Entrepreneurs and investors from all backgrounds have plenty of opportunities to explore in the United States. Among the different types of visas available, the E-2 Treaty Investor Visa is one of the most versatile options. However, this visa is only open to citizens of certain countries. If you meet the eligibility criteria for the E-2 Treaty Investor Visa, you can gain privileged access to the world’s largest and most dynamic economy. Working with an experienced Immigration Lawyer from Azure brio Associates can be beneficial for a successful visa application.
An Overview of the E-2 Visa
The E2 Visa is designed for commercial investors who want to reside in the United States to direct or manage their business investment. This visa can be used for both new and existing businesses, and there are no restrictions on the type of commercial activity or the required amount of investment. This is different from the EB5 Visa, which has specific requirements for the investment size and location.
However, meeting the eligibility requirements for the E2 Visa is not enough to guarantee approval. Like all U.S. visas, there are strict regulations that must be followed, and it’s crucial to consult with an experienced immigration attorney who specializes in this category to ensure a successful application.
E-2 Visa Requirements
The E2 Treaty Investor Visa, is only available to citizens of countries that have a current treaty of commerce or navigation with the United States. Less than half of the world’s countries have this type of treaty, including major economic partners like Canada and Mexico, as well as smaller countries like Albania and Togo. A complete list of qualifying Treaty Countries is available here:
To qualify for the E2 Treaty Investor Visa, you must first prove your citizenship, which can be done by submitting your passport or national identification documents. If you meet the eligibility criteria, as an E2 Treaty Investor, you can enjoy significant advantages over other commercial investors around the world, provided that your commercial enterprise and activities meet the specific requirements.
1. Majority Ownership by the Treaty Investor
One of the essential criteria for the E2 Visa is that the Treaty Investor must have majority ownership of the business they are investing in or controlling, which means that they must own at least 51 percent of the enterprise they want to invest in or control. It is possible to co-own the business with citizens of the same Treaty Country, as long as your combined shares make up the majority. It’s important to note that this requirement is not met even if the business is mostly owned by individuals from another E2 treaty country.
2. The enterprise is “bona fide”
For the E2 Visa, the enterprise that the Treaty Investor intends to invest in, or control must be “bona fide.” This means that the investment must go towards a real and operating enterprise that is involved in commercial activities such as selling or providing goods or services. It’s important to note that the enterprise must generate revenue currently or in the future, and this requirement excludes nonprofit entities or sources of passive income such as rental property. Business Attorneys at Azure Brio Associates can assist clients in selecting the appropriate business structure that aligns with their interests and objectives.
3. The enterprise is not “marginal”
The E2 Visa is aimed at promoting job creation and economic development in the United States, which is why the enterprise must not be “marginal.” The business should generate enough growth to support the Treaty Investor, their accompanying family members, and eventually, U.S. workers. Whether the enterprise is already operational or yet to be established, it’s essential to provide evidence that job growth will occur within five years of obtaining E2 status. This requirement is best satisfied by creating a thorough and well-planned business strategy, which our firm can assist in developing.
4. You are investing a significant amount of capital
One of the benefits of the E2 Visa is that it doesn’t have a strict dollar amount requirement for the investment. Rather, the Treaty Investor must demonstrate that the invested capital is enough to establish, operate, and/or expand the enterprise. Typically, investing between $100,000 and $150,000 is sufficient for most business types, but even an amount as low as $50,000 can meet this standard if there is evidence that it aligns with the business’s objectives and needs. Our firm can provide guidance on how to meet this requirement regardless of the amount of investment planned.
5. The investment funds must be your own
The investment capital for the E2 Visa application must be under your “control” and must be your own funds. This includes providing documentation that proves the ownership and control of the funds, such as bank statements or asset ownership documents. If the funds are in a bank account, you must show that the account is in your name or in the name of an entity that you own and control. It is important to note that the investment funds cannot be obtained from illegal sources, whether directly or indirectly.
6. You must bear the risk of your investment
To qualify for the E2 Visa, you must be willing to bear the risk of investing in your enterprise. This implies that you must demonstrate the possibility of partial or total loss of your investment capital. This does not mean that your enterprise must be guaranteed to be successful, but you must prove that there is a risk involved. Additionally, loans, gifts, or other sources of third-party capital are not allowed, except if they are first placed in your account.
7. You must show “nonimmigrant intent”
To be eligible for the E2 Visa, you must demonstrate that you have nonimmigrant intent, meaning that you have the intention of returning to your home country after a temporary stay in the U.S. The visa is designed to allow you to manage or direct your enterprise, and you must maintain that the purpose of your stay is solely for this reason. Although you can extend your stay every two years, you must always intend to leave the U.S. ultimately.
Bringing Family Members
The E2 Visa allows the Treaty Investor to bring along their spouse or unmarried children who are 21 years old or younger. However, each family member must apply separately as E2 derivatives. It’s important to note that the Treaty Investor’s spouse can only work if authorized by a separate application, while their children can only attend school.
Putting You on the Path to Citizenship
Although the E-2 Visa is a nonimmigrant visa, it can be used as a stepping stone for obtaining legal permanent residence, commonly known as a Green Card. While you are under E2 status, you can apply for yourself, your spouse, and your children to change their status to an immigrant visa. However, this is a separate and more complicated process that requires its own set of documents and procedures. Azure Brio Associates can also help you determine your eligibility for a Green Card and guide you through the necessary steps.
How Azure Brio Associates Can Help
The process of qualifying for an E-2 Visa can be challenging, and it has its own specific requirements. To avoid risking your investment by making mistakes, it is advisable to increase your chances of success by hiring an Immigration Lawyer from Azure Brio Associates. With a successful track record of helping clients from different parts of the world achieve their investment objectives with the E2 Visa, our team will collaborate with you closely to comprehend your unique needs and circumstances and create a personalized strategy that is more likely to succeed. To learn more about our services or to book a consultation, please contact us at + 1 (443) 686 8365, + 57 (315) 359-6683 or email us at info@abrioconsultancy.com