What licenses and permits do I need to open and run a business in the United States?

Licensing and permit requirements vary by state and county and with the type of business you wish to operate. For specific information, you should contact the appropriate government offices in the locality where you plan to start your business. Alternatively, you may retain the services of a law firm to make the required inquiries on your behalf.

I already own an E company and want to employ someone who is not in the U.S. Can employees of an E company qualify for an E visa to work in my U.S. enterprise?

To qualify for an E visa as the employee of an E company, the applicant must have the same citizenship as the owners of the E company. Additionally, the job to be performed must be executive or supervisory in nature, or the employee must possess skills which are essential to the operation of the U.S. enterprise.

Can my spouse and children work in the U.S.?

Effective January 16, 20002, dependent spouses of E visa holders are eligible to apply for work authorization from USCIS. Children of E visa holders are not permitted to work in the United States unless they independently qualify for employment authorization, such as an E, H, or L visa.

My spouse (or child) uses a different surname than I do. Is that a problem?

A dependent whose surname differs from the surname of the E visa holder should have on-hand proof of the relationship (a marriage certificate for spouses or birth certificates for children, for example).

Can my fiancé(e), common law or same-sex partner accompany me?

Under U.S. immigration law, a legal marriage must exist before one is considered to be a spouse. Therefore, fiancé(e)s, common law or same-sex partner do not qualify for derivative E visa status. Other avenues may be available to assist those applicants in such a situation. Please contact our firm for more details.

My spouse and/or children are citizens of a country other than my own. Can they still accompany me?

The spouse and children (defined as unmarried and under 21 years of age) do not need to have the same citizenship as the principal applicant. However, dependents of E visa holders are required to have visas in order to accompany the principal applicant to the U.S.

Will I have to appear before the U.S. Embassy or U.S. Consulate in person?

For all categories of visas, including Treaty Visas, each applicant age 14 or older must appear for a personal interview before a Consular Officer. In all cases, each applicant (including those under 14 years of age), must be physically present in the country of application at the time of issuance. Those applicants who are found to be ineligible for a U.S. visa for criminal convictions, immigration violations, drug charges, or other similar reasons may have to appear to determine grounds of ineligibility and applicability of a waiver for any such ineligibility. In such cases the applicant must be prepared for a wait of up to 180 days weeks while eligibility is confirmed and/or a waiver requested.

How long does the processing normally take?

Processing times vary greatly between the various U.S. Embassies and U.S. Consulates. For example, the U.S. Embassy in Mexico City can process an E-2 visa case in one week, while the U.S. Embassy in London can take up to 6 months to process a case. Generally speaking, if your initial submission is not complete, then your case will not be officially "received" or it may be kicked back to allow you to provide the missing information. Upon resubmission of the case, it will generally be placed at the back of the processing queue. Please note that frequently an applicant's submission will require clarification or additional information before the adjudicating officer can make a determination of eligibility. If this is the case, you (or your attorney of record) will be notified in writing.

Will it speed up the processing if I send my passport to the U.S. government at the time that I lodge my application?

No. You should not send passports until it is requested by the U.S. Embassy or U.S. Consulate. Submitting passports early can delay the processing of your case.

I paid $100.00 when I applied. Why is there an additional fee for issuance?

The $100.00 fee you paid at the time of application is called the Machine-Readable Visa (MRV) processing fee. This non-refundable fee is charged to all applicants for non-immigrant visas regardless of whether the application is approved. Once your case has been approved, there may be an additional fee for issuance of the visa. This fee is called a "reciprocity fee" and is determined by the fees that your country of citizenship charges U.S. citizens for similar visas. The E visa reciprocity fee for a Canadian citizen, for example, is currently $40.00.

Where can I get information about good places to invest in the U.S.?

Please contact our office for more information.

I've read all this information, and I still have questions. Who can answer them?

Please review all of the information provided on our website for any general questions about the E-2 visa. If after reviewing the website, you find that your specific questions have not been answered, we invite you to contact our office by email or by telephone.