October 30, 2024
The United States has long been called the land of opportunity. The U.S. immigration policy includes options for those who wish to invest in companies that are based in the United States. The E2 visa empowers entrepreneurs with the ability to operate a business in the U.S. Entrepreneurs from other countries can greatly increase their businesses by operating in the United States. An experienced immigration attorney will guide you through the process and make it simpler to seek an E2 visa.
What is the E2 Visa?
The E2 visa is a non-immigrant visa designed specifically for U.S. business investors from treaty countries. The E2 visa is an option for employers and employees who meet the qualifications for the treaty investor visa. The E2 visa is also called a treaty investor visa. This type of visa is for investors from countries who maintain a treaty of commerce and navigation with the United States. E2 visas are considered temporary and do not offer a pathway to citizenship.
Benefits of the E2 Visa
The E2 visa offers some important benefits that are appealing to entrepreneurs who wish to do business in the United States.
- Open and operate a business enterprise in the U.S.
- No minimum investment requirement (must be considered substantial)
- Family members qualify for visas
- Unlimited extensions available
- No requirement to maintain a foreign residence
- Unrestricted travel
The E2 visa allows the investor to live and work in his or her business in the United States. The investor’s immediate family, including spouse and minor children under age 21, can live in the United States. This means the children can go to school in the U.S. It is easier to travel in and out of the U.S. when you have an E2 visa. The initial investment amount is limited only to the amount necessary to open and run the business.
Eligibility for an E2 Visa
There are some basic eligibility requirements that an entrepreneurial investor must meet to obtain an E2 visa. The requirements include:
- Applicant be a resident of a treaty country
- Investment must be substantial
- Company must be real and operating
- Investor must have control of investment funds
- Investment must be “at risk”
- Investor must intend to develop the company
- The company must be more than marginal
An applicant must be a resident of a treaty country. A treaty country is one that currently has a treaty in place with the United States. The U.S. Department of State provides a current list of treaty countries for reference. You should check the list because it is updated annually.
The investor must show that their investment is substantial. The investment must be substantial in proportion to the total value of the company based on similar enterprises, or the investment must be the typical amount necessary to start a similar new business. An at-risk investment generally should be less than half the total value of the business.
The investor must own an actual business that is operational. The investor may show that they have the necessary incorporation, licenses, permits, and inventory, as well as a business plan in place. Other types of proof of an operating business include bank statements, receipts from inventory suppliers, and evidence of employees or contractors. The business cannot be an investment for the sole purpose of providing the investor with his own employment. The business must create jobs for Americans either through direct employees, contractors, or third parties.
The investor must have a controlling interest of at least 50% in order to maintain an E2 visa. If the controlling interest drops below that amount, the E2 visa may no longer be valid. Therefore, it is imperative to ensure that the E2 visa applicant is always kept at a control of at least 50% at all times.
Nationality Requirement
It is important to note that the USCIS has recently imposed some changes to the E2 treaty country verification process. The applicant may be required to provide additional proof or documentation of their nationality. The applicant must be able to prove that they resided in the treaty country for a period of at least three continuous years prior to submitting the application. An immigration attorney will assist you in learning the documentation you must gather to provide proof to the United States Citizenship and Immigration Services (USCIS).
E2 Visas Are Empowering for Entrepreneurs
The E2 visa offers exciting opportunities for international entrepreneurs. Entrepreneurs must have a real business that they want to open in the United States. A business plan is a good way to show that the entrepreneur has a serious business that will provide employment for a number of Americans. The plan may also show the intention for growth over a period of time. A strong business plan will be useful as proof of the enterprise and offer information on the potential of the company in the United States.
An E2 visa is an option that may offer some entrepreneurs the ability to work with an existing company or invest in a new company that will allow him or her, as well as the immediate family, to live in the United States. There are opportunities for entrepreneurs to utilize the E2 visa in a creative way as they are able to bring their business dreams to fruition in the United States. It is helpful to note that a spouse in the U.S. on an E2 visa may work while in the United States.
Guidance for E2 Applicants
The E2 visa offers entrepreneurs wonderful opportunities in the U.S., but the process can seem complicated. A qualified immigration attorney will answer your questions and help you through the steps necessary to apply for an E2 visa. The E2 visa does not have any numerical limitations, so if you meet the qualifications, you can apply. To learn more about the E2 Treaty Investors visa, contact us online or by phone at Ibrahim Law Global at (708) 584-3043 to schedule a consultation with our experienced team.
