E-2 Visa Lawyer - Avvocato per Visto E-2 per gli USA
U.S. Based Lawyer assisting clients worldwide seeking E2 Visas for the United States
E2 Visa Lawyer - E2 Visa Attorney
portfolio_page-template-default,single,single-portfolio_page,postid-21805,ajax_fade,page_not_loaded,,select-theme-ver-1.6,wpb-js-composer js-comp-ver-4.12,vc_responsive

E-2 Visa



E-2 Visa – A Visa for Investors

RECENT TRENDS IN IMMIGRATION LAW have rendered the E-2 visa category an  appealing alternative to more common  visa classifications. While the much-sought-after H1-B visa is subject to numerical limitations, and L-1 Visas require 12 months of previous employment history with the company abroad, an E-2 visa allows investors of a “treaty country” and their executives, managers, and essential skills workers to come to the United States to “direct and develop” or to perform Executive, Managerial or Essential work for the Treaty Company (The U.S. Company which is the object of the investment and that is the vehicle for the E-2 Visa application).

Although an E-2 visa is often issued for an original duration of 5 years, it is easily renewable if the requirements are still met at the expiration of the initial 5 year term. The rules requiring the investor to maintain a residence in a foreign country are relaxed, and, these visa can sometimes be renewed indefinitely.

There are several important requirements such as those of “Substantiality” of the investment (the E-2 visa investment must be “substantial” according to the applicable regulation, but no minimum amount of investment has been declared expressly sufficient for an E-2 Visa), “Non-Marginality” of the E-2 visa enterprise (the E2 visa investment must not be destined solely to earn a living for the E2 investor and his or her immediate family), “Source of Funds” (the E-2 visa funds must be traceable to the E2 visa investor and must not be the derived from unlawful activities), “Nationality” (the E-2 visa enterprise and the E-2 Investor, Executive, Manager, or Essential Worker must be from the same country and the country must have executed and ratified a commercial treaty with the U.S.), and “At Risk Funds” (the E-2 visa investment must be at risk in a commercial sense and subject to loss in case of reversal of business fortune).

Also, the E-2 visa application can normally be pursued either at the specialized section of the U.S. Consulate having jurisdiction over the alien place of residence OR by way of Change of Status within the U.S.

However, even if a change of status to  E-2 is approved by USCIS, in order to travel and re-enter the U.S. the applicant will need to re-apply at the local consulate abroad and the E-2 Visa application will be adjudicated de novo.


Additionally, some E Visa Sections, including the E Visa section in Rome, Italy, have recently seen a dramatic increase in the number of E1 and E2 visa application, and have increased the minimum processing time for an E visa application, causing long backlogs. For examples, in Rome an E-2 visa now takes a minimum of 10 to 12 weeks to process.


These and many other considerations are best explored with the assistance of a skilled E-2 visa lawyer (a U.S. licensed layer with substantial experience in E-2 Visa applications). We have seen many clients ruined or their chances greatly prejudiced by E-2 visa applications filed by unlicensed individuals such as notarios, travel agencies, visa services and agenzie visti. These individuals are very likely to engage in the unauthorized practice of law and are prosecuted in many states by local enforcement agencies.

Spouses of E visa holders are allowed to work, unlike H4 visa holders (spouses of H1-B visa holders) or F-1 students and their dependents. Obtaining an E-1 visa or E-2 visa can seem a daunting task, but with the assistance of an experienced immigration attorney the applicant should stand good chances if the requirements for the classifications are met.

Admittedly, many of the requirements are somewhat discretionary and difficult to quantify (such as substantiality and nonmarginality of the investment, requirement that the alien develops and direct the enterprise, formulation of a proper business plan, etc.), but the E-1/E-2 visa category should not be overlooked by the candidate interested in exploring options to come to the U.S.

U.S. Immigration Lawyer GIUSEPPE SCAGLIARINI is a U.S. Immigration Lawyer based in Newport, RI and offering assistance to clients worldwide to obtain E-2 Visas and many other types of visa and immigration benefits, including H-1B Visas, L-1 Visas, O-1 Visas, Green Cards, Adjustment of Status. Attorney Giuseppe Scagliarini has been practicing for over 20 years and has substantial experience in assisting foreigners with the issuance of E-1 Visas (Treaty Trader Visa) and E-2 Visas (Treaty Investor Visa) at consulates throughout the world.


Even in situations where the classification may initially seem inapplicable, there are instances where it may be possible to request the same, as in the case of E2 visas for mangers or executives or visas for essential employees. Please read the numerous testimonials and thank you letter from clients we have published on this page and elsewhere on our web site from many successful E-2 Visa applicants.

Attorney Giuseppe Scagliarini speaks both English and Italian and E-2 visa consultations can be conducted in either languages.


Persons interested in obtaining an E-2 Visa with the assistance of an USA Immigration Attorney should contact us by email to schedule a in-person consultation at our Newport, RI offices, or a consultation via Telephone, Skype, or FaceTime Conference.