E2 Visa Overview
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.
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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.
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.
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What Are The Best US Visas For Immigrants, Entrepreneurs, And Investors To Consider?
As an immigrant entrepreneur or investor looking to move to the US, it’s important to consider different visa options. The E-2 visa often stands out as the most accessible and popular choice. The primary reason for its popularity is the relatively smaller capital investment required compared to other visas.
While other investment visas demand large capital inputs, often exceeding a million dollars, the E-2 visa is a more attainable option. It’s also unique in that it does not necessitate the creation of a specific number of jobs. Unlike other investment visas requiring the creation of at least ten or more full-time positions, the E-2 visa has no such stipulation.
Moreover, the E2 visa does not require the applicant to have a physical brick-and-mortar office space. These features make the E-2 visa notably more accessible and thus an excellent option, particularly for those intending to launch a startup.
Is There A Minimum Investment Required For The E-2?
How Long Is That Initial Period Of Stay Granted Under The E-2 Visa?
Can An E-2 Visa Holder Bring Their Dependents To The United States?
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.
Which Countries Are Eligible For The E-2 Visa Status?
Not all countries qualify for the E-2 visa. This visa is exclusively available to individuals who are citizens of a treaty country. A treaty country refers to one that has an established treaty of commerce or navigation with the United States. Currently, there are over 60 such countries.
To check if your country is on the list, visit the Department of State’s website where you will find a comprehensive list of eligible countries. This is a crucial preliminary step toward qualifying for the E-2 visa.
Your eligibility is determined by the country of the passport you hold. Thus, your passport’s nationality becomes your country of nationality for E-2 visa purposes.
What Are Some Of The Most Basic Requirements For Obtaining An E-2 Visa?
Acquiring an E-2 visa involves meeting some fundamental requirements. Primarily, you should hold the nationality of a treaty country. Additionally, you must be in the process of or have already made a significant capital investment in a US-based business.
Contrary to what some believe, simply depositing a large sum of money in a US bank account does not qualify as a valid investment for this visa. Instead, the invested funds must be actively engaged in the running of a business. You should have already allocated the funds towards business operations such as purchasing furniture, securing a lease, or procuring assets like vehicles. This is a critical aspect of the E-2 visa requirement, as it involves demonstrating that your investment is at risk.
Can An Individual Apply For The E-2 Visa If They're Already In The States On Another Visa?
Yes, it is possible to apply for an E-2 visa while already in the United States on a different visa. However, it’s essential to understand that this course of action is not typically recommended unless you have no other options. The reasoning behind this advice is that when you apply for an E-2 visa from within the United States and get approval, you only receive E-2 status, not an actual E-2 visa.
The critical difference lies in travel privileges. An E-2 visa, like other visas, serves as an entry document to the United States. Without it, if you leave the country for any reason, you will lose your E-2 status and be unable to re-enter.
Despite this, some individuals in the US on different visas such as tourist or student visas may choose to apply for an E-2 visa from within the country. It’s worth noting that this route usually incurs more costs and comes with the significant drawback of not receiving an actual E-2 visa, especially if you have frequent travel needs. For more information on Best US Visas For Immigrant Entrepreneurs, an initial consultation is your next best step.
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Starting or expanding your business in the U.S. is a bold step—and you don’t have to do it alone. At Veritas Immigration Law, we offer personalized support for immigrant entrepreneurs and investors navigating the E-2 visa process. From eligibility to application, we’re with you every step of the way.
Call us at (305) 384-6889 or use our online form to schedule your consultation and take the next step toward your American dream.
