Get Your E-2 Visa and Enjoy the Opportunities that Await You

Of the many different visa classifications available in the U.S., the E-2 Visa, also known as the Investor Visa, is among the best options for foreigners wishing to establish a business in America. With a large and dynamic economy, the U.S. is an attractive destination for business owners and entrepreneurs from all over the world. In an increasingly globalized world, doing business abroad may offer the next big opportunity for your company. Here are some of the key details you should know about this visa and how it can open doors for you in the U.S.

An E-2 Visa is Not a Path to a Green Card

The E-2 falls under the category of a nonimmigrant visa, meaning it is for individuals who will only be in the U.S. temporarily. However, it can offer a potentially long stay: applicants can be approved for up to five years, and as long as the business you operate remains running, the E-2 can be renewed in perpetuity. If you do qualify for a “green card” — a catch-all term for several visas that provide permanent legal residence — you should consult with an immigration attorney to determine the best course of action.

Only Certain Nationalities Are Eligible for an E-2 Visa

The E-2 Visa is available only to the nationals of countries that have signed treaties with the U.S. You can see the list of eligible countries on the Department of State website. They range from most of Western Europe, to countries as diverse as Iran, Oman, Mongolia, and Togo.

The Business Should Hire American Employees

The E-2 Visa is intended to support “substantial” investment and business activity in the U.S. to benefit the economy. One of its requirements is that the applicant provides a credible, long term business plan that details how their activity will support not just themselves, but several employees (there is no required number). If the business is intended or able to only support the visa holder and his or her dependents, it is classified as “Marginal” and disqualified from receiving an E-2. So make sure your plan leaves room for employing U.S. workers in the future.

There is No Minimum Investment Amount

Unlike the EB-5 Visa for which it is often confused, the E-2 Visa does not require applicants to invest a particular amount of money in the U.S. This is one of the key reasons why it is a popular choice for startups and small business owners.

You Can Borrow Money for Business Purposes

In addition to placing no restrictions on the investment amount, the E-2 Visa allows you to take out loans and receive gifts for your business — provided it is not over leveraged.

Any Type of Business is Allowed

As long as it is an active and for-profit entity, you can pursue any sort of business with an E-2 Visa, from retail and hospitality, to professional or financial services. The business can be created in the U.S. or purchased from an American owner. However, passive investments, such as real estate or stock ownership, do not qualify.

You Can Bring Your Family

Not only does the E-2 Visa allow you to bring a spouse and non-adult dependents, but your spouse is eligible to work in the U.S. upon qualifying for an Employment Authorization Document (EAD). This is in contrast to many other nonimmigrant visas that do not allow spouses of applicants to be gainfully employed.

An E-2 Visa is Best Obtained With the Help of An Attorney

Like nearly all matters having to do with U.S. customs and immigration, the E-2 Visa is complicated. In addition to the documentation requirements, you must deal with immigration officials and a bureaucratic process that can span several months.