E2 VISA USA

The E-2 visa allows its holders to remain in the United States for renewable periods of up to two years at a time, with the possibility of remaining indefinitely as long as they continue to meet the visa’s eligibility requirements. It is important to note that the E-2 visa is tied to investment in a specific business in the United States, so visa holders must maintain their involvement in the business and meet other conditions to maintain their immigration status.

The amount of investment required to apply for an E-2 visa for the United States varies and there is no specific amount set by law. However, the investment must be substantial and sufficient to ensure the success and viability of the business in which you are investing.

The amount of money considered ‘substantial’ may depend on a number of factors, including the type of business, its size, location, industry and other economic factors.

Trader visas (E-1) and investor visas (E-2) are non-immigrant visas for nationals of a country with which the United States maintains a treaty of friendship, commerce and navigation. E-visas are for applicants who wish to come to the United States for one of two purposes: to engage in substantial trade, primarily between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital (E-2).

If the treaty investor is currently lawfully present in the United States under a nonimmigrant status, they can submit Form I-129 to request a change of status to E-2 classification. Similarly, if the intended employee is currently lawfully present in the United States under a nonimmigrant status, the qualifying employer can file Form I-129 to request a change of status to E-2 classification on behalf of the employee.

The enterprise being invested in must avoid being marginal. A marginal enterprise is defined as one that cannot currently or prospectively generate sufficient income to support the basic living needs of the treaty investor and their family. Even if a new enterprise lacks the immediate ability to generate such income, it may not be considered marginal depending on the circumstances. However, in these instances, the enterprise must demonstrate the capability to generate sufficient income within five years from the start date of the treaty investor’s E-2 classification.

To qualify for E-2 classification, the treaty investor must meet the following requirements:

Be a citizen of a country with which the United States has a treaty of commerce and navigation.
Have invested, or be in the active process of investing, a substantial amount of capital in an actual enterprise in the United States.
Seek to enter the United States solely to develop and direct the investment enterprise. This is demonstrated by having at least 50% ownership of the enterprise or operational control through a management position or other corporate mechanism.
An investment is defined as the placement of treaty investor capital, including funds and other assets, at commercial risk with the objective of generating profits. The capital must be exposed to potential partial or total loss if the investment fails. The investor must demonstrate that the funds are not derived, directly or indirectly, from criminal activity. For more details, see 8 CFR 214.2(e)(12).

A substantial amount of capital refers to:

A significant amount in relation to the total cost of purchasing an established business or creating a new one.
An amount sufficient to ensure the investor’s financial commitment to the success of the enterprise.

An amount that supports the likelihood that the investor will successfully develop and run the enterprise. The lower the cost of the enterprise, the proportionately higher the investment must be to be considered substantial.
A genuine enterprise is a real, active and operating business or entrepreneurial entity that produces goods or services for profit, and that meets all legal requirements to operate within its jurisdiction.

To qualify for E-2 classification, the employee of a treaty investor must meet the following requirements:

Have the same nationality as the principal foreign employer (who must be a national of the country with which the United States has a treaty).
Meet the definition of ‘employee’ under the relevant law.
Perform duties of an executive or supervisory nature, or if in a lesser position, possess special qualifications.
If the foreign principal employer is not a natural person, it must be a company or organisation that is at least 50% owned by persons in the United States who are nationals of the treaty country. These owners must either: (a) maintain non-immigrant treaty investor status or (b) if not in the United States, be classifiable as non-immigrant treaty investors if they would seek admission. See 8 CFR 214.2(e)(3)(ii).

Executive or supervisory functions mean that the employee has ultimate control and responsibility for the overall operation of the organisation or a major component of the organisation. For a more detailed definition, see 8 CFR 214.2 (e) (17).

Special qualifications are skills and/or aptitudes that make the employee’s services essential to the efficient operation of the commercial treaty enterprise. These qualifications may include, but are not limited to:

The level of proven experience in the employee’s area of operations.
Whether others possess the employee’s specific skills.
The salary the special qualifications may require.
The availability of those skills and qualifications in the United States.
Knowledge of a foreign language and culture alone does not meet this requirement. It is important to note that an essential skill at one time may become commonplace and no longer qualify in the future. For a more complete definition, see 8 CFR 214.2(e)(18).

Qualified treaty investors and employees may receive an initial stay of up to two years. Applications to extend stay or change status to E-2 classification may be approved in increments of up to two years each. There is no limit on the number of extensions an E-2 nonimmigrant may receive. However, all E-2 nonimmigrants must intend to leave the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad generally may receive a new two-year period of readmission upon return to the United States, provided he or she is deemed admissible by a Customs and Border Protection (CBP) officer.

Investors and employees applying for the E-2 visa may be accompanied by spouses and unmarried children under the age of 21. Their nationalities need not be the same as those of the treaty investor or employee.
Spouses and children may apply for E-2 nonimmigrant classification as dependents and, if approved, will generally be granted the same period of stay as the employee.
Spouses of workers in E-2 status are considered to be authorised to work. Children under the age of 21 may study under this visa in the United States.

Foreign investors have several options to consider when seeking business investment opportunities with an E-2 visa. They can choose to buy an existing business (or a franchise) or start their own company.

Acquiring an established business offers numerous benefits, such as having a financial history and the ability to more accurately estimate the necessary investment, especially when substantial investments are required. Additionally, this allows the investor to assess the return on investment (ROI) to ensure that the returns meet the proportionality requirements of the E-2 visa.

Whether the investor acquires a convenience store, a mall kiosk, a bakery, or a web design company, they only need to demonstrate their credentials and their ability to manage such a franchise or business.

While buying a business can be advantageous for some investors, others may find it more appealing to invest in a business they establish themselves. These businesses can include home remodeling, landscaping, house cleaning, house painting, plumbing, electrical work, carpet cleaning, auto repair, and mobile auto detailing services.

It is important to note that businesses do not have to be in-person services. Products and services can also be offered and sold online.