How Much To Invest For The E-2 Visa
When it comes to the E-2 Visa, the million-dollar question is how much capital applicants should invest. Primarily since the investment guidelines for this visa category does not set an amount the U.S. Government will consider sufficient. In the past, investments as low as $25,000 have qualified.
Defining “Substantial”As stated earlier, there is no minimum investment amount that will qualify for the E-2 Visa. Instead, whether an investment qualifies is determined on a case-by-case basis, as every business is different and, therefore, every business has different needs. Whether an amount is sufficient depends on:
1. The type of business the applicant will be running, and
2. The cost of turning the E-2 business into an operational enterprise.
When it comes to the E-2 Visa investment requirement, the word “substantial” comes up very often. The U.S. government uses an elaborate series of tests to determine whether an E-2 investment is “substantial.”
If you are planning to start a new business from scratch in the United States, your E-2 investment must be sufficient to ensure your business can operate successfully. For your investment to be sufficient entails that your E-2 investment must cover all costs of establishing the market and begin operations within a reasonable timeframe.
On the other hand, if you are planning to purchase an existing business, if you purchase fair market value, your investment is likely to be considered substantial. However, the nature of the company remains an essential factor that the USCIS will take into account.
The Problem with Low Start-up AmountsSome businesses require lower investment amounts. However, when it comes to the E-2 Visa, low startup expenses can hurt your chances of approval because only actual expenses of the E-2 business will count towards the investment.
While a shoestring budget can be great for many startup founders, it probably will not be enough if you are a foreign investor looking to obtain an E-2 visa. The smaller the investment, the harder it is to prove it will be enough to ensure the E-2 business becomes operational and hires U.S. workers. The more significant the investment, the higher your chances of obtaining your E-2 Visa. This is why it is often a good idea to:
1. Get employees and co-founders on board early;
2. Prepay your lease and your suppliers; and
3. Include intellectual property assets when calculating the E-2 investment amount.
The U.S. Government Will Ultimately Decide How Much is SufficientConsular officers and the USCIS generally have much flexibility when it comes to approving or denying E-2 Visas. Typically, some consulates are more stringent than others when it comes to deciding whether an E-2 investment is substantial. While some investors have been granted E-2 Visas after investing only $25,000 into their E-2 businesses, the U.S. government will ultimately determine whether your investment qualifies.
However, this should not discourage you. There are some things you can do to improve your chances of meeting the E-2 Visa investment requirement. The first step you need to take is to hire an experienced immigration attorney to help you prepare your E-2 Visa application.
Jurado & Farshchian, P.L. can help you. Give us a call today at (305) 921-0440 or send us an email to [email protected] or via WhatsApp https://wa.me/13059210440 to learn more about our services and schedule an initial consultation with one of our E-2 Visa experts.