business bank account. 3. Business plan depends on the type of business and how established your business is in the US. If it’s operational and making money, then an executive summary might work. If it’s completely new, then a more formal plan will be recommended. 4. You can look for the documents required by the US Embassy in Amman needed on ustraveldocs.com. Hope that helps!
Hallo jacob
I love to cantact you
Am rami
Feel free to do so here!
Hey Jacob,
We recently started our application in June 2017 from Canada using a canadian Lawyer. We definitely got rob because of their lack of professionalism through the process. They had silly mistakes on our application because they Plageriezed our application with another. We found our names were swapped with someone else on the application. Our business was not the right one they were talking about in the application and a whole mess. They got paid and we got a refusal so we hired another lawyer thinking that it was best left to a real “pro”. They took a little less money seeing the application was 70% done. We paid for a business plan as well. But one thing i realized is they failed to mention my business already works off the US economy. I have vendors and customers in the US. 99% of my customers and vendors are from the US. This was not mentioned in the application or the business plan.
My business is an online business where we buy and sell industrial equipment. We have a revenue of $1.5 million Canadian and are currently possess about $1 million in inventory. My limitations is actually being located in Canada. My business started in 2013 with revenues of about $100,000 and 2018 we passed $1.5 million. Please help me understand why we are getting rejected?
1. We showed inventory of $250k+
2. We showed growth potential and an amazing business plan.
3. We showed possibility of employee growth.
4. We showed we had an office pending the Visa approval.
5. We showed we already have 1 employee on payroll.
Refusal letter kept stating:
A. As in the case of any visa application, “the burden of proof to establish status rests with the alien.” See 9 FAM 402.9-2. Thus, in order to qualify as a nonimmigrant under INA 101(a)(15)(E)(ii), the visa applicant must demonstrate to the consular officer’s satisfaction that he meets the requirements for the visa classification, which are listed in 9 FAM 402.9-6.
B. In this case, the applicants failed to demonstrate that the enterprise was real and operating, the amount of funds invested was substantial as that term is defined in 9 FAM 402.9-6(D), and the investment enterprise was more than a marginal as that term is defined by 9 FAM 402.9-6(E). Our office has reviewed the case and found no legal error in the adjudication of your clients’ visa applications.
Knowing a little more of my business and my background what is your thoughts on how i process my application or how do you think i should proceed?
Is there a checklist posted online for the E2 application or do i need to get any documents from a US Embassy?
Hi Russel, I sent you an email so you can email me your documents if you want.
Hey Jacob,
can you resend me that email. i don’t see any emails from you.
Hi Russel,
I did not send you any email. But I just sent you one now.
I just want to let you guys know, that I got my E-2 visa in December. I did it without an attorney. It was time-consuming, however as I was assembling the documents I thought many time that I would have to do most of the work even if I would have an attorney. Cheers
Kate
Congrats Kate! Yes, that’s why I chose to do it. As explained in my post, an attorney will ask you to assemble those documents anyway and they just file the application. Is that worth USD$10,000? Debatable. What’s your business about do share it here
Hey Kate
Do you have an email or contact number. I’m in the process of getting this done and im so nervous about this whole thing.
Hi Kate
what was your total investment you showed in your business plan?
Hi Jacob,
Firstly, thank you for your effort in putting this together as it has been greatly informative. I’m looking to start a cafe in Illinois and I’m from Canada. My main concern is, I’m currently setting up the cafe, making the investments, etc., and I’m curious about the time frame of when to apply for the E2. I’m allowed in the U.S. for 6 months based on being Canadian, but I don’t have a visa to be working here. You make mention that I should show revenue and labour costs, which involves starting for a couple of months prior to the E2 interview. My concern is, would they look at this as me working in the U.S. without the appropriate visa? It’s sort of a cyclical issue where they want me to show revenue, but showing revenue means I’m working here without a visa. I know you’re not an attorney, any personal opinion would be greatly appreciated!
Thanks,
Richard
Hi Richard,
This is a great question. Btw, I am near the Chicago region too so if your cafe is open let me know where. In your case, putting in the deposit for the lease or buying the kitchen equipment to show your assets or investments are “at risk.” You need not be operational or generating revenue yet, especially if you are applying for E2 for the first time. As you are running a cafe, the chances of you hiring employees are great and ultimately they want you to create jobs.
Even if your cafe is already operational, you could be or would most likely be using employees to run the cafe instead of your running it and so you won’t run into issues with not having a working visa. The visa officer will unlikely ask whether you are working illegally in the US – this is a case for ICE to determine not the embassy. Hope that helps!
