Abstract
In this research, we explore the dynamics of the E2 visa program for Pakistani investors, employing statistical analysis techniques such as standard deviation and mean to glean insights from our dataset of 46 individuals. Our analysis reveals nuanced findings regarding the availability, advantages, and drawbacks of the E2 visa, offering valuable perspectives on its efficacy in fostering investment ventures. Furthermore, we provide actionable suggestions, advocating for a more supportive and investor-friendly approach from the US government to facilitate the smooth operation of Pakistani businesses during their tenure. By synthesizing empirical data with policy recommendations, this study contributes to the ongoing dialogue on enhancing the accessibility and effectiveness of the E2 visa program.
Key Words
Non-Immigration, E2 Visa Program, Investors, Entrepreneurs, Pakistani Expatriates, Economic aspect, Social Aspects, Challenges
Introduction
Immigration is a dispersed phenomenon of an individual relocating himself in the hope of a better life, this is rooted in prehistoric eras, wherein humans migrated in search of Food, suitable weather, and a favorable atmosphere for living. As the world revolves towards modernization, the perception of immigration has changed day by day, whereas the territories were marked in countries, regions, and continents. Each country is working for the betterment of its residents, whereas the nationals of other countries in the hope of living their dream and seeking positive opportunities migrate from country to country and continent to continent.
United States of America, which is also known as the land of Immigrants, due to its supremacy and lifestyle advancement is considered to be the center of attraction for everyone around the world, as it gives a better life, opportunities, Academics, and infrastructure. During the past decade, a Survey was conducted by the International Census and United Nations Office for Migration and it was stated that an average of 50 thousand people around the world came to the USA annually (International, 2022) to be a part of this Dream of USA, However, the Terror Incident that occurred after September 11, 2001, by the terror organization groups have let the life of immigrants difficult in the USA, resulting into deportations, travel Ban and strict Visa Policies.
Despite the fact, that being the supreme power, the USA fought against terror by improvising Immigration Policies, moreover introducing a variety of Visa Categories. The United States offers various visa categories tailored to different purposes, including tourism (B-2 visa), business (B-1 visa), study (F-1 visa), temporary work (H-1B visa), exchange programs (J-1 visa), family reunification (IR-1/CR-1 visas), and permanent residency (Green Card). Each visa category has specific eligibility criteria and requirements, ensuring that individuals can visit, study, work, or reside in the United States legally and according to their intended purpose, from these categories one of the most prominent Category is the E2 Visa, which is a non-immigrant visa, facilitating to the international investor to invest, as well as stay and work in the USA. It is considered to be the oldest US Visa, used for the last 200 years (UCIS, 2024). Historically this category arose out of the treaty
between the U.S. and Foreign countries, also known as Commerce, Navigation, and Treaty of Friendship. However, the oldest treaty that was signed between the UK and the USA was in 1815, which was to promote commerce between both countries and later on emerged with other various countries. In the Year 1924 ( Batolova, 2022), the E Visa Category began to be codified into the Immigration and National Act 1924 (INA), wherein the first category was the E-1 Treaty Trader class, which helped to facilitate trade by foreign Merchants. Followed by a large foreign investment were seen, later on in the year 1952, through INA, created the Investor Class Visa, which is acknowledged as an E-2 Visa, more than 80 countries are attached to the instant treaty, but the said category became more popular in the year of 1980 and 1990s, when multinational companies like Honda, Panasonic, expanded their network into the USA. According to Stats, the E-2 visa has nourished by the passage of time, whereas the reports say, that from the year 1990 to 2013 about 35000 visas were issued under this category, which boosted till the year 2019 when 43000 visas were issued (Cherry, 2017). Many countries including South Korea, Germany, and Mexico, are large users of such a category, whereas Pakistan is also rising as a recurring region facilitated by the visa of the above-mentioned category (Goldstein, 1989).
Figure 1
Showing the Challenges in Pakistan and Opportunities in the USA via E2 Visa
In this article, we are examining the positive and negative aspects of the E-2 Visa, and how it helps any international entrepreneur to enter and promote their cultural heritage by utilizing their mode of business in the land of USA (Mohammadi, 2021), Further the US who a prominent space in every field, we also examined through a series of questions, that what an individual thinks about the E-2 visa, and what are the hurdles faced by the investor for acquiring E-2 visa, specifically for the Pakistani Entrepreneurs.
Significance
Although there is a lot of literature available on immigration laws and policies, none of it addresses any specific visa program, particularly the E-2 visa. This is despite the fact that the E-2 visa is an old visa program, but the context of Pakistani investors, who obtain the visa, the pros and cons, as well as the requirements and obstacles, are never answered, our goal is to make a contribution to the literature by providing our perspective on the subject and suggesting easy pathways for individuals, who are interested in having complete knowledge about the E2 visa.
Objectives
The main objective of the article is to shed light on the unexplored Business/Investor visa program, by scrutinizing the pros and cons of the E2 Visa, along with detailed information regarding the requirements and the obstacles to the acquisition of an E2 Visa, we will also share the common hurdles faced by such Pakistani Investor, our finding and suggestion may help any individuals who is willing to be part of the journey of Investment treaty visa, along with inspiring action and impacts of the E2 Visa on Individual Pakistani Investors. It is indeed not the alone category of Visa but a specified category of Non-immigrant visa that enables any entrepreneurs to enter and work in fascinating countries like the USA, likewise, other visa Programs, which become the center of focus of many researchers, and have plenty of information on both, literature format as well as online, the E2 visa suffer from detailed analysis by the scholars and research centers, to fill that gap the study is objectified, so the gaps in the literature and myth could be resolved.
