The dream of owning a business in the United States is shared by many around the world. For Nepali citizens, the opportunity to tap into the U.S. market and take part in its thriving economy is undoubtedly appealing. If you’ve been thinking about expanding your business or starting one in the U.S., you may have come across the E-2 Treaty Investor Visa as a potential route to make it happen. However, as you start to explore this path, a key question arises: Can Nepali citizens apply for an E-2 visa?
While this may seem like a roadblock at first, there are still options available to pursue your U.S. business aspirations. In this blog, we’ll guide you through the process, explore alternative pathways, and provide clear steps on how Nepali citizens can still pursue the dream of securing an E-2 visa.
Can Nepali Citizens Apply for an E-2 Visa?
At the moment, Nepali citizens are not eligible to apply for the E-2 visa directly. The reason lies in the lack of a treaty of commerce and navigation between Nepal and the United States. The E-2 Treaty Investor Visa is available only to nationals of countries that have signed such treaties with the U.S. Since Nepal is not on this list, it creates a barrier for those looking to enter the U.S. and start a business under the E-2 visa program.
You can check the Treaty Country List from the official website of USCIS.
So, if you want to apply for an E-2 visa, you need to follow other alternative options.
Read Also: E2 Visa Family and Dependent Rules Explained
Alternative Pathway for Nepali Citizens to Apply for an E-2 Visa
Obtaining citizenship from a country that has an E-2 treaty with the U.S., Several countries offer citizenship through investment. Once you get a passport from one of these treaty nations, you could qualify for the E-2 visa. Let’s briefly walk you through the process:
Step 1: Apply for Citizenship
Begin by applying for citizenship in a treaty country, such as Turkey, Portugal, St. Kitts and Nevis, or Malta. Many of these countries offer a Citizenship by Investment Program, which requires making a substantial investment, often starting around $100,000 to $150,000, depending on the country and its specific requirements.
Step 2: Obtain a Passport
Upon approval, you will receive the passport from the country where you have obtained citizenship. This passport grants you the nationality of a treaty country, qualifying you for the E-2 visa application process.
Step 3: Apply for the E-2 Visa
You can access and complete the DS-160 form online through the U.S. Consular Electronic Application Center (CEAC) at ceac.state.gov.
- Remember to carry the confirmation page with the barcode after completing the form.
- Ensure you have all the required personal and financial information ready before starting the application.
- The form must be completed prior to scheduling your visa interview.
Step 4: Schedule a Visa Interview
Nepali citizens who have acquired citizenship from a treaty country must apply for the E-2 visa through the U.S. Embassy or Consulate located in the country of their new citizenship. For example, if you obtained citizenship in Grenada, you would schedule your interview at the U.S. Embassy in Grenada.
- Wait Times:
Visa appointment wait times vary by location and can fluctuate throughout the year. To get an estimate, check the current wait times for your specific embassy or consulate on the Global Visa Wait Times page. - Interview Waiver:
In some cases, applicants may qualify for an interview waiver. This is typically available for individuals who meet specific criteria, such as having a previous U.S. visa or being under a certain age. Check with your U.S. Embassy or Consulate for eligibility details.
Step 5: Prepare Supporting Documents
Don’t forget to gather and prepare the following documents for your E-2 visa interview:
- Valid Passport
- DS-160 Confirmation Page
- Visa Application Fee Receipt: $315
- Photograph
- Proof of Investment Funds
- Business Plan
- Evidence of Ownership and Control
- Proof of Business Viability
Step 6: Attend the Visa Interview
Answer questions about your role in the business, the investment amount, and how you plan to operate the business in the U.S. A consular officer will review your documents and ask about your business plans.
Processing Time
The processing time for the E-2 visa application can vary. Generally, it ranges from a few weeks to several months, depending on the specific U.S. Embassy or Consulate and the complexity of your case. In some cases, additional administrative processing may be required, which can extend the timeline. If this happens, the consulate will notify you and provide further instructions.
Note:
- Premium processing is available for Form I-129 within the U.S. when requesting a change or extension of E-2 status.
- Premium processing guarantees a decision (or a Request for Evidence) within 15 calendar days.
This process might take time and require substantial investment, but it’s a pathway that thousands of individuals from non-treaty countries have successfully used to establish themselves in the U.S.
Contact the Law Offices of Sweta Khandelwal for expert guidance on obtaining a second citizenship and applying for the E-2 visa. Let us help you take the first step toward realizing your U.S. business dream.
To start following the alternative pathway, you need to know the E-2 visa requirements 1st.
