Miami Immigration Lawyer: E-2 Treaty Investor Visa

The U.S. has treaties with certain countries. For instance, citizens of Canada and Mexico are eligible. The treaties allow citizens of eligible countries to make a large investment in a U.S. business and to receive E-2 Treaty Investor visas.

The investment must give the investor control of the business.

The term “substantial” is not defined as a dollar amount within the E-2 visa laws. There is, however, what is known as the “proportionality test” which considers various factors. Factors like, is the amount of investment substantial in relation to the type of business? Businesses that require machinery and inventory will normally require a larger investment rather than a service type business, which does not require significant equipment.

If most of the stockholders in a foreign corporation are citizens of that treaty country then a foreign corporation, in a country that qualifies for E-2 visas, may send citizens of that country to the USA on E-2 visas.

An E-2 country citizen need only own 50% of the stock in the U.S. corporation, for the purpose of intending to direct and develop. With this control, whether negative or not, the E-2 visa holder can veto any decisions.

The investment may not be “marginal”. The business must generate more than a minimal living for the investor and have a present and future ability to do so. Simultaneously, the purpose of the business may not merely be intended to provide the investor with a good living. An important factor to consider in evaluating the marginality of the business are categorized under two factors: Can the business create and expand jobs for U.S. workers? And, will it generate more income than would be considered a good living?

“At risk” is defined as the funds that no longer is under the investor's control. The money that is invested, must be considered “at risk.” It is not merely enough to deposit a substantial amount of money in the corporation’s banking account. However, it is possible to buy a business, deposit the funds in an escrow account, and understand that the money will only be handed to the seller once the E-2 visa is granted.

Money is not the only form of investment permitted. Inventory and equipment may be imported and considered as investments.

The investor’s spouse and children under the age of 21 are also eligible to receive E-2 visas, even if they are citizens of a non-treaty country. The E-2 visa holder’s spouse is eligible to receive work authorization and may work for any employer.

At Jurado & Farshchian, P.L., you will find skilled Immigration Lawyers who specialize in E-2 Treaty Investor Visa. We provide our clients with compassion, professionalism, and personalized services, which helps us create the best strategy to guarantee as many successful E-2 Treaty Investor Visa as possible.

Our E-2 Treaty Investor Visa experts have an in-depth knowledge of the specific processes and documents required to complete a successful visa application. Let us add you to our ever-growing list of satisfied clients.

To learn more about how we can help clients apply for family-based green cards, contact our experienced attorneys for an initial consultation by calling us today at (305) 921-0440 or sending us an email to [email protected].

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