Learn If You Meet The E-2 Visa Requirements
The E-2 Treaty Investor Visa, known simply as the E-2 Visa, permits foreign investors to enter and stay in the U.S. for the purpose of starting or managing their business.
A Rundown of the E-2 Visa RequirementsTo be approved for the E-2 Visa, you must meet all the following criteria.
You must be the National of an E-2 Visa Treaty Country
The E-2 Visa is available only to individuals whose country of origin maintains a treaty of commerce and navigation with the U.S. For a complete and up-to-date list of qualifying countries, please visit www.jflawfirm.com/e-2-visa-countries.
Be advised that being from a country that is a major economic or trading partner with the U.S. does not necessarily correlate with having the requisite treaty. For example, nationals from Albania and Togo are eligible for the E-2 Visa since their countries maintain treaties of commerce and navigation with the U.S., yet nationals from China and India—among the world’s largest economies—do not qualify as no such treaties have been signed.
The Investment Must Be SubstantialWhile there is no minimum amount of money that must be invested, E-2 Visa applicants must prove that the proposed investment is “substantial”, in that it is sufficient fulfil the growth, expansion, or operation of the business. Generally, at least $100,000 will be enough to qualify, but the investment amount must also make sense for the type of business.
You Must Be Personally and Financially Liable for the InvestmentThe chance of losing some or all your funds is an integral characteristic of any investment. As an investment visa, the E-2 thus requires applicants to prove their funds are fully committed to the E-2 enterprise, so that if the business fails, you will lose some amount of investment capital. Even if the funds are being gifted, they must be in an account under your name or that you otherwise control.
The Business Must be a Bonda Fide Enterprise You Develop and DirectThe E-2 Visa allows you to invest for the purpose of starting a new business or to acquire an existing one. However, the business must be active, profit-making, and provide a tangible good or service. To substantiate these requirements, you should submit documentation such as financial statements, tax returns, and lease agreements, to name a few examples. In the case of new businesses being set up with the E-2 Visa, you must provide a credible and detailed business plan that projects how the business will grow.
Moreover, your relationship to the enterprise cannot be passive or secondary: you must develop or direct the enterprise.How Jurado & Farshchian, P.L. Can Help You Meet the E-2 Visa Requirements.