Limitations
Due to the special focus on the E-2 Visa, our study is limited to knowledge, Results, and information about E-2 Visa, whereas other categories of the USA Visa are exempted in this article, due to the non-availability of literature on the Subjected topic, the other categories are easily accessed and there is no literature gap is seen in other categories, rather the E-2 Category.
Methodology
Answering the objectives and certain conditions when any governmental program has to be analyzed, requires a comprehensive approach, for analyzing the said purpose and fulfilling our objective, we have gathered responses from 46 Pakistani individuals. Who has acquired an E-2 visa during the quarter century i.e. 1999-2024, the candidates were asked to fill out a closed-ended questionnaire having, a series of questions, which were created by keeping the objectives in mind, it is pertinent to mention here that the total number of visa given in the said period was 113,435,532 worldwide and the part percentage of Pakistan is 0.67% which totals to 760,018 ( Bier, 2013).
Data Analysis
The
set of questions within the Likert scale by closely looking into the sharp
edges of the E2 visa, which included the priority given to this category, Pro
and cons, obstacles, General knowledge, and myths, etc., random sampling was
used in the instant Data Analysis and acquired Statistic from the population
were closely observed and removed the error, although we do not have the access
to most of the people, who have acquired the E-2 visa, the success stories, of
the population, analyzed could be considered to be the representation to
explain the general phenomenon and hurdles faces by any individuals (Hassan, 2013). After every question, we have mentioned a comment section, which
could give us additional valuable information regarding our candidates, deemed
fit to answer the questions.
Table 1
Initial Classification of Research Candidates Regarding E-2 Visa
S. No. |
Visa Category |
No. of Persons |
Male (M) |
Female (F) |
Percentage (%) |
1 |
Investment |
20 |
12 |
8 |
43.48 |
2 |
Entrepreneurship |
15 |
9 |
6 |
32.61 |
3 |
Business |
11 |
7 |
4 |
23.91 |
Total |
46 |
28 |
18 |
100 |
For analyzing the Socio-Demographic profile of the research, we have
placed a special session, wherein we have mentioned the Point of Age Factor, in
response to this, we provided 5 age breakups i.e. Under 18, 18-30, 31-40, 41-50
& 51-65 respectively. which helps us to understand the age factors of,
those who availed of the E-2 Visa. Marital Status also plays a significant
attribute in the instant Visa Category, as the Visa Category could also
facilitate Spouse/Partner and dependent children under the age of 21 to have
the visa, due to the visa acquisition of the head of the Family. In the instant
category, we used four options i.e. Never married, Married, divorced, and
widowed, which reflect the family structure and the support system. Education
Level is another critical factor, that showcases the educational attainment of
visa holders, spanning from no formal education to Post graduate degree, which
could influence their employment and socioeconomic status. Employment status
before and after obtaining the Visa defines the transition in career path and
economic opportunities, this part is characterized as employed, self-employed,
student, and business holder. The section, demographic information, consisted
of the years of stay from 1999-2024, which provides a narrowed perspective on
the individuals, to integrate into the local communities and engage in the
actives, which could be the source of cultural awareness (Costa, 2022). The reason behind acquiring
the above data is to get experiences, challenges, and opportunities, that an
individual entrepreneur could have experience while availing the E2 visa
program.
We analyzed the acquired data from SPSS V.26, for summarizing the data
Descriptive analysis Technique was used, wherein the standard Deviation and
mean were calculated from the continuous variable, while for the categorical
variable, we used percentages. We have also utilized Chi-Square to associate
the results between social demographic variables and categorical variables,
Independent T-tests were also used in finding the results. Only values that are
less or equal to p < 0.05 were adopted and evaluated in Data analysis.
Results
The data reveals a diverse demographic profile of candidates
applying for the E2 visa. The mean age range of candidates is 37.5 years of
age, having a St.Dev of 25.49, which indicates diversity amongst applicants.
The majority of candidates fall within the age range of 25-34 years (26.09%),
then aged 35-44 years (21.74%), and lastly 18-24 years (17.39%). Marital status
among candidates varies, with the largest proportion being married individuals
(43.48%), followed by singles (21.74%), divorced (17.39%), and widowed (17.39%)
individuals, reflecting diverse family structures. In terms of education,
tertiary education is predominant, with 43.48% of candidates having attained
this level, followed by postgraduate education (21.74%). A smaller proportion
of candidates have primary education (8.70%) or no formal education (4.35%).