Hello Jacob
I Change My Status From B1 to E2 from USCIS it will expired soon April 2,2019
But Last Year My Business Not Good enough as my Business Plan
1st Yr Sales 60K instead of 180K ( Business Plan)
2nd Yr Sales 80K Instead of 250K (Business Plan)
One Employment issue which I cant Meet Yet
Can You give me advice how I get Renew from USCIS in this situation
And give Checklist of E2 visa renewal from USCIS
Can I renew my E2 myself
I am Highly obliged if you give me your valuable Advice
Warm Regards
Ahammed
Hi Ahammed,
I think if you are hiring US citizens or Green Card holders, even if your business is making less money, that would be good grounds for renewal. They focus on jobs created.
Hi Jacob,
First off I wanted to thank you for being so generous with your experience. I believe that karma is real, so good tidings to you, and your business, errund.
Would you be willing to share with me a detail of the documents you prepared? I’m in Georgia and looking to help out some dear friends with their visa process. (They are potential real estate investors from Argentina/Italy –him/her). Any guidance would be appreciated!
Thanks and best regards
PJ
Hi Jacob,
First off thank you for being so generous with your experience. I believe that karma is real, so good tidings to you, and your business, errund. Would you be willing to share with me which documents you prepared? I’m in Georgia and looking to help out some dear friends with their visa. (They are potential real estate investors from Argentina/Italy –him/her). Any guidance would be appreciated!
Thanks and best regards
PJ
Hi PJ,
The documents depend on the embassy you are applying from. Do you have any specific questions in mind regarding the documents?
Hi Jacob,
thanks for the great article!
Do you mind sharing how much investment (spent) you showed on your application and how much cash you had in a bank account?
-Oscar
Hi Oscar,
The amount you should invest is relative to the type of business you start. It varies from companies to companies. For more detailed explanation on how to figure the amount needed for the E2, please refer to my guide.
Hello,
Man you do a great Job!
I want to apply for an E2 as well…we are German Citizen.
Could you mail me an example of an Businessplan or we can get in touch?
I opened a LLC and wait for the Approval to get an TAX ID and open an Bank Account.
Hi Manuel,
I somehow missed your comments. I have released some templates and additional insights into the E2 process. If you are interested, fill in the form above.
I hope you had progress with your E2 in the meantime!
Dear Jacob,
Thank you so much for taking the time to develop this thread.
So helpful – really appreciate it!
I am a Canadian currently living in the US under the TN visa.
I am looking to apply for my E2 visa.
I currently have a working production company in Canada, while also having a working job in the US under my TN visa status.
With the Canadian production company, we have many US clients and are looking to get the E2, without a lawyer (as I was successful getting the TN without a lawyer).
My overall goal is to transition to the E2 and leave the TN.
I am trying to get this business off the ground and running in LA – however, I see you need to establish a c corp, bank account and have office space to get things moving. I am just worried my TN visa status will be in jeopardy throughout this process – it’s kinda a catch 22 how you are meant to have a bank account, paying people and a corp set up before the actual visa?
Am I missing something?
I know you are not a lawyer but I would love to chat more about this!
Kind Regards
Hi Jade,
As far as I know, you should be able to start a business if it’s a passive investment at the beginning. For example, you can even start a business while living in Canada using services like Legalzoom without even being physically in the US and so violating no US immigration laws. Starting a bank account must be done physically but I think as long as you are not getting paid, you are not in violation of the spirit of the law.
Moreover, during the visa interview or documentation process, you do not need to explain the process which you took to start the company. So for all purposes the process of how you start a business in the US is not really relevant.
I think paying and hiring people though will be tricky. But as long as your money is “at risk” you need not hire people until you get the E2 visa your first time. Renewal of the E2 visa does depend on the US employees you have.
What does it mean by having your investment or money ‘at risk? This means that your personal money is in your company’s account and some of the money is spent on the business such as trademarking a logo, paying for t-shirts, buying camera equipment, etc.
Hope that helps!
Best,
Jacob
Hey Jacob,
I am currently a practicing dentist in the US and I am from Canada. I am in the process of acquiring the clinic i am working at. The net value of the clinic is 775K but the dentist and me have a good relationship serving the community so he is selling it to me for 250k .
