To obtain E-2 classification if you are outside the United States, you need to follow specific steps and procedures. Here's an overview of the process:
Determine Eligibility: First, confirm that you are a national of a country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States, making you eligible for E-2 classification. Check the list of treaty countries to ensure your eligibility.
Establish and Invest in a Business: Create or invest in a business in the United States that meets the requirements for E-2 classification. The investment must be substantial, at risk, and proportional to the total cost of purchasing or creating the business. The business should have the potential to generate more than a minimal living for you and your family.
Gather Documentation: Prepare the necessary documents to support your E-2 visa application. This typically includes your passport, evidence of nationality, a comprehensive business plan, financial documents, proof of investment funds, and any other relevant supporting documentation. Consult with an immigration attorney to ensure you have all the required documentation.
Complete Form DS-160: Fill out Form DS-160, the Online Nonimmigrant Visa Application, available on the website of the U.S. Department of State. Provide accurate and complete information about your background, purpose of travel, and other relevant details.
Pay Application Fees: Pay the required visa application fee, which can vary depending on the U.S. embassy or consulate where you will be applying. Check the specific fee amount and payment options on the website of the U.S. embassy or consulate in your country.
Schedule and Attend Visa Interview: Schedule an appointment for a visa interview at the U.S. embassy or consulate in your country. Attend the interview on the designated date and time, bringing all the required documentation, including the Form DS-160 confirmation page, passport, photographs, and payment receipts.
Decision and Visa Issuance: After the interview, the consular officer will review your application and supporting documents. If approved, you will receive your E-2 visa stamp in your passport. The visa will specify the validity period and the number of entries allowed.
Travel to the United States: Once you have your E-2 visa, you can travel to the United States and present your visa at the port of entry. The U.S. Customs and Border Protection officer will determine your admissibility and grant you permission to enter the country in E-2 status.
It's important to note that the specific procedures and requirements may vary slightly depending on the U.S. embassy or consulate where you apply. It's recommended to consult with an experienced immigration attorney or professional who can guide you through the process, assist with document preparation, and provide support during the application and interview stages.