Employment status, before obtaining the E2 visa shows that the majority were
employed (39.13%), followed by self-employed individuals (26.09%), while
unemployment and student categories, each comprise 17.39% of candidates. After
obtaining the E2 visa, the majority of candidates are employed (52.17%), with
self-employment being the next most common category (30.43%), Whereas the
smaller proportions are unemployed i.e. (8.70%), with an equal percentage
engaged in student activities. Regarding the duration of stay in the US, after
obtaining the E2 visa, more than half of the candidates (52.17%) have stayed
for over 5 years, followed by those, with a duration of 2-5 years (26.08%), and
the smallest proportion, with a duration of 0-2 years (21.73%). This
comprehensive analysis provides valuable insights into the demographic and
socio-economic characteristics of E2 visa candidates, aiding in understanding
the background and circumstances, comprising the
above-mentioned data, we obtained the following results, which are mentioned
for the easement of the readers.
Table 1
Demographical Analysis of Study
Category |
Sub-category |
Frequency (N) |
Percentage (%) |
Age Mean=
37.5 St
Dev= 25.49 |
Under 18 |
2 |
4.35 |
18-24 |
8 |
17.39 |
|
25-34 |
12 |
26.09 |
|
35-44 |
10 |
21.74 |
|
45-54 |
8 |
17.39 |
|
55-64 |
6 |
9.05 |
|
Status |
Never Married |
10 |
21.74 |
Married. |
20 |
43.48 |
|
Widow |
8 |
17.39 |
|
Divorcee |
8 |
17.39 |
|
Education |
No Formal Education |
2 |
4.35 |
Primary |
4 |
8.70 |
|
Secondary |
10 |
21.74 |
|
Tertiary |
20 |
43.48 |
|
Postgraduate |
10 |
21.74 |
|
Employment
Before E2 Visa |
Employed |
18 |
39.13 |
Unemployed |
8 |
17.39 |
|
Self-employed |
12 |
26.09 |
|
Student |
8 |
17.39 |
|
Employment
After E2 Visa |
Employed |
24 |
52.17 |
Unemployed |
4 |
8.70 |
|
Self-employed |
14 |
30.43 |
|
Student |
4 |
8.70 |
|
Year
of Stay |
0-2 Years |
10 |
21.73 |
2-5 Years |
12 |
26.08 |
|
5+ Years |
24 |
52.17 |
Respondents have differing views on the
existing information about E-2 visas, but they generally lean towards a
moderate satisfaction level. This is reflected in their mean of 3.0 and St.Dev
of 1.436. Similarly, coverage of the pros and cons of the E-2 visa program is
seen as moderately satisfactory, having a mean reading of 2.7 and a St.Dev of
1.457. However, some variation for opinions regarding level of information
about the requirements and obstacles associated with the E-2 visa program,
Respondents feel somewhat informed, as indicated by a mean score of 1.8 and a
standard deviation of 0.962, Satisfaction with the experiences of Pakistani
investors in obtaining the E-2 visa is moderate, with a mean score of 2.3 and a
standard deviation of 1.164, Similarly, the perceived value of information
offering suggestions for easy pathways for E-2 visa applicants is also
moderate, with a mean score of 1.9 and a standard deviation of 1.080, moreover,
respondents showed a moderate likelihood of seeking additional information about
E-2 visa requirements after reading existing information, as reflected by a
mean score of 3.0 and a standard deviation of 1.436, they tend to agree that there are sufficient
resources available for individuals interested in the E-2 visa, with a mean score
of 1.8 and a standard deviation of 0.962, the comprehensiveness of literature
addressing all aspects of the E-2 visa program is perceived as moderate, with a
mean score of 2.0 and a standard deviation of 1.097, additionally, respondents
lack confidence in their understanding of the E-2 visa process without
consulting any official, as indicated by a mean score of 1.8 and a standard
deviation of 0.962, satisfaction with the clarity of information provided in
the literature regarding E-2 visa requirements is moderate, with a mean score
of 2.3 and a standard deviation of 1.168, literature discussing challenges
faced by Pakistani investors is perceived as moderately helpful, with a mean
score of 2.2 and a standard deviation of 1.165, interestingly, there is a high
likelihood of recommending literature providing insights into the experiences
of E-2 visa holders, as reflected by a mean score of 4.3 and relatively high
standard deviation of 2.368. Similarly, literature discussing the economic
impact of the E-2 visa program is perceived as highly relevant, with a mean
score of 4.1 and a relatively high standard deviation of 2.125, moreover,
available information addressing the legal aspects of the E-2 visa application
process is perceived moderately, with a mean score of 2.2 and a standard
deviation of 1.254, the information provided on the Internet regarding E-2 visa
requirements is seen as moderately accurate, with a mean score of 1.2 and a
standard deviation of 0.523, respondents also exhibit a moderate likelihood in
referring to literature providing insights into successful strategies for E-2
visa approval, as indicated by a mean score of 2.5 and a standard deviation of
1.246, furthermore, satisfaction with the level of details available on the
Internet about the E-2 visa application process is moderate, with a mean score
of 3.3 and a standard deviation of 1.556, respondents have moderate conviction
in the arguments presented in literature regarding the benefits of the E-2 visa
program, with a mean score of 2.3 and a standard deviation of 1.164, there is
also a moderate likelihood of relying on literature for guidance while
navigating the E-2 visa application process, as reflected by a mean score of
1.8 and a standard deviation of 1.246, moreover, literature discussing the
cultural challenges faced by E-2 visa holders is perceived as highly relevant,
with a mean score of 3.4 and relatively high standard deviation of 1.610,
literature addressing the documentation required for the E-2 visa application
is perceived as moderate, with a mean score of 1.8 and a standard deviation of