Now the big question is- do i need investment of the 775 or of the 250?
secondly, the banks here are good to finance me but from what i understand the funds need to be from canada. how will the embassy know where the funds came from ?
thirdly, the owner is ready to help me finance by me paying him a certain amount monthly for the next 7 years after i pay him 50,000 down. will the embassy be ok with that and consider it an ongoing investment?
Hi Patel,
1. The 250k
2. The embassy wants to either see funds being transferred from your personal bank or you wrote a check to the company. A proof of fund transfers. So a loan from the bank under your name and sending the money to your company’s account would work.
3. No, the amount invested is the amount you invested prior or during the time you apply for your E-2.
Hey Jacob,
Thank you for posting this useful article!
I was wondering if you’d happen to know for the substantial amount of money to invest in, does it all have to be money invested in America or will investing in items within my own country that will benefit my American start-up work?
For example: For a wedding photography business, would buying a brand new camera in my own country count towards the substantial investment or would I have to purchase the camera in America?
Thank you!
Hi Mike, the amount is relative to the type of business you are starting. Refer to my guide for detailed calculations. Regarding your example, yes it counts if you can prove that it comes from the company’s bank account in the US.
hello, I want to know if I get the e2 visa in new York can I start the business in California?
E-2 Visa is for the entire United States. While you need to indicate where your business is, the location is not an important factor, unlike in the EB-5 program.
Hello Jacob,
I have a question: do you need the G-28 form if you don’t have an attorney?
“Notice of Entry of Appearance as Attorney or Representative” (Form G-28)
Thanks,
Thierry
I don’t think so. At least, I did not use it.
I did not use it. Got the E2 without attorney, last December.
Right! I remember you!
Hi Jacob
Currently on B1/B2 status looking to apply for E2 from outside the U.S. my questions would be when issued the E2 visa is my travel limited within the U.S for that period or can I travel internationally in and out of the U.S? Secondly when showing proof of funds at risk will we be required to show receipts/ is a general inventory sufficient as receipts are not storage friendly . Finally with regards to a lease for new business since I will be outside the U.S before obtaining the premises is a potential lease acceptable. What would you advise to submit in showing sufficient proof of funds at risk?
1. E2 visa is like most other visas. It gives you the privilege to enter the US. So you should be able to travel freely in and out of the US.
2. Yes, receipts or bank transfer to your company’s bank account in the US would be ideal.
3. I am not sure what a potential lease is but not signing any lease does not put your money at risk.
Hi Jacob,
My husband and I are currently in the process of thinking should we hire a lawyer or not for our E2 visa application. I have just a few questions that I’d love to know how you answered them. Can you email me?
Hi Jacob,
I have a business which I would like to start up in US mainly because I feel it is a bigger market. I have set up a company in US and I am ready to go to start up, hire etc. I am based in Singapore and I would like to apply for E2 Visa before going to US. I have all the business plans ready, the platform etc just ready to launch in US. Would love to hear your advise. But of course I dont have $500k which most lawyers are telling me i need.
Hi Sarah, I replied to your other comment. Feel free to contact me in private if you have further questions.
Hello Jacob,
We are Canadians trying to obtain an E2 visa. Can you share a step by step guide for E2 visa or a sample application packet?
Thank you.
No sample application packet. But I believe the steps are pretty much laid bare above. If you need further help, please reach out.
Hello Jacob,
I am a Canadian Citizen currently living in Toronto.
I own a tech start-up, started my business in 2019 in Canada and expanded the same year to the US. I have contracted one software engineer in the US (1099). Even during the pandemic my software product is growing and has a lot of need with rapid application development market.
My investment into my company (right now fully operational) is not big at all. Overall, I might have invested around $35k to start the company but the business started generating revenue fairly quickly. There was no more investment required. I can still make some more investment but don’t know “what is the reason for additional investment” since the business is already making money.
In 2020 I will average around $100k in revenues in the US. As all the attorneys first of all says without $100k investment the chances are very slim. Then they charge a lot of money.
I would like your advice, should I invest more into the company? Can a strong business plan help showing software companies don’t require so much initial investment?
Thanks so much.
Hi Samrat, the amount invested should be relative to your business. But calculating a good number is tricky as there is no absolute amount published. Please refer to my guide for more detailed explanation. If you need extra eyes to look at your documents, I am happy to help if you give me enough time.
Hey Jacob! Thanx for doing this.
Im a Canadian citizen I currently own an electrical business and have for about 5 years. We want to move closer to family in Texas so we are looking at our options, one option I thought would be to purchase a 80-100k pool route business to get an E2 visa. Then grow the business with time then start hiring employees.
