How does the application process work?

The application for the Treaty Investor visa will usually be submitted to the U.S. consulate in the country where the company based. Generally, it is also possible to apply at the USCIS – but we strongly advise you to apply at the appropriate consulate.

Please check with your local U.S. embassy for details. Other than the L or H visa application process, the E-2 application process does not require a petition to the U.S. Citizenship and Immigration Services. This is one of the advantages of the E visa category – you will not have to pay the high USCIS fees.

First of all, the E-2 initial application has to be mailed to your local U.S. consulate.

Along with the standard forms (DS 156, DS 157 and DS 156 E) and the appropriate fees, you have to submit extensive documentation on your enterprise, evidence for the investment(s) made, and the applicant’s qualifications.

After a processing time of approximately 4 to 8 weeks (depending on the season and the work load in the consulates) the employee/business owner will receive an appointment for an interview with the U.S. consulate. The interview is the final step in deciding about the applicants eligibility. After this, the application will be either approved or denied.

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