The E-2 Visa Qualification Checklist

If you wish to pursue lucrative business investments in the United States, one of the best visas at your disposal is the E-2 Treaty Investor Visa, better known simply as the E-2 Visa. This nonimmigrant visa allows foreign investors to enter and stay in the U.S. for the purpose of starting or managing their business. However, like any visa, it also has several requirements you must fulfill in order to qualify. Review our convenient guide to determining whether you are eligible for the E-2 Visa, and learn how Jurado & Farshchian, P.L. can help!

What You Need to Qualify for the E-2 Visa

You must meet all the following criteria to qualify for the E-2 Visa.

Be the national of an E-2 Visa Treaty Country – The E-2 Visa is available only to individuals whose country of origin has signed a treaty of Trade and Commerce with the U.S. You can find an up-to-date list of the qualifying countries on our website: www.jflawfirm.com/e-2-visa-countries. Be advised that a country need not be a major trading partner to have the requisite treaty with the U.S.: while citizens from Albania and Togo are eligible for the E-2, citizens from China and India are not.

The business must be a “bona fide” enterprise – Whether you wish to start your own business with the E-2 Visa, or plan on acquiring an existing one, the business must meet several requirements of its own – namely, it must be active, for-profit, and offer a tangible good or service. To prove the business is bona fide, you should provide items such as financial statements, tax returns, lease agreements, and anything else to show that the enterprise is active and profitable. If you are setting up a new business with the E-2 Visa, then you must submit with your application a detailed and comprehensive business plan that credibly shows the business’ future growth.

The investment must be substantial – Though E-2 Visa guidelines do not specify a specific dollar amount, you will be required to prove that the proposed investment is enough to fulfil the growth, expansion, or operation of the business. At least $50,000 is the usual amount needed to meet this requirement but the investment amount must also make sense for the type of business you wish to invest in.

You must have skin in the game – A defining feature of any investment is the risk of losing part or all your funds. The E-2 Visa requires that this be the case with your business investment: you must prove your funds are committed to the E-2 Visa enterprise, and that if it fails you stand to lose some amount of capital. The easiest way to meet this requirement is to show that are using your personal funds in an account under your name (though the funds can be gifted, they must be in an account you control).

You must develop and direct the business – Your relationship to the business cannot be passive or subordinate: you must either be a principal investor (owning at least half the business) or serve as a prominent officer of the business, such as an executive position.

How Our Attorneys Can Help You Qualify

Meeting these requirements will not be easy, especially with all the paperwork and procedure involved in the application process. Given the complexity and opaqueness of the U.S. visa system, it pays to have legal experts by your side who can help guide you through the process. If you are not sure about the above requirements, or think you meet the criteria but do not know how to start, get in touch with our law firm by calling (305) 921-0440 or sending an email to [email protected].

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