An E-2 treaty investor visa can be a great option for a person who wants to run a business in the United States–either by buying an existing business or by starting up a new enterprise.. Meeting the requirements, however, involves more than buying or starting a company and transferring money. At the Law Office of Randall Chamberlain, we help entrepreneurs demonstrate how their investments and businesses satisfy US immigration requirements by evaluating their circumstances and preparing documentation to support their E-2 applications.
What Is an E-2 Visa?
The E-2 visa is a nonimmigrant visa available to qualifying treaty investors. It allows eligible foreign nationals to enter the United States to develop and direct a business in which they have invested or are actively investing substantial capital. Because it is a nonimmigrant classification, applicants must also intend to depart the United States when their E-2 status ends. In some circumstances, investors who already lawfully in the United States may also be able to apply for a change to E2 status to run their businesses without leaving the US to apply for a visa at a consulate.
What Are the Main E-2 Visa Requirements?
Entrepreneurs generally must satisfy several requirements.
Nationality of a Treaty Country
The investor must be a national of a country that has the required treaty or qualifying agreement with the United States. The Department of State maintains the current list of E-2 treaty countries.
A Substantial Investment
There is no universal dollar amount that automatically qualifies as a substantial investment. Instead, immigration authorities consider the amount in relation to the cost of purchasing or establishing the particular business. The investment must be large enough to demonstrate the investor’s financial commitment and ability to make the business successful. For more detail on investment amounts, take a look at our page here.
Funds Must Be Committed and at Risk
Simply keeping money in a bank account is generally insufficient. The capital must be irrevocably committed to the business and placed at commercial risk. Some examples include payments for business premises, equipment, inventory, licensing, insurance, or other operating expenses, but this is by no means an exhasutive list.
The Business Must Be Real and Operating
The E-2 enterprise must be an active commercial undertaking that provides goods or services for profit. A passive investment alone generally does not satisfy this requirement.
The Business Cannot Be Marginal
The enterprise generally must have the present or future capacity to generate more than minimal income for the investor and the investor’s family or otherwise make a significant economic contribution. This generally means that the business must expect to make a substantial profit within five years.
The Investor Must Develop and Direct the Business
An entrepreneur must exercise control over the enterprise. USCIS states that this may be demonstrated through at least 50% ownership or another form of operational control. The applicant must also be actively involved in running the business, not a silent partner.
Our Immigration Lawyer Can Assist with E-2 Visa Applications
An E-2 visa can give qualifying entrepreneurs an opportunity to build and manage a business in the United States, but approval depends on demonstrating that both the investor and the enterprise satisfy all of the requirements.
Business plans, investment records, ownership documents, financial information, and proof that funds have been committed can all play an important role. If you are considering investing in a U.S. business, The Law Office of Randall Chamberlain can review your plans, identify potential E-2 issues, and help prepare an application that clearly presents your eligibility.
Contact our office today to schedule your consultation.
Related Page : https://rcimmigrationlaw.com/us/investors-and-entrepreneurs/