Learn If You Meet The E-2 Visa Requirements

The E-2 Treaty Investor Visa, known simply as the E-2 Visa, permits foreign investors to enter and stay in the U.S. for the purpose of starting or managing their business. If you wish to pursue lucrative investments in the world’s largest and most dynamic economy, you must take the time to understand the E-2 Visa Requirements and hire an attorney who can assist you qualifying.

A Rundown of the E-2 Visa Requirements

To be approved for the E-2 Visa, you must meet all the following criteria.

You must be the National of an E-2 Visa Treaty Country

The E-2 Visa is available only to individuals whose country of origin maintains a treaty of commerce and navigation with the U.S. For a complete and up-to-date list of qualifying countries, please visit www.jflawfirm.com/e-2-visa-countries.

Be advised that being from a country that is a major economic or trading partner with the U.S. does not necessarily correlate with having the requisite treaty. For example, nationals from Albania and Togo are eligible for the E-2 Visa since their countries maintain treaties of commerce and navigation with the U.S., yet nationals from China and India—among the world’s largest economies—do not qualify as no such treaties have been signed.

The Investment Must Be Substantial

While there is no minimum amount of money that must be invested, E-2 Visa applicants must prove that the proposed investment is “substantial”, in that it is sufficient fulfil the growth, expansion, or operation of the business. Generally, at least $100,000 will be enough to qualify, but the investment amount must also make sense for the type of business.

You Must Be Personally and Financially Liable for the Investment

The chance of losing some or all your funds is an integral characteristic of any investment. As an investment visa, the E-2 thus requires applicants to prove their funds are fully committed to the E-2 enterprise, so that if the business fails, you will lose some amount of investment capital. Even if the funds are being gifted, they must be in an account under your name or that you otherwise control.

The Business Must be a Bonda Fide Enterprise You Develop and Direct

The E-2 Visa allows you to invest for the purpose of starting a new business or to acquire an existing one. However, the business must be active, profit-making, and provide a tangible good or service. To substantiate these requirements, you should submit documentation such as financial statements, tax returns, and lease agreements, to name a few examples. In the case of new businesses being set up with the E-2 Visa, you must provide a credible and detailed business plan that projects how the business will grow.

Moreover, your relationship to the enterprise cannot be passive or secondary: you must develop or direct the enterprise.How Jurado & Farshchian, P.L. Can Help You Meet the E-2 Visa Requirements

Meeting these requirements will take a lot of time and paperwork Given the complexity and opaqueness of the U.S. visa system, it pays to have legal experts 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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