E-2 visa requirements for treaty investors
If you are not a national of a treaty country, you will not be able to apply for the visa. Apart from this, there are several other requirements that you need to comply with. They include the following:
How Much You Have to InvestThere is no stipulation as to exactly how much you must spend in order to qualify for the E-2 visa. However, it is expected that your investment must be substantial. In order to determine if your investment is substantial, the consular officer would usually use the proportionality test.
This test basically assesses how much you have invested compared to the cost ordinarily involved in starting the enterprise you have invested in. For instance, imagine you are interested in starting a retail store and the cost involved is $100,000. If you invest $90,000 or more, your investment is said to be substantial.
However, if you are opening a business that needs more capital, you will be required to invest a lesser amount in proportion to the cost of the enterprise.
- For businesses requiring an investment of less than $500,000 you need to invest 85% to 100% of the funds prior to filing
- For businesses requiring between $500,000 to $3,000,000, 50% investment should be sufficient.
- For businesses greater than $3,000,000, 30% can be considered substantial.
It is also expected that your investment be sufficient to show your commitment to the success of the business.
When You Have to InvestThe consular officer must see that you have irrevocably committed your funds and assets to the enterprise. This means that you must have sufficiently invested in the business so that it is close to being operational at the time of filing.
You can show this commitment by providing evidence of what you have spent and what you spent it on. However, it*s not necessary that you must have spent all of your investment at this point. It is enough to show that the funds are in escrow and will be released once your E-2 is approved.
Proof of Your InvestmentYou must prove your source of funds to the consular officer. You can do this by showing that the invested funds are part of your income, gifts or inheritance. You must also prove that the investment came from lawful sources.
Documents You Need To SubmitYou would need to submit several documents including
- those that show your business expenses like receipts, vendor contracts and invoices;
- those that show your source of funds like your pay slip, a gift letter or evidence of sale of real estate;
- miscellaneous documents like your business plan and passport