The E-2 Treaty Investor Visa allows nationals of countries with which the United States maintains a treaty of commerce and navigation to enter and work in the U.S. based on a substantial investment in a U.S. business. Bangladeshi citizens are eligible for this visa due to the existing treaty between Bangladesh and the United States.

Eligibility Criteria:

1. Nationality: The investor must be a Bangladeshi national.

2. Investment: A substantial investment in a bona fide U.S. enterprise is required. While there’s no legally defined minimum, investments typically exceed $100,000.

3. Ownership and Control: The investor should own at least 50% of the U.S. business or possess operational control through a managerial position.

4. Active Enterprise: The business must be a real, active commercial or entrepreneurial undertaking, producing goods or services for profit. Passive or idle investments do not qualify.

5. Marginality: The enterprise should generate more than enough income to provide a minimal living for the investor and their family or have a significant economic impact in the U.S., such as job creation.

Application Process:

1. Business Planning: Develop a comprehensive business plan detailing the nature of the business, market analysis, financial projections, and how the investment will be utilized.

2. Company Formation: Establish the U.S. entity, ensuring it meets all legal requirements. This includes registering the business in the chosen state and obtaining necessary licenses.

3. Investment Commitment: Transfer the investment funds into the U.S. business account and begin spending on necessary expenses like inventory, equipment, and marketing. The funds must be “at risk” and irrevocably committed to the enterprise.

4. Documentation Preparation: Gather all required documents, including proof of Bangladeshi nationality, evidence of the investment’s source and movement, business registration documents, and a detailed business plan.

5. Visa Application Submission: Complete the DS-160 Online Nonimmigrant Visa Application and the DS-156E Nonimmigrant Treaty Trader/Investor Application. Pay the non-refundable application fee and schedule an interview at the U.S. Embassy or Consulate.

6. Interview: Attend the visa interview with all supporting documents. Be prepared to discuss the business plan, investment details, and demonstrate intent to return to Bangladesh upon termination of the E-2 status.

Processing Time:

Processing times can vary. For applicants applying from outside the U.S., it may take longer than six months.

Dependents:

Spouses and unmarried children under 21 can accompany the principal E-2 visa holder. Spouses are eligible to work in the U.S. without the need to file for an Employment Authorization Document (EAD).

 

Important Considerations:

• Intent to Depart: While the E-2 visa is a non-immigrant visa, applicants must demonstrate an intent to depart the U.S. upon termination of their E-2 status.

• Legal Assistance: Given the complexities of the E-2 visa process, it’s advisable to consult with an experienced immigration attorney to navigate the requirements effectively.

For the most current information and guidance, refer to the U.S. Citizenship and Immigration Services (USCIS) official page on E-2 Treaty Investors.