Question about E-2 investor visa versus E-1 trader visa
My wife invested $150,000 six months ago to set up a company, which is currently exporting a large volume of metal materials to Korea. Through that U.S. company, she applied for an E-2 visa at the Korean embassy 15 days ago, but it was denied because of a past period of unlawful presence in the U.S. The embassy told her she needs to apply for a waiver, and I’d like to know whether that’s possible. Since I may need to come to the U.S. myself to run the business, I’d also like to know if I could apply for an E-2 instead. For reference, all of the investment is recorded as having been made by my wife.
An E-2 visa is for someone who invests in and operates a business in the U.S. To obtain an E-2 visa, a substantial amount of investment is generally required — typically $200,000–$300,000 or more is needed to be approved. If an E-2 case has been denied, you must obtain a waiver approval to receive an E-2 visa. However, waiver approval is not easy to obtain — you must demonstrate a significant benefit to the U.S., and I believe a larger investment amount would improve the odds.
If obtaining a waiver proves difficult, your wife may need to give up on the E-2 visa. Instead, you might be able to apply for an E-2 employee visa. It’s also conceivable to argue that your wife’s investment is effectively your investment as well, and reapply for an E-2 as an investor yourself, but it’s questionable whether the embassy would accept that. To obtain an E-2 employee visa, the E-2 employee must share the same nationality as the owner of the E-2 business, and you must demonstrate that the E-2 employee is essential to the operation of the business.