1.047, respondents moderately believe in the accuracy of information provided
in existing literature regarding processing time of E-2 visa, with a mean score
of 2.5 and a standard deviation of 1.246, additionally, respondents have
moderate confidence in their ability to navigate the E-2 visa application
process after reading available literature, with a mean score of 2.0 and a
standard deviation of 1.097, furthermore, there is a moderate likelihood of
consulting a Visa Expert for guidance in preparing for E-2 visa interviews, as
indicated by a mean score of 3.2 and a standard deviation of 1.335, available
information discussing the potential challenges of renewing E-2 visas is
perceived as moderately relevant, with a mean score of 1.8 and a standard
deviation of 1.047, literature addressing the investment requirements for the
E-2 visa program is perceived moderately, with a mean score of 2.9 and a
standard deviation of 1.558, respondents also exhibit a moderate likelihood in
referring to literature for insights into maintaining E-2 visa eligibility, as
reflected by a mean score of 3.1 and a relatively high standard deviation of
1.658, moreover, respondents are moderately satisfied with the comprehensiveness
of literature regarding the rights and responsibilities of E-2 visa holders,
with a mean score of 2.0 and a standard deviation of 1.179, additionally,
literature providing tips for navigating cultural differences in USA is
perceived as moderately valuable, with a mean score of 2.0 and a standard
deviation of 1.179, Overall, available insights provide a comprehensive
understanding of respondents' perception and attitudes towards various aspects
of the E-2 visa program and available information and literature, offering
valuable insights for further analysis and decision-making. Detailed responses
generated from the questionnaire are written below.
Table 2
Detailed analysis of the Questionnaire
S. No. |
Statement
of Question |
Likert
Scale Variable |
Mean Score |
Standard
Deviation |
1 |
To
what extent do you believe that existing information regarding the existing
E-2 visa could be helpful to any individual? |
Extremely
Helpful-Not Helpful at All |
3.0 |
1.436 |
2 |
How well do you think the pros
and cons of the E-2 visa program are covered in current information available
on the internet? |
Strongly Disagree - Strongly
Agree |
2.7 |
1.457 |
3 |
How
informed do you feel about the requirements and obstacles associated with the
E-2 visa program? |
Not
Informed at All - Extremely Informed |
1.8 |
0.962 |
4 |
How satisfied are you with the
experience shared by Pakistani in obtaining the E-2 visa? |
Very Dissatisfied - Very
Satisfied |
2.3 |
1.164 |
5 |
How
valuable do you find available information that offers suggestions for easy
pathways for E-2 visa applicants? |
Not
Valuable at All - Extremely Valuable |
1.9 |
1.080 |
6 |
How likely are you to seek
additional information about the E-2 visa requirements after reading existing
Information? |
Very Unlikely - Very Likely |
3.0 |
1.436 |
7 |
To
what extent do you agree that there are sufficient resources available for
individuals interested in the E-2 visa? |
Strongly
Disagree - Strongly Agree |
1.8 |
0.962 |
8 |
How comprehensive do you find
literature that addresses all aspects of the E-2 visa program? |
Not Comprehensive at All - Extremely
Comprehensive |
2.0 |
1.097 |
9 |
How
confident are you in your understanding of the E-2 visa process after having
the available information without consulting any official? |
Not
Confident at All - Extremely Confident |
1.8 |
0.962 |
10 |
How satisfied are you with the
clarity of information provided in the literature regarding E-2 visa
requirements? |
Very Dissatisfied - Very
Satisfied |
2.3 |
1.168 |
11 |
How
helpful do you find literature that discusses the challenges faced by
Pakistani investors in obtaining the E-2 visa? |
Not
Helpful at All - Extremely Helpful |
2.2 |
1.165 |
12 |
How likely are you to
recommend literature that provides insights into the experiences of E-2 visa
holders? |
Very Unlikely - Very Likely |
4.3 |
2.368 |
13 |
How
relevant do you find literature that discusses the economic impact of the E-2
visa program? |
Not
Relevant at All - Extremely Relevant |
4.1 |
2.125 |
14 |
How well do you think
available information addresses the legal aspects of the E-2 visa application
process? |
Poorly - Very Well |
2.2 |
1.254 |
15 |
How
accurate do you believe that the information provided on the Internet
regarding the requirement of an E-2 visa? |
Not
Accurate at All - Extremely Accurate |
1.2 |
0.523 |
16 |
How likely are you to refer to
literature that provides insights into successful strategies for E-2 visa
approval? |
Very Unlikely - Very Likely |
2.5 |
1.246 |
17 |
How
satisfied are you with the level of detail available on the Internet about
the E-2 visa application process? |
Very
Dissatisfied - Very Satisfied |
3.3 |
1.556 |
18 |
How convincing do you find
arguments presented in the literature regarding the benefits of the E-2 visa
program? |
Not Convincing at All -
Extremely Convincing |
2.3 |
1.164 |
19 |
How
likely are you to rely on literature for guidance when navigating the E-2
visa application process? |
Very
Unlikely - Very Likely |
1.8 |
1.246 |
20 |
How relevant do you find
literature that discusses the cultural challenges faced by E-2 visa holders? |
Not Relevant at All -
Extremely Relevant |
3.4 |
1.610 |
21 |
How
well do you think the literature addresses the documentation required for the
E-2 visa application? |
Poorly
- Very Well |
1.8 |
1.047 |
22 |
How accurate do you believe
the information provided in existing literature regarding the Processing time
of an E-2 visa? |
Not Accurate at All -
Extremely Accurate |
2.5 |
1.246 |
23 |
How
confident are you in your ability to navigate the E-2 visa application
process after reading available literature? |
Not
