In this article, you will discover:
As a non-immigrant visa that allows citizens of Japan to come to the US to develop and direct their business, the E-2 visa allows a five-year validity period with multiple entries. This means you can live and work in the US for five years and travel as much or as little as you want to. The E-2 visa allows you to leave and reenter the US as much as you want during those five years.
The E-2 visa is renewable. Once those five years expire, you can renew the visa as often as needed as long as your business is operating. If you want to continue living here, you can keep renewing it.
There is a difference between having an E-2 status and having an E-2 visa. While you can apply for E-2 status while you’re in the United States, you cannot apply for an E-2 visa.
When you’re already in the United States, on an ESTA (Electronic System for Travel Authorization), you cannot apply for a change of status. This status is under the Visa Waiver Program (VWP). ESTA is a travel status, not an actual visa, so if you are here under that status, you can’t change that status to a visa.
If you are here on a B-1 visa, a B-2 visa, or a student visa, you can potentially apply to change your status to E-2. The benefit of this is that you can stay in the US.
The downside is that you would not get a an E2 visa. The visa allows you a five-year validity term and a multiple-entry travel privilege. If you apply for a change of status, you’ll be landlocked in E-2 status without the ability to travel.
Even though we don’t recommend it, clients are free to choose what they feel is right for them. We can still work with you regardless of your visa or status situation.
The steps are very similar for nationals of other treaty countries:
After you send in the application, the embassy will review it, and will usually get back to you in one or two months to schedule an appointment. Next, you’ll attend your appointment at the embassy, where the decision is made to approve or deny the visa.
The process, again, will depend on the needs of the applicant. We can move as fast or slow as we need to. When you’re applying from within the United States, E-2 allows for premium processing.
Through this process, you’ll apply through an agency called the USCIS, the US Citizenship and Immigration Services. Premium processing allows your application to be processed within 15 business calendar days, so you can get a decision fairly quickly.
Of course, that takes some preparation, which is often two to three months before sending in that application.
If you’re applying from outside the US, you will apply through the US Embassy, which operates under the US Department of State. The only difference will be based on how busy the Embassy is in Japan at that time, which can generally range anywhere from two to five months.
The timeline will vary based on whatever season the embassy is in. The average amount of time to get that visa processed is probably a total of around six months.
There’s no legal minimum investment requirement based on experience. However, we generally don’t recommend that you go below $100,000. If you can do more than that, it’s almost always better. If you need to invest on the lower end, we encourage you to work with us to get a strong business plan written.
A great business plan can ensure that your application is going to be solid enough for the Visa Officer reviewing it. If you can make a substantial investment of over $100,000, that leads to a stronger application in general.
Remember that based on experience, some countries generally ask that you provide a more significant investment.
A decent investment, plus a strong business plan, would make for an excellent application. Our firm is experienced in putting all of these pieces together.
The qualifications for obtaining an E-2 for Japanese nationals include the same steps for other treaty countries in addition to two added steps. The qualifications are as follows:
Once we have everything in place, we can put all that paperwork together and send it to the Embassy. At that point, they will review everything and decide whether to approve your E-2 visa.
The initial visa will be for five years and allows for multiple entries. Once that initial five-year period expires, you must apply for a renewal. Remember, there’s no limit to the number of renewals you can do.
As long as they’re classified as immediate relatives, which means your spouse or children under 21 years old, they can accompany you on your E-2 visa.
If you have other family or friends who don’t meet that definition but want to come with you, we may be able to find another way. One way is by classifying them as essential employees of the business. This would mean they are an integral part of your business operations.
With any process you may be unfamiliar with, you’ll want to have an attorney experienced with the procedures used in Japan for applying for an E-2 visa. The greater the experience your immigration attorney has, the better the chances of your process and approval.
So being able to communicate in a specific language can help streamline the process. Japan is one of those locations where you want to have an attorney representing you or assisting you in preparing your application because Japan process, by far, the most E2 Visas in the world. It is a very busy and experienced Embassy. It is much to your advantage to have the best representation available when applying for an E2 Visa in Japan.
For more information on US E-2 Visas For Japanese Nationals, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 306-7833 today.