E-2 Visa from Bangladesh, Explained

E-2 Visa from Bangladesh- LEARN THE PROCESS, COST, TIMELINE, AND REQUIREMENTS OF THE E-2 TREATY INVESTOR VISA

What is the E-2 Treaty Investor Visa?

The E-2 visa allows persons from specific nations to live and work in the United States if they accomplish one of the following:

Invest a large sum of money in a U.S. business or entity (E-2 investor).
Come to work in the United States as an executive, manager, or essential employee of a company owned by someone from their home country (E-2 employee).
To be eligible for an E-2 visa, the applicant’s home country must have a special trade agreement with the United States.

Key points:

  • The investment can be in a new U.S. business or an existing one
  • E-2 visa holders can work for the business they’ve invested in
  • They can also bring employees from their home country to work for the business

The “E” in E-2 represents “Treaty.” E visas are a type of nonimmigrant visa given based on treaties between the United States and other countries.

When your E-2 visa is first approved, you can stay in the United States for a maximum of two years at a time. However, you can extend your stay in two-year increments from within the country, or you can travel and re-enter with a valid visa to prolong your authorized term of stay. There is no limit to how many times an E-2 can be reissued.

In this tutorial, we’ll go over the E-2 visa’s qualifying requirements, approval deadlines, and step-by-step application processes. 

E-2 Visa Eligibility

The E-2 visa contains a few broad requirements that apply to all applicants, while there may be minor differences depending on your country of origin.

Nationality

The investor, or investment body, must verify that they are citizens of a country with a treaty of commerce and navigation with United States.  Currently, there are more than 80 treaty countries, and you can find the list here.

Where to Find an Updated List of Eligible Treaty Countries

The Bureau of Consular Affairs (as part of the U.S. Department of State) provides an up-to-date list of all treaty countries and which visa classification countries are eligible for. As noted above, some countries are eligible for both E-1 and E-2, while some countries are only eligible for one of the two classifications. 

You can find the most recent list of treaty countries, including their classifications and additional details about their treaty designation, here.


E-1 and E-2 Eligible Treaty Countries

CountryClassification
AlbaniaE-2
ArgentinaE-1, E-2
ArmeniaE-2
AustraliaE-1, E-2
AustriaE-1, E-2
AzerbaijanE-2
BahrainE-2
BangladeshE-2
BelgiumE-1, E-2
BoliviaE-2, E-2
Bosnia and HerzegovinaE-1, E-2
BruneiE-1
BulgariaE-2
CameroonE-2
CanadaE-1, E-2
ChileE-1, E-2
China (Taiwan)E-1, E-2
ColombiaE-1, E-2
Congo (Brazzaville)E-2
Congo (Kinshasa)E-2
Costa RicaE-1, E-2
CroatiaE-1, E-2
Czech RepublicE-2
DenmarkE-1, E-2
EcuadorE-2
EgyptE-2
EstoniaE-1, E-2
EthiopiaE-1, E-2
FinlandE-1, E-2
FranceE-1, E-2
GeorgiaE-2
GermanyE-1, E-2
GreeceE-1
GrenadaE-2
HondurasE-1, E-2
IrelandE-1, E-2
IsraelE-1, E-2
ItalyE-1, E-2
JamaicaE-2
JapanE-1, E-2
JordanE-1, E-2
KazakhstanE-2
South KoreaE-1, E-2
KosovoE-1, E-2
KyrgyzstanE-2
LatviaE-1, E-2
LiberiaE-1, E-2
LithuaniaE-2
LuxembourgE-1, E-2
MacedoniaE-1, E-2
MexicoE-1, E-2
MoldovaE-2
MongoliaE-2
MontenegroE-1, E-2
MoroccoE-2
NetherlandsE-1, E-2
New ZealandE-1, E-2
NorwayE-1, E-2
OmanE-1, E-2
PakistanE-1, E-2
PanamaE-2
ParaguayE-1, E-2
PhilippinesE-1, E-2
PolandE-1, E-2
RomaniaE-2
SenegalE-2
SerbiaE-1, E-2
SingaporeE-1, E-2
Slovak RepublicE-2
SloveniaE-1, E-2
SpainE-1, E-2
Sri Lanka E-2
SurinameE-1, E-2
SwedenE-1, E-2
SwitzerlandE-1, E-2
ThailandE-1, E-2
TogoE-1, E-2
Trinidad & TobagoE-2
TunisiaE-2
TurkeyE-1, E-2
UkraineE-2
United KingdomE-1, E-2
YugoslaviaE-1, E-2

