On an E-2 investor visa in the USA, I have to start or buy a business. Do I need to employ Americans, or can I operate as a sole trader as long as I am making a reasonable living?
Thank you for posting your question.
You are correct that as an E-2 investor, you are required to either start your own business or purchase an existing business (i.e. invest in the U.S.). One of the main requirements of qualifying for an E-2 visa is satisfying the 'marginality' requirement - i.e. that the investment is more than a marginal one solely for earning a living. Therefore, you need to have employees - whether they are U.S. citizens, Lawful permanent residents, etc.
I hope the above addresses your question.
Should you have any other questions regarding E-2 visa requirements, please feel free to contact our office for a detailed consultation. Our consultation would include discussing the viability of prospective businesses that you may consider purchasing for E-2 investment purposes as well as addressing any questions/concerns you may have regarding the E-2 visa application process.
Nisha V. Fontaine, Esq.
Serotte Reich Wilson, LLP
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