E-2 Treaty Investor visas enable allow overseas investors and their employees to live in America to direct, develop or work for the US-based E-2 company. Occasionally changes are made to the E-2 visa program. The following is an overview of some developments in the E-2 visa program that are new for 2024.
E-2 visas for spouses and dependent children
The principal E-2 visa applicant must be a national of a country that has a qualifying treaty of commerce with the US. The amount of time for which that principal E-2 visa is valid depends on the reciprocity schedule (published by the US Department of State) of the principal E-2 visa applicant’s nationality.
The spouse and children of that principal E-2 visa applicant are entitled to derivative E-2 visas, regardless of their nationality. However, new in 2024, there are some updated clarifications regarding the amount of time for which the derivative E-2 visas will be valid, as follows:
- Derivatives of treaty countries: The spouse and/or children of an E-2 visa principal who possess the nationality of a treaty country should be issued visas valid for the maximum validity authorized by the reciprocity schedule of the derivative applicant’s nationality, or for the length of the principal’s visa and/or authorized stay, whichever is less.
- Derivatives of non-treaty countries: Non-treaty country spouses and children are also entitled to derivative classification and may have their visas issued in the non-treaty country passport. However, since only treaty country reciprocity schedules provide data for E visas, the validity period for non-treaty country applicants must be based on the reciprocity schedule of the principal applicant.
Longer E-2 visa validity period for French citizens
Staying on the topic of E2 visa validity periods, citizens of France will now enjoy a significant improvement. Whereas in 2023 the validity period for French citizens was only two years, in 2024 the validity period of E2 visas for French citizens has doubled to four years.
Eligibility of Portuguese citizens for E-2 visas remains unclear
In 2023 it was announced that citizens of Portugal will become eligible for E-2 visas. However, in 2024 (as of the date of this article), according to the US Department of State reciprocity schedule, there is still no valid treaty between US and Portugal. As a result, citizens of Portugal remain ineligible for E-2 visas. . . at least for now!
Faster processing of E-2 visa applications in Spain
At the end of 2023 the consular section of the US Embassy in Madrid announced updated procedures for E-2 visa applications. One significant improvement is that consulate’s new (and significantly reduced) processing time for E-2 visa applications. In 2024, the consular section of the US Embassy in Madrid aspires to process E-2 visas in 90 business days. In addition to that faster processing time, the US Embassy in Madrid announced changes to the application procedure for E-2 visa applications.
For support with your E2 visa application, contact the lawyers at JORDAN COUNSEL.