Confident at All - Extremely Confident |
2.0 |
1.097 |
24 |
How likely are you to consult
a Visa Expert for guidance while preparing for E-2 visa interviews? |
Very Unlikely - Very Likely |
3.2 |
1.335 |
25 |
How
relevant do you find available information that discusses the potential
challenges of renewing E-2 visas? |
Not
Relevant at All - Extremely Relevant |
1.8 |
1.047 |
26 |
How well do you think the
literature addresses the investment requirements for the E-2 visa program? |
Poorly - Very Well |
2.9 |
1.558 |
27 |
How
likely are you to refer to literature for insights into maintaining E-2 visa
eligibility? |
Very
Unlikely - Very Likely |
3.1 |
1.658 |
28 |
How satisfied are you with the
comprehensiveness of the literature regarding the rights and responsibilities
of E-2 visa holders? |
Very Dissatisfied - Very
Satisfied |
2.0 |
1.179 |
29 |
How
valuable do you find literature that provides tips for navigating cultural
differences USA? |
Not
Valuable at All - Extremely Valuable |
2.0 |
1.179 |
When it comes to the information, our respondents have given their
remarks that the information available on the internet is mostly irrelevant,
and they have to consult officials who not only charge a huge amount but the
investor is at their mercy, the said person who is giving information, usually
shows the brighter side, whereas the negative aspects remain undiscussed/disclosed, although the E-2
has historical importance, and more than a million people have acquired the
visa from 1999-2024 still the information available is not up to the mark, some
of our respondents apprehended that they were totally unaware about the
negative aspects of the visa, wherein fund transfer procedure, necessary
documentations, visa advocacy are the major concerns. The available literature
focuses just on the American dream and economic situations in America, but when
it comes to Pakistani expatriates, it becomes a major concern that the
entrepreneur not only faces hurdles in acquiring the visa but also faces some
sort of discrimination due to religious beliefs and past terrorist aspects of
Pakistan, although the fact could not be neglected that due to the E-2 visa the
entrepreneur not only Contributes the economy of United States, their
remittance which comes to Pakistan also is a helping hand to stable the health
of the economy of both the countries. The respondents also showed concerns and
were astonished to see that, people who wanted to seek the E-2 visa consulted
them, for reason that the information available on the internet does not
fulfill the basic requirement for the process of an E-2 Visa, so moving forward
while concluding the results, here we have summarized the findings in graphical
representation.
Figure 1
Relation of Acceptance and Rejection of Statements
Discussion
The survey aimed to assess participants' perceptions regarding various aspects of information, availability, and quality of Information regarding the E-2 visa program ( Fatima, 2012). Overall, Survey responses reflect mixed sentiments among participants regarding information on the E-2 visa program. While many consider existing information moderately helpful, there's acknowledgment of room for improvement in its comprehensiveness and relevance. Opinions are split on the coverage of pros and cons, indicating a lack of consensus on information adequacy. While some feel somewhat informed about E-2 visa requirements, others feel inadequately informed, underscoring the need for more accessible and comprehensive resources. Satisfaction with the experiences of Pakistani investors in obtaining the E-2 visa is moderate. The perceived value of available information and likelihood of seeking additional information are also moderate, suggesting varying levels of perceived usefulness among participants. Although there's general agreement on sufficient resources, opinions on literature comprehensiveness are mixed, with some expressing dissatisfaction. Confidence in understanding the E-2 visa process without official consultation is generally low. Satisfaction with the clarity of information and perceived helpfulness of literature addressing challenges faced by Pakistani investors are moderate. However, there's a high likelihood of recommending literature on the experiences of E-2 visa holders, indicating its perceived value. Literature discussing the economic impact of the E-2 visa program is highly relevant and valuable. Overall, addressing identified gaps and inconsistencies can enhance information accessibility and effectiveness for individuals interested in the E-2 visa program.
Our study is limited due to sampling biases as our selection was of a limited number of populate, the subsequent responses of individuals and Likert scale responses could lead to suspect the biased Responses, although the single method approach could not capture the nuanced perspectives (Leech, 2010). The time-lapse could also be the factor wherein the study is limited. In such limitations future researchers could get an image but the need of further research is necessary to enlighten all the aspects of the E-2 visa thoroughly and elaborately.
Although the need to address the issues is highly anticipated, hence for the easement of the reader and the future entrepreneur who is willing to come on board the journey, we are mentioning the simple yet complete process of the visa for our reader.
Status to E2 while Residing in or out of the USA
To apply for changing the status to E2, a treaty investor who is currently residing in the U.S. under legal non-immigrant status—whether as an employee or citizen—can submit Form I-129. However, individuals physically outside of the United States cannot submit a Form I-129 request for E-2 classification. Those interested in non-immigrant visas overseas can find more information on the U.S. Department of State's official website.
