Can I Buy a Franchise for an E-2 Visa?

What is the E-2 Visa?

Buying a business or a franchise for an E-2 Visa allows potential business owners to come to the United States to run their business. Business owners who obtain an E-2 visa can stay in the United States indefinitely, however, they must renew their visa and the business must stay profitable. The E-2 is very beneficial for people with families. The visa allows you to bring your children and your spouse to the United States. Spouses have the option of working at the business you own or any other place for that matter. Any children under 21 are allowed to come as well, however when they turn 21, they would need to obtain a new visa, or they would have to return to their home country. The E-2 has many different requirements that need to be fulfilled for it to be granted, however the benefits of the E-2 visa are numerous.

Requirements for E-2 Visas

To obtain an E-2 Visa you must be from a treaty country. There are 60 or so countries and you can find the list of them online. The requirements for the investment are arguably the most important thing to know regarding E-2 Visas. A potential investor must show that they are making a substantial investment into any business that is legal and for-profit in the United States to be able to obtain the visa. Criteria for what counts as a substantial investment varies based on proportionality. For example, U.S immigration would likely require an investor to spend roughly 100 percent of a what it costs to run a small business that’s valued around 130,000 dollars. However, they would likely require only 30 percent of the investment from a potential investor, if it is a capital-intensive business that would require, something like, 20 million dollars to operate. U.S Immigration wants to see that you are in the process of investing or have already made a substantial investment. Essentially this means the money should already be spent. They want to make sure that you are committed enough to the business to risk your capital. For example, to prove you are committed, they would likely want to see something such as charges on your credit card statement and other things of that nature. This gives the investor all the incentive in the world to make the business successful, because if it is not, the investor loses their money. You must also prove that you are in control of the money and you must also show where the money came from. As long as the money came from somewhere legal it will suffice.

Buying a Franchise for an E-2 Visa

As stated before, any business that is legal and for-profit satisfies the E-2 requirements. Therefore, buying a franchise would be allowed. In fact, buying a franchise may give an advantage in the application process. Immigration officials may recognize the brand of a well renowned franchise which gives more credibility to the investor. The department of commerce released statistics showing that franchises are much more likely to still be in business, after ten years, than other businesses. This proves that franchises are lower risk, which is very favorable to Immigration officials. Franchises are also usually more organized, have vast experience in their industry, and can easily provide immigration officials with detailed documents that answer their questions.

Getting an E-2 Visa is a life changing event. Make sure your application checks all the boxes by getting in contact with an experienced attorney, such as myself. Get in touch with us at Jurado & Farshcian P.L, you can send an email to [email protected] or call 305-921-0440.

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