Investors and Entrepreneurs
Investors in US companies may be eligible for E-2 Treaty Investor status. While it is called an “investor” visa or status, it might better be described as an entrepreneur visa. The E-2 visa process is designed for nationals of certain countries (which have signed a treaty with the United States) who wish to enter the United States to invest in and manage a business.
To qualify for an E-2 visa or status, the applicant must demonstrate that they have made a substantial investment in a bona fide enterprise in the United States. The investment must be sufficient to ensure the successful operation of the business, and the applicant must develop and direct the enterprise. The business should not be marginal, meaning it should have the capacity to generate more than just enough income to provide a living for the investor and their family.
The process begins with an initial consultation to assess eligibility, followed by the preparation of a comprehensive application package. This package typically includes forms such as the DS-160 and DS-156E, a cover letter explaining how the applicant and the business meet the E-2 requirements, and supporting documents like a business plan, financial statements, and evidence of the investment. The application is submitted to the appropriate U.S. consulate or embassy, where the applicant will attend an interview, or to USCIS. Immigration officers will review the application to ensure compliance with the visa requirements, and they may request additional documentation or clarification.
Once approved, the E-2 visa allows the investor to live and work in the United States to manage their business. Spouses of E-2 visa holders may accompany the primary applicant and receive work authorization. Children may accompany a parent with E-2 status and may attend school without a student visa, up to age 21. The visa is typically granted for an initial period, which varies depending on the country of origin, with the possibility of extensions as long as the business remains operational and the investor continues to meet the visa requirements.
It is important to note that while the E-2 visa provides a pathway to live and work in the United States, it does not directly lead to permanent residency. However, E-2 visa holders may explore other immigration options, such as the EB-5 investor visa, if they wish to pursue a green card.
For more information or to schedule a consultation to evaluate whether an E-2 application is right for you, please contact us.