E-2 Visa Information
Basic Requirements:
In simple terms, the basic criteria are:
Substantial Investment
Your investment must be substantial. This is not defined in dollar terms, but is related to the amount necessary to purchase an existing business or establish a new business. Investments at the lower end of the range are usually between $100,000 and $150,000, but can be less than that
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Non-marginal Investment
You will need to demonstrate that the business in which you are investing will generate more than enough income to support you and your family, and will contribute to the economy, usually by employing U.S. workers.
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Active Investment
The business must be a fully operating business as you, the applicant, are expected to be actively engaged in developing and directing it. Passive investments do not qualify.
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Investor must be the source of the funds
The investor must be the source of the invested funds and from a treaty country . Personal loans from relatives or friends can be considered part of your investment as long as the business is not collateral for the loan. Gifts of funds for the investment are also permitted.
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Now for a more detailed review:
What is an E-1/E-2 visa?
Section 101(a)(15)(E) of the Immigration and Nationality Act (INA) provides treaty trader/investor nonimmigrant status for a national of any of the countries with which an appropriate treaty of commerce and navigation exists.
An individual who wishes to go to the US to carry on substantial trade, principally between the US and his/her own country, may apply for a treaty trader visa (E1). Someone who is going to the United States to develop and direct the operations of an enterprise in which he/she has invested, or is actively in the process of investing, a substantial amount of capital is welcome to apply for a treaty investor visa (E-2 Visa). The category is popular because unlike the L-1 category, it is not necessary to maintain a business outside the US and also because unlike L-1 status, E-1 and E-2 visas can be renewed every five years without limits.
E-2 visa is suitable for:
- Entrepreneurs from treaty countries investing substantially in a U.S. enterprise
- Nationals of treaty countries entering the U.S. to develop and direct investments from the treaty country
- Nationals of treaty countries entering the U.S. to develop and direct the operations of an enterprise in which they have invested, or they are actively in the process of investing a substantial amount of capital
- Immediate family members of E-2 visa holders
- Spouse of E-2 Investor Visa Holder who is seeking Employment in the U.S. (Spouses of E-2 visa holders may accept employment in the U.S. by obtaining an Employment Authorization Document)
- Companies in treaty countries to send key personnel to manage the U.S. affiliate or branch
- Companies in treaty countries to send personnel to setup a U.S. company
Important notes
The information provided herein is for informational purposes only and should not relied upon without obtaining legal advice from an attorney. Information is provided as a public service. Any reliance on information contained herein is taken at your own risk.
Rapid USA Visas, Inc. do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services.
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