Confirm Home Country Has Investment Treaty with the U.S.
Foreign nationals from countries with investment treaties with the United States may still obtain a visa to live and work in the United States by either investing in a business in the United States (E-2 visa) The requirements of the E visa may be found in A?101(a)(15)(E) of the Immigration and Naturalization Act; 8 U.S.C.A. A?1101(a)(15)(E). Germany, Italy, Switzerland, United Kingdom, Taiwan, Pakistan, Iran, Japan and Australia are just some of the countries that have treaties with the United States.
Confirm Majority Ownership Meets Requirements
Majority ownership or control of the investing Company must be held by nationals of the foreign country. The E visa category may be used by various types of companies, whether owned by individuals or large multinational corporations, and may be used by the company's principals or by its employees. Although the E visa is considered a non-immigrant visa, unlike other nonimmigrant visas, it may be renewed indefinitely and the E visa holder may apply for a green card through the business supporting the E visa.
Confirm "Substantial" Investment Requirements
The E-2 or Investment visa is available for investors in a new or existing U.S. business. The investor must play an active role in the development and direction of the business. As with the E-1 visa, the E-2 investor must show that a "substantial" investment or funds are available and committed to the investment. Again, the "substantial" requirement is determined on a case by case basis. Investment in a manufacturing plant would require a higher dollar investment than investment in a consulting business, which may simply require a computer, facsimile and a telephone.
Confirm every employee or principal of the company seeking E visa status must be a citizen of the foreign country where the company is based.