E-Visa Frequently Asked Questions

Can an E-1 or E-2 dependents work in the United States?

See "Dependents" in the Introduction.

What is an investor permitted to do while in the US on the Visa Waiver Program or on a B1/B2 visa?

See "Proper Use of B1/B2 Visas and Visa Waiver Travel for Investors" in the Introduction.

Does an E-visa lead to legal permanent residency?

There is no formal route from an E-visa to a green card. Applicants who wish to become US citizens must apply for the appropriate immigrant visa category.

Can I retire on an E-2 visa?

No. The E-visa is a work visa. It is expressly intended for those who enter the US "solely to carry on substantial trade" or "solely to develop and direct the operations of an enterprise." As soon as you cease to meet this requirement, you are no longer eligible for the visa.

Can a refusal be appealed?

See the last paragraph in "Overview of the Process."

What documents are required to register a franchise?

These may vary from case to case, but at minimum we require a signed and dated franchise agreement and proof of payment of the franchise fee. If you are purchasing an existing franchise from a current franchisee, we also need a letter of consent from the franchisor.

What is the minimal amount of money that I need to invest?

Neither the regulations nor the law stipulates any specific minimum amount for a qualifying investment. Instead, the law says the investment must be "substantial"-namely, sufficient to ensure the investor's commitment to the enterprise and enough to make it likely that it will succeed. In order to determine whether a given investment is substantial we employ the proportionality test, which is described here in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51).

If I have been arrested or convicted for any reason in the United States or outside it, must I go through some extra steps to obtain a visa?

Yes. Court and Police Records: Persons who have been arrested or convicted for any offense or crime must provide a police record in original, copies of court records and of any prison records, even though subject of a pardon, amnesty, or other act of clemency. Depending on the offense, it may be necessary to request a waiver of ineligibility from the Department of Homeland Security. Allow extra time for this process.

Are subsidiaries or affiliates of a Treaty Investor enterprise automatically eligible to send employees on E-2 visas?

No. In order to register the subsidiary of a US treaty investor company or the affiliate of one with common Swedish ownership, you must (a) notify us by letter of the addition, (b) provide us with the latest US tax return for the subsidiary or affiliate, and (c) provide proof of its ownership. We will process such requests as we receive them and will not put them into the regular queue for new registrations and renewals. E-1 subsidiaries or affiliates require completely new applications for the company to be added.

Can outside funds-such as savings or income from other sources-count towards the marginality requirement?

No. In most cases, income from the business alone must be able to support the investor and his or her family.

Do my children need to be present at the interview?

Dependent children under 14 do not need to attend the interview. However, they must be in Sweden when their visas are issued. Applicants are advised to provide evidence (such as boarding passes) of their presence.