Qualifications of a Treaty Investor
The treaty investor has to be a citizen of the treaty country, consecutively to be eligible for the E-2 category should possess or made a significant financial investment in a legitimate American business, or be actively in the process of making one; and be looking to enter the country purely with the intention of growing and running the investment business. This is proven by demonstrating that you own a minimum of 50% of the business or that has operational control, via a management role. The act of a treaty investor placing capital, such as money at risk in the context of commerce with the hope of making a profit is called an investment. The treaty investor is required to demonstrate that no money was gained via illegal means, either directly or indirectly. A significant amount of capital is compared to the whole cost of starting a new business or buying an existing one, Enough to guarantee the treaty investor's financial pledge to the enterprise's effective operation, for an investment to be deemed significant. Since the Quantum is not Specified, therefore a minimum amount should be described to carry out the financial investment capital required for entrepreneurs and some parts should also be facilitated by the US Government, in order to support the Pakistani Expats to stabilize themselves in the host country.
Marginal Enterprises
For a finance business to be classified as E-2, it can't be a small one. A marginal business is one that can't make enough money to give the treaty owner and their family the basics they need to live. In some cases, a new business that doesn't have any present income might still be able to get the E-2 classification, if it can show that, it can meet this requirement in the initial years of starting its journey to E2 Visa.
Qualification Needed for Employee of E2 Investor
An investor who has an established business and works under the umbrella of the E-2 Program could also call an employer from the Parent country, which comes under the E2- Employer Category. A number of requirements must be met by an employee of a treaty investor in order to qualify for E-2 classification. In the first place, they must be of the same nationality as the principal foreign employer, which is also a citizen of the treaty nation. Furthermore, in accordance with the legal definition of an "employee." The employee must either hold executive or supervisory responsibilities within the organization or possess unique qualifications. In the case where an enterprise or organization serves as the principal employer rather than an individual, a minimum of 50% ownership must be held by individuals residing in the United States who are citizens of the treaty country (Principle E2 visa Holder). In pursuit of U.S. admission, these proprietors must either maintain nonimmigrant treaty investor status or qualify for the Entrepreneur.
Period of Stay
Investors and workers who are qualified under the treaty will be able to stay for up to two years at first. Individuals can ask for extensions on their stay in E-2 status or a change to this status for up to two years to Five years at a time. A person with an E-2 non-immigrant visa can get as many renewals as they need.
E-2 Status Terms
The rules make it clear that E-2 treaty investors and workers must strictly follow the operations that were recently approved. An E-2 worker can work for the parent company or subsidiaries of the treaty organization, but they have to meet certain requirements, such as keeping their current job terms and showing they have the necessary executive, supervisory, or important skills. Any major changes in job terms, like mergers or acquisitions, need to be approved by USCIS. This means that a new Form I-129 must be filed with proof of continued eligibility. Changes that aren't very important don't need a new filing, but you can get more information from USCIS by sending them Form I-129. Also, labor disputes, like labor strikes in their company, which they are willing to establish in the USA, might make it harder for investors or workers to get E-2 status.
E2 Family and Employee Visas
Dependents of E-2 treaty investors and workers, such as spouses and children under 21 who are not married, can get E-2 nonimmigrant status, even if they are not from the same country. They can use Form I-539 to ask for this classification and to change their status or stay longer. Most of the time, wives of E-2 workers can work because of their status. In some regions, however, this is not the case for spouses of long-term investors. An unexpired Form I-94 showing E-2S nonimmigrant status, an unexpired Employment Authorization Document (EAD), or an EAD that looks like it has ended but has extra paperwork attached shows that the person is allowed to work. Some spouses may be able to get their EADs automatically extended, but only under certain situations and temporary final rules. For Form I-9 reasons, they can show proof of this extension to employers, such as Form I-94 and Form I-797C. Also, E-2 treaty investors or employees who move abroad usually get two years of automatic readmission when they come back to the U.S. This does not automatically apply to family members, though, unless they are with the investor or employee. So, family members must be aware of how long they are allowed to stay in the United States and ask for an extension if they need to in order to stay legally (Batalova, 2023).
Visa Processing
An application through the online portal should be forwarded by attaching all the relevant documents and a proposal of the business with a unique and innovative Business Idea, it is pertinent to mention here that the initial investment requires to purchase of any running business in the USA or shares of more than 50% of the enterprise which make the entrepreneur involved in making major decisions and overseeing day to day operations, having a clear vision of Business and answer to the queries, as how the said business could facilitate USA, each of the business proposals is subjected to hire any two US nationals in the proposed business.