Investment

You must have invested or be currently investing a large amount of money in a legitimate business in the United States. This investment must be totally committed and risky, which means you cannot just return it. It should be sufficient to make the firm profitable and earn significantly more than a living income.

Active Management.

Entering as an E-2 investor normally requires the investor to be actively involved in the administration of the U.S. firm. This entails having control and ownership of at least 50% of the company, participating in significant decisions, and overseeing day-to-day operations while traveling to or residing in the United States.

Business Type

The E-2 firm must be a legitimate enterprise that has the capacity to grow and create jobs in the United States. The firm must be able to provide more than a marginal income, which means it can support the investor and their dependents.

Source of Funds

Similar to showing that the firm is legitimate and legal, the E-2 applicant must demonstrate that the monies invested in the US business have a legitimate source. This helps to guarantee that the funds for the investment were received legally. This source of funds examination necessitates tracking the funds’ origins and demonstrating the money’ movement from the investor, or investment organization, to the US-based business.

Investment Criteria for U.S. Business Ventures: Qualifying vs. Non-Qualifying Investments

Typically satisfies E-2 criteria Does not typically satisfy E-2 criteria
Investing in an active businessMere ownership of undeveloped land
Funds are fully committed and at riskUncommitted funds in a bank account
Investment is substantial enough to make the business successfulSpeculative investments with no active involvement
Business earns much more than a living wage for the investorBusiness only supports basic living needs of the investor
The investor has a key role in running the business; or any employees can prove their essential or qualifying role The investor has a key role in running the business, or any employees can prove their essential or qualifying role 
Money could be lost if the business failsSafe or protected investments with no risk of loss

E-2 Visa Timeline

E-2 Visa Timeline

Obtaining an E-2 visa normally takes many months, whether applying abroad and submitting to the US Consulate or submitting a change of status from within the US to the USCIS. Of course, timelines can change. This is primarily because the procedure varies from one US consulate to the next.

If you are currently in the United States:

Most people (80%) receive a decision on their application within months, unless they use Premium Processing, which shortens the period.

If you apply from outside the United States:

The wait time varies based on where you apply. It could take a few weeks or months. Every US consulate has its unique set of requirements, ways to submit your case, and overall processing timelines and stages. Individual consulate websites frequently include visa processing information. 

You can find a specific consulate through the US Department of State website

If you’re applying from within the U.S.:

  • 1. Ensure you’re a national of an E2 Treaty country and that you meet all E-2 requirements, including all the business requirements and E-2 role requirements.
  • 2. Prepare and file Form I 129
    • Gather all documentation about your business (business plan if applicable, financial documents, proof of investment, source of funds, etc.) and information proving your eligibility.
    • Consider premium processing for a faster decision (30 days).
  • 3. You’ll receive a decision from USCIS. If approved, your status changes to E-2 on the date listed on your  Form I 797 apporval notice.

If you apply from outside the United States (Consular Processing):

Although the specific stages vary each US embassy and require careful attention, the following are some typical steps:

  • Ensure you fulfill all E-2 requirements, including nationality, business, and role requirements.
  • Complete and submit Forms DS-160 (Online Nonimmigrant Visa Application) and DS-156E.
  • After the Consular Officer has reviewed your application, you can plan and attend a visa interview at your home country’s US Embassy or consulate. It is important to note that certain Consulates have a different process at this step, so double-check. Prepare to discuss your company and investment plans.
  • Your passport will be stamped with an E-2 visa, which is typically good for five years if approved. To enter the United States, present it at a port of entry.

