E-2 Visa: Essential Requirements

THE E-2 VISA HAS RECENTLY BECOME THE STAR VISA FOR INVESTORS AROUND THE WORLD WHO WANT TO IMMIGRATE TO THE UNITED STATES WITH THEIR FAMILIES AND ESTABLISH THEIR OWN BUSINESS. THIS IS MAINLY BECAUSE THE INVESTMENT REQUIRED IS SUBSTANTIALLY LESS THAN THE $900,000 OR $1,800,000 REQUIRED FOR THE OTHER INVESTOR VISA, THE EB-5.

Now, what are the essential requirements to successfully apply for an E2 visa? For the purposes of making an analysis that is easy to understand, we will divide the requirements by business and petitioner.

Business requirements:

1. Nationality: At least 50% ownership of the company must be held by a national of a country that has an E-2 treaty with the US. See the updated list of qualifying countries by clicking HERE.
2. Active investment: The investor has invested or is actively in the process of investing funds that will be irrevocably committed to the business and are not derived from criminal activity.
3. Real and operating business: The business must be real and operating and must offer goods or services, complying with the legal requirements to conduct that type of business in the U.S. jurisdiction where it is planned to be conducted. Example: If a person wants to form a law firm in New York and work as a lawyer, he/she must obtain a law license from the New York Bar.
4. Substantial investment: The immigration laws do not specify a minimum amount of investment. However, they do state that it must be “substantial and commensurate” with to the cost of the business. For example, if a person wants to open a space shuttle factory, he must invest several million dollars. But if he wants to open a restaurant, the investment will be much less.
5. In addition, the investment should be sufficient to guarantee the financial commitment necessary for the success of the business.
6. The investment must not be marginal to the investor, in the sense that it must have the capacity to generate sufficient income to provide for the investor and his family – or the employee and his family. Or it must have the present or future capacity -within the term of 5 years- to generate a significant economic contribution.

Applicant Requirements:

1. Nationality: The investor must be a national of the country that has an E2 trade agreement with the US. If one wants to hire a manager or essential employee on an E-2 visa, they must possess the same nationality as the investor. This requirement does NOT apply to dependents (spouse and unmarried children under the age of 21).
2. Intention to return to his/her country: The applicant must clearly express his/her intention to return to his/her country once his/her E-2 status ends. Of course, it should also be noted that the E-2 visa can be renewed indefinitely as long as the business continues to operate.

If you are interested in learning more about this visa or other ways to live in the U.S., contact us at +1 (213) 278-4073 or at info@dgo.legal to schedule your consultation.

***

This website and its blog constitute advertising for lawyers. Do not consider anything on this website or blog as legal advice and nothing on this website constitute the formation of an attorney-client relationship. Reserve a consultation with us before acting using any information you read here. Past results are not guarantees of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.