E-2 Visa Requirements
To qualify for the E-2 Treaty Investor Visa, applicants must meet specific criteria set by the U.S. government. These requirements ensure that the applicant is a serious investor, has a viable business plan, and is contributing to the U.S. economy. Let’s break down the key E-2 visa requirements:
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Investment
You must invest a substantial amount of capital in a U.S. business. While there is no official minimum, the investment typically ranges from $100,000 to $200,000, depending on the type of business.
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Ownership
As an investor, you must own at least 50% of the enterprise or hold operational control. This means you should be the one who can make key decisions about the business’s operation. The level of ownership and control ensures that you are actively involved in managing and growing the business.
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Business Viability
The enterprise you invest in must be non-marginal. In other words, the business should not just support the investor and their immediate family, but it must generate enough income to create jobs and contribute to the U.S. economy. A marginal business is one that is only capable of providing a minimal living for the investor, which does not meet the requirements for the E-2 visa.
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Risk of Investment
The funds you invest in the business must be at risk in a commercial sense. This means your investment should not be in a passive or secured form, and it must be subject to potential loss if the business fails. This is what’s known as “irrevocably committed”. It ensures that the applicant is taking a genuine risk and is not merely using the E-2 visa to relocate without the intention of operating a business.
E-2 Visa Cost Requirements for Nepali Citizens
Go through the E-2 visa application fees:
- Visa Application Fee: $315
- Visa Issuance Fee (Reciprocity Fee)
- Citizenship Acquisition Fees
- Legal and Administrative Fees
- Premium Processing Fees: $2,805
Once you’ve successfully secured your E-2 visa, it’s important to know how to maintain and extend your visa status over time. Let’s explore the expiry and renewal process so you can plan for the future of your U.S. business.
Also Read: Changing Your Business Type on an E-2 Visa: Steps and Rules
How Can Nepali Citizens Renew Their E-2 Visa?
Once you’ve obtained your E-2 visa through citizenship from a treaty country, it’s important to understand the visa’s validity and renewal process. The E-2 visa offers flexibility for investors who want to maintain their U.S. business operations.
- Renewal Period: E-2 visas are generally renewable in two-year increments. As long as you continue to meet the visa’s requirements, you can apply for extensions when the visa nears expiration.
- Ongoing Requirements: To be eligible for renewal, your business must still be operational, meeting the minimum investment and job creation criteria.
While the E-2 visa offers exciting opportunities for Nepali citizens seeking to start a business in the U.S., it’s important to be aware of potential challenges that come with this visa.
If you’re considering acquiring citizenship from a treaty country for the E-2 visa, Contact Sweta Khandelwal. She will help you fully understand the legal implications, especially regarding Nepal’s stance on dual citizenship.
3 Challenges Nepali Citizens Face for an E-2 Visa Application
While the E-2 visa provides an exciting opportunity for Nepali citizens to establish a business in the United States, there are some important challenges and considerations to keep in mind as you navigate the application process.
1. No Path to Green Card
The E-2 visa is a non-immigrant visa. So, you can’t get permanent residency (a green card). While the visa can be renewed indefinitely as long as the business remains operational, it does not provide a straightforward path to permanent U.S. citizenship.
2. Investment Risk
One of the fundamental requirements for the E-2 visa is that your investment must be “at risk” in the commercial sense. This means that the money you invest in the business must be subject to the possibility of loss if the business fails.
3. Dual Citizenship Laws
While some treaty countries, like Grenada and Portugal, allow dual citizenship, not all do. Consider when choosing a country to obtain citizenship in order to qualify for the E-2 visa.
Before proceeding with acquiring a second citizenship from a treaty country, it’s important to know that Nepal does not permit dual citizenship. So, upon acquiring citizenship from a treaty country (such as Grenada, Portugal, or Turkey) to qualify for the E-2 visa, you may be required to renounce your Nepali citizenship. This could have significant legal and personal consequences, including the loss of rights associated with Nepali citizenship.
These challenges highlight some of the key factors to consider before pursuing the E-2 visa. Being aware of these limitations and risks allows you to make more informed decisions as you move forward with your plans to do business in the U.S.
Also Read: Top Reasons for E2 Visa Renewal Denials and Avoiding Them
Conclusion
In exploring the possibilities for Nepali citizens to acquire the E-2 Treaty Investor Visa, we’ve learned that while direct eligibility isn’t available due to the absence of a treaty, acquiring citizenship from a treaty country opens a practical path. We’ve also uncovered the critical steps in the application process, the importance of understanding investment risks, and the need to navigate dual citizenship laws carefully. The opportunity to pursue a U.S. business venture is within reach, but it requires careful planning and expert guidance.
Speak to an Expert at The Law Offices of Sweta Khandelwal. To handle the complexities of the E-2 visa application process, reach out directly to Sweta Khandelwal. You can also Contact the Law Offices of Sweta Khandelwal to start your business in the U.S.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
