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Business Visa to the USA

E-2 Visa

As a rule, a citizen of a foreign state who wishes to enter the United States must first obtain a visa, whether nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The “Contract Investor” (E-2) Visa is intended for citizens of countries with which the United States supports trade and navigation agreements (including Ukraine since 1996).

For citizens of Ukraine “Contract Investor” (E-2) Visa is available.

Foreigners who wish to enter the United States by E-2 visa must intend to develop and direct the activity of the enterprise in which they invested a significant amount of capital.

To receive the right to apply for Contract Investor Visa (E-2), the foreigner must:

  1. An investor, a natural or a legal person must have the nationality of the signatory state;
  2. 50% of businesses must belong to a person with the nationality of the country participating in the contract;
  3. Investments must be substantial and irrevocable (from $ 50,000);
  4. The capital must be legal;
  5. Business must generate significant income, not only cover the expenses on living in the United States of the investor and his family members or have a serious economic impact in the United States;
  6. The owner must control the investments, they must be “risky” in the commercial sense (loans on the security of assets of the investment enterprise are not allowed);
  7. A foreigner must come to the United States to develop and direct the company. If you are not the main investor, you should be considered as a core employee who works on chief, executive or highly specialized positions.

To apply for a visa, a foreigner will need:

  • To fill in the online application Form DS-160;
  • To attach a photo made in accordance with the US law.

Interview for visa application:

Interviews are usually required for applicants for a visa with some limited exceptions listed below.

Consular staff may require an interview with any applicant for a visa:

  • 13 years and younger – usually not required;
  • 14-79 years – usually required (some exceptions for continuation);
  • 80 years and older – usually not required.

You must appoint a meeting for a visa application at the US Embassy or Consulate in the country where you reside. You can schedule an interview at another US Embassy or Consulate, but keep in mind that getting a visa outside the country of your residence can be complicated.

Collect and prepare the following necessary documents for interview:

  1. Passport valid for travel to the United States – Your passport must be valid for at least six months after your stay in the United States (if not excluded by agreements of concrete country). Everyone who needs a visa must file a separate application, including all family members indicated in the passport;
  2.  Non-immigrant visa supplement, confirmation page of DS-160;
  3. A payment receipt of the registration fee, if you have to pay before the interview;
  4. Photo – You upload your photo while filling in the online DS-160 Form. If you can not upload a photo, you must bring one printed photo in the required format;
  5. Investor contract, DS-156E – This form is required for:
    • E-2 applicant for an investor visa, if you are a director/ manager / principal employee.

Applicants for a “Contract Investor” Visa (E-2) must confirm that the investment enterprise complies with the demands of law and corresponds to many requirements for the E Visa. Consular officer may provide you with special forms for filling. You should expect the consular officer to request additional documentation to determine your right for a “Contract Investor” Visa. It is impossible to specify the exact required documentation, as the circumstances vary considerably depending on the applicant.

A spouse and children who are not married up to 21 years old can apply for a visa to accompany or join you for temporary residence.

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