Positive Aspect
The E2 Visa Generally facilitates, Pakistani investors, whereas the rejection ratio is greater due to poor business proposal, Lack of Funds, and non-satisfaction with the immigration officer presented at the visa Office could be reasons for the rejection. Whereas it offers an avenue for Pakistani entrepreneurs to invest in and operate a business within the U.S., facilitating economic growth and job creation in both countries. Additionally, this visa enables investors to live and work in the U.S. with their families, fostering cultural exchange and strengthening bilateral ties between Pakistan and the United States. Moreover, the E-2 visa provides investors with access to the vast U.S. market, allowing them to expand their business operations, access resources, and pursue new opportunities for innovation and growth. The dependents of the E2 visa Holder i.e. Family members are free to seek job anywhere else or get any education which is highly demanding in the entire world (Killawi, 2013), E2 Visa program is an excellent opportunity for both cultural awareness and economic endurance of both USA and the native country. However the fact could not be neglected that the USA being the topmost country of the world in various aspects i.e. Economy, Education, Man Power, Technology, etc, could be a helping hand to generate revenue. Moreover, it's an excellent opportunity to spread cultural and other diversity factors to the USA.
Negative Aspects
Pakistani investors, despite being eligible for the E-2 visa as Pakistan is a treaty country with the United States, still face several challenges and limitations in utilizing this visa option. These challenges include difficulties in identifying suitable investment opportunities in the U.S. market, meeting the financial requirements of the visa, and navigating geopolitical tensions and security concerns that may impact the visa application process ( Semotiuk, 2022). Additionally, Pakistani investors may find themselves in a temporary immigration status without a clear path to permanent residency or citizenship, which can create uncertainty about their long-term prospects in the United States. Cultural differences, business practices, and legal frameworks may also pose challenges for Pakistani investors when operating a business in the United States, requiring adaptation and navigation of unfamiliar regulations and customs ( Jibeen, 2011). Overall, while the E-2 visa offers Pakistani investors an avenue to pursue business ventures in the United States, they must contend with various hurdles and uncertainties throughout the visa process and during their stay in the country. Sometimes, due to unavoidable circumstances, the business proposed could not generate the revenue, that the investor thinks of, in such conditions, the individual entrepreneur could not seek any help from the government of the USA, in fact, there is no discussed remedy available to get the investor out from the default of Bankruptcy. Moreover, the investor is at liberty to seek help/loan from any private investor or Bank in the USA (Sun, 1996). Furthermore, the said visa could be renewed after the completion or expiry of visa tenure, but at stance, this visa falls under a non-immigrant visa, where an individual is not entitled to get citizenship, we could precisely categorize it to a visa category to promote commerce of both countries (i.e. the visa seeker country and Visa Issuer Country).
Conclusion
Our Article has made an initiative to enlighten the broader spectrum of E-2 Visa, where it was clearly found that the available information and literature do not answer the queries of an individual, who is willing to seek an E-2 visa, further exploration and detail probe is necessary in order to get a wider image of all the hidden factor as well as negative aspects of E2 Visa.
Recommendations
The findings disclose that an immediate need for awareness and access to accurate information is necessary. However as already stated the E-2 Visa is a non-immigrant visa and the investor i.e. entrepreneur who invests his large fair share earnings in the United States of America by purchasing and starting a business journey appears to be in the hands of uncertain, if his proposed business plan fails, due to Social, Ethical, Economics unrest, etc, other factors that could be the climatic change, due to which entrepreneur is left at the mercy of that host nation, for the reason that he then has to either exit from the country bear a hand, losing every single penny that he has earned in his own country moving toward the dream country. In such circumstances it is recommended that the individual who moved with all his asset to startup a business in USA should be after 2 years of time be given a shelter and security of immigration or the Green Card, which gives him the Satisfaction and supports him in managing to get through from the financial crises if any occurs to him, further if he is successful by establishing his business as per the desire and meet the criteria of USA then within a span of 3 years he should be given the passport along with his family in order to give him a mental Satisfaction that every penny that he has earned in his home country was worth spending instead invested in the host country and sense of fear that prevails into his mind from day 1, that he comes with his entire tax money into the host country with the dream to work with the freedom, with all the respect of economic, cultural, throughout country, which should also be considered as a reward of that country towards the hard work and the tax that he has paid to that country to contribute in the national integrity, sovergnity and uplifting of the host country, further the USA should introduce such immigration programs or make possible amendment in the visa policy so the E2 visa holder could apply for change his status from non-immigrant to immigrant one. It is also needed to call for researchers to research the topic to inform entrepreneurs regarding the E-2 Visa Program.
We wish to thank Mr. Honorable Ambassador, Donald Blome for giving us access to valuable data required for the E-2 Visa, through the official Website ( US, 2024). We would like to thank Mr. Abdul Hadi Murshid, who is working as a Law Officer in D-Robert Jones, who helped to gather the Immigration Laws, our sincere wishes are also to Mr. Shahid Lakho, who is currently working in Pakistan as an immigration Lawyer, these along with the Co-Author have help in the preparation of the article, gathering the data and Laws.
References
- International Organization for Migration. (2022). Annual Report 2022. https://worldmigrationreport.iom.int/wmr-2022-interactive/
- UCIS. (2024). E-2 Treaty Investor | UCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
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- Goldstein, R. S. (1989). Visa Alternatives for Foreign Investors Entering the US. Int'l Legal Prac., 14, 95.
