The E-2 Visa is a non-immigrant visa that allows individuals from treaty countries to enter the US for the purpose of investing a substantial amount of capital in an eligible business.
If you are an Indian investor or entrepreneur, you might find the E2 Visa India an attractive choice for launching a business in the United States or acquiring an established one. But, as a treaty investor, you must be a citizen of a treaty country to qualify.
India is not a treaty country, yet Indian nationals can make use of the E2 Visa indirectly through two distinct pathways: by becoming a national of a qualifying treaty country or getting married to an E-2 Visa holder.
In this article, we will explore the benefits of an E2 Visa for Indian nationals, the challenges in obtaining one, some potential ways to overcome these barriers, and other US visa options for Indian investors.
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What is the E2 visa for Indian nationals?
The E2 Visa is a Treaty Investor Visa for people of treaty countries to start and manage their businesses in the US. This is a nonimmigrant visa, which means you can’t get a Green Card just by investing.
India hasn’t signed an E-2 treaty agreement with the US, so its citizens cannot apply for an E-2 Visa. Indian investors become eligible after they marry an E2 Visa holder or gain citizenship of a treaty country and become “domiciled” in that country for three years before applying for an E2 Visa. A domicile is a place you call home, the country where you claim benefits, pay taxes, or vote.
However, there is a proposal on the table for India to become a treaty country, which could potentially give Indian investors direct access to the E2 Visa. The visa promotes bilateral trade and encourages more foreign investors to open US businesses.
E2 Visa Requirements
The E2 Visa has various requirements, including being a citizen of a qualifying country that has a treaty with the United States, making a “substantial investment” in a US enterprise, and stating intent to depart the country when the visa expires.
The E2 business must be an active, for-profit enterprise, and cannot be considered a marginal enterprise. Foreign investors must enter the United States to direct and develop the qualifying US business with a lawful source of investment funds.
Because the process is complex for Indian investors wishing to apply for an E2 visa, it is best to get immigration advice from a US immigration attorney. While India is not a treaty country, there are some potential pathways for Indian citizens to apply for this visa.
Benefits of an E2 Visa
There are multiple benefits of the E2 Visa, making it an attractive option for entrepreneurs. For example, having a visa means you get:
- Access to the American dream: The US is the land of opportunity with excellent investment potential and business growth.
- Economic stability: The E2 Visa is enhancing bilateral economic trade, which constantly boosts the US economy.
- Unlimited renewals: You can extend your visa indefinitely, as long as you meet the E2 Visa requirements.
- No official minimum investment: The amount of money you invest must be “substantial” to get the business up and running and continue working.
- Can bring workers: Foreign investors can request E2 Visas for their employees of the same nationality to work for the qualifying business.
Read our E-2 Visa Ultimate Guide
Is India eligible for E2 Visa?
If you are an Indian citizen or from another country not on the E-2 treaty list, you cannot apply for the E-2 Visa directly. But you can work around it. You can marry an E-2 Visa holder or become a citizen of a treaty country with bilateral trade agreements. There are many countries to choose from, and in some cases, you can complete the process in less than a year.
You can obtain citizenship for an E-2 Visa treaty country in several ways:
- Citizenship by investment
- Citizenship through residency
- Citizenship through donation
- Citizenship by bank deposit
- Citizenship through ancestry
- Citizenship through special association
If you get your passport through financial investments, US law states that you have to live in that country for three full years (or be domiciled) before you can apply for an E-2 Visa. Living there means making it your permanent home. You can prove domicile by paying taxes, receiving benefits, and voting.
An E2 immigration lawyer can help you prove your treaty country status and apply for an E-2 Visa. Whether you are a specialized knowledge worker or a treaty investor, a lawyer can streamline the application process and boost the approval rate.
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Frequently Asked Questions About E2 Visa India
Can Indian citizens apply for the E2 visa?
Indian entrepreneurs cannot apply directly for the E-2 Visa because they are not from a qualifying country. To meet the eligibility criteria, they can choose between two options: become a national of a treaty country or marry someone with an E2 Visa status. People usually invest in treaty countries like Turkey or Grenada.
Does India have E2 treaty with US?
Not at the moment. The US government is considering granting India a treaty country status, but this proposal hasn’t been finalized yet. While waiting for a treaty, Indian entrepreneurs can explore other visa options, like the EB-5 Visa or EB-2 NIW.
Why is India not on the E2 treaty country list?
India is not on the list because the country hasn’t signed a treaty of commerce and navigation with the United States. The treaty is of mutual interest to the two countries and boosts local economies. More than 80 countries have signed this bilateral agreement, and India is not one of them.
How can Indian nationals qualify for the E2 visa through a third country?
Indian entrepreneurs can explore some of the top citizenship by investment programs and obtain alternative citizenship through business investment, donations, or real estate. Some of the most affordable options include the Caribbean, Grenada, Turkey, and Dominica.
What are the alternatives to the E2 Visa for Indian entrepreneurs?
If you don’t qualify for an E-2 Visa, other options include:
- EB-5 Investor Visa: You can get a Green Card with a minimum investment of $1,050,000 or $800,000 in a Targeted Employment Area.
- O-1 Visa: This is a temporary work visa for Indians with extraordinary ability in business, sciences, arts, athletics, or education.
- EB-2 National Interest Waiver (NIW): This is an immigrant visa for professional and skilled workers with advanced degrees or exceptional abilities.
Can Indian citizens obtain Turkish or Grenadian citizenship to apply for the E2 Visa?
Yes, many investors from non-E-2 treaty countries like India obtain citizenship in nations like Grenada or Turkey, which have E-2 treaty country status with the US. However, a recent law requires a three-year “domicile” (genuine residency) in that new treaty country before applying for the E-2 visa.
Is dual citizenship allowed for Indian nationals to access the E2 Visa?
India doesn’t allow dual citizenship. You would need to renounce your Indian passport to obtain citizenship in a treaty country through different immigration programs. This helps you enter the American Market as a treaty trader.
Is the E2 Visa better than the EB-5 Visa for Indian investors?
Whether you choose the E-2 or EB-5 Visa depends on your goals. For example, an E-2 Visa doesn’t lead to a Green Card. It offers faster visa processing time periods for running your own business or buying an existing business. But the EB-5 Visa makes you a permanent resident and lets you sponsor family members. You may want to consult with immigration lawyers to find the right choice.
What are the risks of using citizenship by investment for E2 Visa purposes?
It’s not just about obtaining citizenship anymore. The US requires three years of “domicile”, which has significant immigration issues. If you don’t have enough documents to prove your case, like bank accounts, voter registrations, or tax returns, your visa applications can get denied.
What is the minimum investment required for the E2 Visa for Indian applicants?
There is no fixed minimum amount for Indian applicants. Instead, the US requires a substantial investment relative to the total cost of the new or existing business. An immigration lawyer can help foreign nationals determine if the funds are enough, which usually means they will need at least $80,000 to $100,000 or more.
Can Indian H-1B Visa holders in the US switch to an E2 Visa via a treaty country citizenship?
Yes, Indians can switch from H-1B Visa to an E-2 Visa after becoming a national of a treaty country. But this requires separate visa applications. Individuals engaged in citizenship by investment programs must first meet the three-year domicile rule. An immigration lawyer can collect the necessary documentation and navigate the entire process.
