The Most Common Misconceptions About the E-2 Visa
The E-2 Visa is one of the best choices for foreign nationals seeking a commercial investment opportunity in the United States. However, given the sheer complexity and opaqueness of the U.S. visa system, many foreign nationals understandably have misconceptions about what the E-2 Visa requires.
Any Foreign National Can QualifyWhile some visas are available to qualified individuals of any nationality, the E-2 Visa is not one of them: only the citizens of so-called *Treaty Countries* that have signed a commerce and navigation treaty with the U.S. can apply. You can find a convenient, a list of the qualifying countries here: www.jflawfirm.com/e-2-visa-countries.
The E-2 Visa Investment Must Be MassiveAlthough the E-2 Visa does require a *substantial* investment in a U.S. enterprise, this is not defined by any specific dollar amount, nor does it necessarily have to be six figures. In fact, depending of the type of business an investment of at least $50,000 can be sufficient to meet this requirement, if it is large enough to make an impact on the expansion, operation, or success of the business. You will need to present evidence that your proposed investment will be substantial about the needs and goals of the business. Our attorneys can help you draft a clear and comprehensive plan that will better your chances of meeting this crucial qualification.
The E-2 Visa Can Be Used for Any BusinessWhile the U.S. provides plenty of opportunities to businesses of all shapes and sizes, as an E-2 Visa applicant, your enterprise will be subject to several specific requirements. For starters, the business must be legally registered in the U.S. and be actively operation; if you are applying to the E-2 Visa to invest in a new business, you must present a credible plan showing how you will establish one. The enterprise must also be for-profit and non-marginal, meaning that it should produce enough revenue to support other personnel besides you and your family. Finally, you must play an active role in the day to day operations of the business. Passive investments such as buying stocks will not cut it.
The E-2 Visa is Too Difficult to ObtainIt is certainly true that the U.S. visa system is notoriously difficult to navigate, and even qualified candidates have difficulty meeting the requirements and completing the application process.