E-2 Visa Cost

When calculating the cost of a new E-2 visa as an investor, keep in mind that there are two main expenses:

Investment Cost:

The amount you spend on your US-based business, whether you start a new one, buy a franchise, or buy an existing one. This investment must be large, but there is no defined minimum amount.


Application Fees:

This covers government filing fees as well as the cost of professional services such as lawyers and business plan writers, when appropriate. These costs have increased as of April 1, 2024.

Do I have to pay an additional biometrics fee with my E-2 visa application?

In 2024, the Department of Homeland Security (DHS) will eliminate the separate biometrics cost for the majority of nonimmigrant visas, including the E-2. However, if you apply for an E-2 from outside the United States through consular processing, you may still be required to pay a biometrics fee in some areas. This is because some consulates have their own methods and might not have updated their systems to fully reflect the rule change. 

What happens after the E-2 visa is approved?

If you applied from within the U.S. (Change of Status):

USCIS Approval Notice:

You will get a Form I-797 (Notice of Action) from USCIS verifying your status adjustment to E-2.
Work Authorization:

With this approval, you are instantly permitted to work for the company in which you invested.
go: If you need to go outside of the United States, you must receive an E-2 visa stamp from a US consulate before returning. It should be noted that this is not a rapid visa stamping process, but rather a thorough E-2 application that must be reviewed by the Consulate.


If you applied from overseas (consular processing):

Visa Issuance: The US consulate will stamp your passport with an E-2 visa.


Travel to the United States: With your E-2 visa, you may enter the country after being inspected by a Customs and Border Protection (CBP) officer at a port of entry.


I-94 Travel Record: The CBP officer will prepare an I-94 record that includes your E-2 status and length of stay. This should be reviewed for correctness.


Work Authorization: You have been granted permission to begin working for your invested firm.

Important FAQ:

What types of enterprises are eligible for the E2 visa?

Starting a new business, as well as purchasing an existing business or a franchise, are both viable options. Buying a franchise, for example, can be a sensible option, especially given the proven business methods and brand recognition. Of course, each approach has the potential to work, but much depends on the specifics of the investment, the company strategy, the business’s demonstrated success, and other factors.

The majority of business kinds can qualify for an E-2, including personal service providers such as hair salons, cafes, and even consulting organizations. Legal experts with the requisite skills and licensure can also set up practices.

The E-2 also applies to commercial endeavors, including import/export businesses (which may also be eligible for the E-1), manufacturing, retail stores, and many more industries where significant investment and a genuine dedication to business development are evidenced. FaraTaran can assist you in exploring many options to see which ones are best suited to your abilities and goals. Check your eligibility now.

If I hold an E-2 visa, do I need an additional work permit? 

No. Your E-2 visa provides as confirmation of your employment authorization. You are legally entitled to work in the precise business in which you invested.

Can employees of the primary E-2 visa holder get E-2 visas?

Employees of the treaty investor (the individual seeking for the E-2 visa) may be eligible for E-2 visas if they share the same nationality as the major investor and will perform executive, supervisory, or important tasks.

Can I acquire a married green card with an E-2 visa? 

Although it is conceivable, it is vital to note that E-2 visas require establishing ‘nonimmigrant intent’, which means that you only want to visit the United States to work and then leave. This can cause issues in a variety of ways, and it must be carefully evaluated as part of the E-2 process and future plans.

How long may I stay in the United States on an E-2 visa?

Treaty investors and their qualifying workers can initially stay in the United States for up to two years on an E-2 visa. If they require additional time, they can request extensions, which can be granted for up to two years. Instead of asking for an extension from within the United States, you can travel and re-enter on a valid E-2 visa to receive an extension of your E-2 stay.

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