Preparing the Application
Before an application can be filed, both the applicant and his attorney must perform substantial work to ensure that the petition is in good order. To be approved, an E2 visa requires that (1) the applicant be a citizen or national of a country that has a commerce and navigation treaty with the United States, (2) he or she make a substantial investment in a commercial enterprise in the United States, (3) he or she have already invested or be in the process of investing, (4) the enterprise be a real, operating, non-marginal commercial enterprise, and (5) the applicant be in a position to develop and direct the enterprise.
Working collaboratively with an immigration attorney, it may take anywhere from a couple weeks to several months to put together the necessary documentation and prepare the legal and financial paperwork necessary for the investment prior to filing the application. In addition, the investment visa lawyer will need additional time to process and finalize the E2 visa application to ensure that it has the highest possible chance of approval. Once complete, the determination with then need to be made as to whether the application should be filed with USCIS or the appropriate U.S. Consulate.
