Requirements for an E-2 Visa

The E-2 visa is the ideal non-immigrant visa for investors who are looking to either purchase an existing US business or start a new one. The various documentations you need to get and other requirements for an E-2 visa are quite extensive and subject to frequent change. So, you should meet with an immigration lawyerbefore deciding to apply for one.
The following are some of the requirements for an E-2 visa you need to fulfil.
The E-2 Visa Investment Must Be Substantial
Presently, there is no specific limit used to determine whether or not an investment is substantial. What is required is that the funds are substantial enough to ensure that you will be committed to the success of the business. If the funds you want to invest is a negligible sum, it could be taken that since it is an amount you can afford to lose, then it is not substantial.
Also, in order to determine if an investment is substantial, the investment amount has to be a huge chunk of the amount required to make the business a viable one. This means that capital intensive businesses would require a more substantial sum compared to other types.
So, you can’t offer to invest $50,000 if you want to invest in a car manufacturing plant. However, that sum could be considered substantial if you want to invest in a restaurant.
The E-2 Visa Investment Should Not Be Marginal
A marginal investment or business is one that can only take care of your needs and the needs of your family. So, the returns you expect from your investment have to be significantly more than you would need to take care of your family.
When determining this, you should consider the median family income in the area where you want to invest. For instance, in Florida, the median family income is $60,000. This means that the returns you get from your business have to be significantly more than this.
The E-2 Visa Investment Should Be An Active One
The type of investment should be one that gives active income and not passive income. This means that you need to personally direct the day to day affairs of the business in conjunction with members of your staff. Passive investments like buying stocks, real real estate, bonds, and so on would not qualify you.
The Applicant Should Be The Main Source Of Funds
This means that the funds you are investing are your personal funds. Funds that arise from gifts from family members, cofounders, colleagues, and friends would qualify. Also, if you personally guarantee a loan, you would be eligible.
What is not eligible are funds that are guaranteed with the property of a business you run. Also, a business you own cannot invest on your behalf, you need to invest your own money.
In conclusion, applying for an E-2 visa has its own fair share of complexities. It would be very risky if you apply on your own without expert guidance. Make sure you have an immigration lawyer guiding you through the process.
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