The Basics Of E-2
The Immigration and Nationality Act provides Treaty Investor (E-2) nonimmigrant status for a national of any of the countries with which an appropriate treaty of commerce and navigation exists.
An individual who wishes to go to the United States to carry on substantial trade, principally between the United States and their own country, may apply for a treaty trader visa (E-1), whereas, someone who is going to the United States to develop and direct the operations of an enterprise in which they have invested or are actively in the process of investing a substantial amount of capital is able to apply for a Treaty Investor visa (E-2). The category is popular because it is not necessary to maintain a business outside the United States, and it can be renewed indefinitely.
Requirements For E-2 Treaty Investor Status
The E-2 category is for people coming to the United States to develop and direct the operations of an enterprise in which an investor has already invested, or is actively in the process of investing, a substantial amount of capital.
To qualify for an E-2 visa, one must establish the following:
- Requisite treaty exists;
- Individual and/or business possess the nationality of the treaty country;
- Applicant has invested or is actively in the process of investing;
- Enterprise is a real and operating commercial enterprise;
- Applicant's investment is substantial;
- Investment is more than a marginal one solely for earning a living;
- Applicant is in a position to "develop and direct" the enterprise;
- Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States; and
- Applicant intends to depart the United States when the E-2 status terminates.
Eligibility Criteria For E-2 Visa In The US
The following article will cover:
- The flexibility of the E-2 visa, which allows entrepreneurs to establish various types of businesses, including franchises, without restrictions on the business industry or sector.
- The absence of a specified investment amount for the E-2 visa, with the required investment being proportional to the type of business and startup costs.
- The ability of E-2 visa holders to bring their dependents to the United States, regardless of their dependents' nationalities.
What Are The Types Of Businesses And Investments That Are Eligible For An E-2 Visa?
One of the key features of the E-2 visa is its versatility. It does not impose any restrictions on the type of business you can establish. Whether you're envisioning a tattoo parlor, a trucking company, a service-based industry like HVAC and home services, or buying an existing business such as a franchise, you have the freedom to pursue any business venture that aligns with your interests and skills.
(On this note, it should be mentioned that opting for a franchise can be particularly appealing as it eliminates some of the stress of starting from scratch due to the support system and existing business operations provided by the franchisor.)
In any case, when it comes to the amount of your investment, there's no specified figure in the regulations. Unlike other investment visas like the EB-5 which stipulates a particular investment amount, the E-2 visa operates differently. The amount you'll need to invest is largely contingent on the type of business you intend to start or buy.
For instance, if your entrepreneurial ambitions lead you to start an electric car manufacturing company, this is a high-cost venture, necessitating a substantial investment. On the other hand, initiating an online marketing company would require significantly lower startup costs.
The U.S. Immigration Service and the Department of State apply the "proportionality test" to determine if the investment is substantial enough for the proposed business. While the amount required isn't set in stone, as an immigration attorney, we ensure your investment meets the expectations of this proportionality test.
Even if your startup isn't particularly capital-intensive, a smaller investment can suffice. The crux of the matter is that your investment size should align with your business type and the associated startup costs.
Is There A Minimum Investment Required For The E-2?
While there's no legally defined minimum investment amount for the E-2 visa, the general consensus among E-2 lawyers is an investment of at least $100,000. There have been cases of approval with investments significantly lower than $100,000, but an investment below this amount will require a higher degree of strategy and planning from you and your E2 visa attorney.
How Long Is That Initial Period Of Stay Granted Under The E-2 Visa?
The length of the initial stay granted under the E-2 visa varies from country to country. It's determined by the treaty or law between the United States and your home country – the treaty country. The granted stay can range from a few months to up to five years, as is the case for Canada.
Can An E-2 Visa Holder Bring Their Dependents To The United States?
Yes, an E-2 visa holder can indeed bring their dependents to the United States. After receiving E-2 visa approval, they can apply to bring their spouse and children. It's important to note that the nationality of the spouse and children does not need to match the nationality of the treaty country. As long as the principal visa holder has E-2 approval, their dependents can accompany them regardless of their nationalities.
Can E-2 Visa Holders Work For Or Invest In A Business Other Than The One They Initially Invested In On E-2?
The principal E-2 visa holder is not permitted to work for a company or invest in a business other than the one they were initially approved for on the E-2 visa. However, their dependents can work without being tied to the E-2 business. For more information on Eligibility Criteria For E-2 Visa In The US, an initial consultation is your next best step.
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