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- Sun, C. (1996). The E-2 Treaty Investor Visa: the current law and the proposed regulations. Digital Commons @ American University Washington College of Law. https://digitalcommons.wcl.american.edu/auilr/vol11/iss3/4
- US. Embassy in Pakistan. (2024). https://pk.usembassy.gov
- International Organization for Migration. (2022). Annual Report 2022. https://worldmigrationreport.iom.int/wmr-2022-interactive/
- UCIS. (2024). E-2 Treaty Investor | UCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- Batalova, J. B. J. (2023, September 20). Top statistics on global migration and migrants. migrationpolicy.org. https://www.migrationpolicy.org/article/top-statistics-global-migration-migrants#:~:text=Of%20the%20280.6%20million%20international,for%20Children%20on%20the%20Move
- Cherry, T. J. (2017). The E—2 Treaty Investor Visa Dilemma: Violations Of Law And Limitations On Foreign Investment. American University Business Law Review, 6(1), 1 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3158054
- Goldstein, R. S. (1989). Visa Alternatives for Foreign Investors Entering the US. Int'l Legal Prac., 14, 95.
- Mohammadi, A., & Kazemi, H. B. (2021). The E-2 visa as a facilitator of international entrepreneurship: A conceptual framework. Journal of International Entrepreneurship 321-345.
- Bier, D. (2013). America still needs a true Entrepreneurship Visa - Competitive Enterprise Institute. https://cei.org/studies/america-still-needs-a-true-entrepreneurship-visa/
- Hassan, S., & Gould, J. A. (2013). Social capital and the economic mobility of Pakistani immigrants in the United States. Social Forces , 92 (1), 207-234.
- Costa, D., & Center, V. S. G. M. (2022). Second-class workers: Assessing H-2 visa programs’ impact on workers. Economic Policy Institute. https://www.epi.org/publication/second-class-workers-assessing-h2-visa-programs-impact-on-workers/
- Fatima, N. (2012). Emigration and Trade Creation in Pakistan – PIDE thesis. https://thesis.pide.org.pk/thesis/emigration-and-trade-creation-in-pakistan/
- Leech, S. R., & Greenwood, E. (2010, January 4). Keeping America competitive: A proposal to eliminate the employment based immigrant visa quota. Published in Government Law Review. https://www.albanygovernmentlawreview.org/article/23805-keeping-america-competitive-a-proposal-to-eliminate-the-employment-based-immigrant-visa-quota
- United States Citizen and Immigration Services. (2023). E-2 Treaty Investor Visa. Retrieved from https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- Killawi, Y. (2013). Preserving an Entrepreneurial America: How Restrictive Immigration Policies Stifle the Creation and Growth of Startups and Small Businesses. Ohio St. Entrepren. Bus. LJ, https://kb.osu.edu/dspace/handle/1811/78449
- Semotiuk, A. J. (2022, June 27). The E-2 Visa: The financial workhorse of U.S. immigration for foreign investors. Forbes. https://www.forbes.com/sites/andyjsemotiuk/2022/06/24/the-e-2-visa-financial-workhorse-of-us-immigration-for-foreign-investors/?sh=550c9e140705
- Jibeen, T. (2011). Moderators of Acculturative Stress in Pakistani Immigrants: The role of Personal and Social Resources. International Journal of Intercultural Relations, 35(5), 523–533. https://doi.org/10.1016/j.ijintrel.2011.04.002
- Sun, C. (1996). The E-2 Treaty Investor Visa: the current law and the proposed regulations. Digital Commons @ American University Washington College of Law. https://digitalcommons.wcl.american.edu/auilr/vol11/iss3/4
- US. Embassy in Pakistan. (2024). https://pk.usembassy.gov
Cite this article
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APA : Waheed, S., Tahir, M., & Jamal, M. A. (2024). "Navigating the E2 Visa: Blessing/Disguise for Pakistani Entrepreneurs". Global Regional Review, IX(I), 64-78. https://doi.org/10.31703/grr.2024(IX-I).06
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CHICAGO : Waheed, Shabana, Muhammad Tahir, and Muhammad Arif Jamal. 2024. ""Navigating the E2 Visa: Blessing/Disguise for Pakistani Entrepreneurs"." Global Regional Review, IX (I): 64-78 doi: 10.31703/grr.2024(IX-I).06
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HARVARD : WAHEED, S., TAHIR, M. & JAMAL, M. A. 2024. "Navigating the E2 Visa: Blessing/Disguise for Pakistani Entrepreneurs". Global Regional Review, IX, 64-78.
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MHRA : Waheed, Shabana, Muhammad Tahir, and Muhammad Arif Jamal. 2024. ""Navigating the E2 Visa: Blessing/Disguise for Pakistani Entrepreneurs"." Global Regional Review, IX: 64-78
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MLA : Waheed, Shabana, Muhammad Tahir, and Muhammad Arif Jamal. ""Navigating the E2 Visa: Blessing/Disguise for Pakistani Entrepreneurs"." Global Regional Review, IX.I (2024): 64-78 Print.
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OXFORD : Waheed, Shabana, Tahir, Muhammad, and Jamal, Muhammad Arif (2024), ""Navigating the E2 Visa: Blessing/Disguise for Pakistani Entrepreneurs"", Global Regional Review, IX (I), 64-78
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TURABIAN : Waheed, Shabana, Muhammad Tahir, and Muhammad Arif Jamal. ""Navigating the E2 Visa: Blessing/Disguise for Pakistani Entrepreneurs"." Global Regional Review IX, no. I (2024): 64-78. https://doi.org/10.31703/grr.2024(IX-I).06