Or is there any options with my current business?
What are your thoughts?
Absolutely! Any business works, as long as you meet the criteria. Based on what you are saying, there’s nothing that indicate you do not meet the criteria. Also Canadian E-2 visa is normally issued for 5 years.
Hi Jacob,
I’m currently looking into applying for an E2 visa and I’m not sure where to start. It will be a new tutoring business that will be attached to a sports academy. I’m wondering if you could give me some advice to get started, especially about the documents I might need.
Many Thanks
Karuna, the documents needed by embassies are often similar but not identical. Which embassy are you applying your E-2 from?
Jacob,
Thanks for the great insights and pointers that you have given everyone this far. I have a question as it relates to an existing business. I can email specifics and would really appreciate your advice on whether you believe I can apply for the E2 on my own. I’m a Canadian that was in partnership with someone here in Canada. 7 years ago we decided to open a subsidiary of our company down in US. Since then, my partner and I have parted ways and part of this was that the US company ownership was transferred to me and my partner kept the Canadian operations. This was about 3 years ago. Since then I have not been able to go down because of family circumstances and the business has taken a hit in its growth. Now I would like to go down under the E2 to be able to take care and grow the business. US business is property management and flipping. There is over $250k of investment in the US company (primarily by ownership of properties). Though the US company is 7 years old, would I be able to qualify for the E2 at this stage without further investment?
Sure, send me an email. Happy to help! In short, yes. When I applied, my company was a 5 year old company as of the registration. So it isn’t about date of registration. If your company is able to create jobs for Americans, the age should not matter.
Hey Jacob,
Thanks for the package. I was waiting for something like that. Has been really helpful in helping me understand what’s wrong with my rejected application despite having the help of a lawyer. Hopefully, I will get approved this time round. Will keep you updated.
Hi Tony,
Glad you found the E2 package helpful. Yes, keep me posted.
Hi Jacob, thank you soo much for the informative post. I have to renew my E2 status within USA in the next month. Due to covid, the business is in huge loss but I managed to keep one hiring throughout. Do u have a list of documents that you used to renew your E2 status? Can I do the renewal on my own? Thanks a lot & blessings to you.
Thanks for your kind words. Yes, I do have the documents available. It’s in the guide available. Of course you can do the renewal. However, you should visa issuances or renewals are done at a US embassy overseas, not in the US. If you are petitioning the USCIS, that is called a change of status. You are not granted any visa, and if you do that in the US, you lose the E2 status once you leave the country. To enter again, you need to apply at a US embassy for the E2 visa.
Greetings Jacob!
To your knowledge, to qualify for the E2 visa, must all investments be made only after the business is registered and only made from the business bank a/c? Or can real investments be approved that were made from personal savings 10 years before registering the property as a business?
Hi Debbie,
Investments can be made before the business is registered as long as you have documentation to support it. However, 10 years might be too far back for the government to consider. I suggest referring to my guide on how to create the necessary documentation to support your start up expenses.
I would like to share my experience of getting E2 Change of Status approved with great help from Jacob. When I first thought of getting E2 last year, the process seemed overwhelming, and I consulted a few lawyers. Their fees were extremely high, but I realized I still needed to do the documents by myself. They would just give advice and assemble them. I was so lucky to see Jacob’s blog and decided to seek his help. He guided me through this process with great patience, and I received the approval paper last week! It’s certainly possible to get E2 without a lawyer.
Hey Esther,
Congrats again! I hope your business and life are going well!
Hi Jacob,
Great site and thank you for doing this and sharing. I need to get an E2 visa.
I need some ideas on the below service company, if possible. Much appreciated!
I have a service business which uses software to help fortune 500 companies. I have been running the UK since 2021. Mainly USA clients. In Feb 2023 I opened a US company and started billing through it.
I have spend time creating the software (simulators etc. power by AI) to enable the revenue to be earned in the USA business. i.e. recreated the IP in the USA business. Not sold or bought it but made it. I have then run with software/IP and generated just under $100k in sales. So the investment is my time not money. Money wise I have done a few trips to meet clients etc around $10k.
I did think of paying myself from the company for the IP.
I also thought of selling the IP from my current company.
Neither puts capital at risk and is really just accounting / generating capital gains.
What do you think? How do I describe the time as an at risk investment / money already invested?
Many Thanks
Hi Bradley,
Congrats on your business and progress. You could but it requires proper documentation. In my guide, I described in detail how to do just that.