An E-2 treaty investor visa allows individuals from treaty countries to work for a US business in which a substantial cash investment has been made by you or citizens of your home country.
E-2 Treaty Investor Visa General Requirements:
- You must be a citizen of a country that has an investor treaty with US. See complete and current list on the USCIS website;
- You must be coming to work for a company you own or one that is owned by at least 50% nationals of your home country;
- You must be an owner or a key employee of the US company;
- You or the company must have made a substantial investment in the US business;
- The US company must be an active, for-profit business; and
- You must intent to leave the US when your business is done.
E-2 Visa Key Elements:
The E category is useful for business owners, investors, entrepreneurs, managers, and employees who need to remain in the US for extended periods of time to oversee or work at an enterprise that represents a major investment in the US. An E-2 visa holder is normally admitted for two year first. Generally, an E-2 visa can be renewed indefinitely. Family members of an E-2 visa holder, such as a spouse and unmarried children under the age of 21, can accompany the E2 visa holder to the US with the right to employment. Our DC E-2 visa attorney can assist with determining whether you meet the E-2 visa requirements. For a consultation with a DC E-2 visa attorney contact our office directly or fill out the online form below.
To qualify for an E-2 Visa, must meet 3 requirements first
- There must be a treaty between your country and US,
- At least 50% ownership or control of the investing company must be held by the national of the same treaty country, and
- The same citizenship must be held by each employee or principal of the company who seeks E status.
1. Active investment
An investor must make an irrevocable commitment of funds that represent an actual, active investment. For example, purchase of a business with the funds in escrow conditioned solely on the grant of the visa. The applicant should be close to the start of actual business operations, not simply in the stage of signing contracts. Also, it cannot be a passive investment where you purchase something and merely wait for the value to increase – you should actively participate in management of the business.
2. Substantial investment
What is a substantial investment: There is no minimum dollar amount necessary for the investment to be considered substantial. The government applies multiples tests to evaluate the substantiality requirement. The investment should be proportional to the total value of the particular enterprise in question (usually applies to existing business). Or it must be an amount normally considered necessary to establish a viable enterprise of the type planned (usually applies to a new business). Finally, the amount of money necessary to establish a viable enterprise is dependent on the nature of the business. To help you understand whether your business meets the E-2 visa investment requirements, consult with our DC E-2 visa attorney today.
- Loans secured by the investor’s own assets, such as mortgage on his real property
- Unsecured loans
- Cash reserves placed in a business account at the disposal of the business for purchase of equipment, property, or start-up inventory.
- Value of purchased equipment and property
- Mortgage debt or loans secured by the enterprise assets
- Secured loans
- Cash not held in reserve by the corporation, such as personal bank account
- Rental payments, inventory purchases, and other recurring costs beyond the start-up of the enterprise.
3. The enterprise cannot be marginal
The enterprise is marginal when it does not have the present or future capacity to generate more than minimal living for investor and his family. The applicant should provide a 5-year business plan.
Factors to consider
- Investment will expend job opportunities
- Generate other sources of income
- Investment will generate income substantially above what would be considered a living
- Investor will not simply work as a skilled or unskilled worker
4. You must have an essential role in the enterprise
As a principal investor, you must be responsible for the development and direction of the investment. Usually, ownership by an individual investor of at least 50% of the business is enough to qualify the principal investor on the basis of control.
Employee of the Enterprise
Treaty nationals serving in a managerial capacity. Or serving in the technical capacity requiring special training and qualifications, and who are needed to establish the start-up, train or supervise persons serving in technical positions, or continuously monitor and develop product improvements and quality control.
WHEN TO CONSULT WITH THE DC E-2 VISA ATTORNEY?
Every case has its own set of facts and circumstances. We can help you to determine your E-2 visa eligibility, collect all necessary documents, prepare the entire application, and submit it to the proper agencies. Contact our office to schedule your consultation with our DC E-2 visa attorney today.