If you want to know whether you qualify for an E-2 Visa, then you came to the right place. The first requirement you need to meet to qualify for an E-2 Visa is that you must be a national or citizen of a qualifying country, as this visa category is not available to nationals of all countries.
The E-2 Treaty Investor Visa is a non-immigrant visa that is available only to nationals and citizens of countries with which the United States maintains treaties of commerce and navigation who wish to come to the country to develop and manage a business into which they have invested a substantial amount of capital. However, the nationality and investment requirements, although important, are only two of the many requirements you will need to meet to qualify for an E-2 Visa.
If you are considering applying for an E-2 Visa, read on to learn what you need to know about this visa category.
Key E-2 Treaty Investor Visa Facts You Need to Know
- E-2 Visa holders (known as “treaty investors”), as well as certain employees, can legally live and work in the United States for American businesses into which substantial investments have been made.
- While in the United States under an E-2 Visa, a treaty investor or treaty employee can only work for the employer or business that sponsored their E-2 Visa application.
- Initial E-2 Visas generally remain valid for up to five years (depending on the holder’s home country), and unlimited extensions are available. However, the length of a treaty investor’s visa depends on the “reciprocity” agreement between the investor’s home country and the United States as well as on the viability of the E-2 business. Typically, new businesses receive shorter validity periods.
- Regardless of their nationality, each time an E-2 Visa holder enters the United States, they are automatically granted a period of stay of up to two years, and they are able to obtain extensions as long as they remain eligible.
- Spouses and minor, unmarried children can accompany E-2 Visa holders.
- The spouse of an E-2 Visa holder can apply for a U.S. work permit once they are physically present in the United States.
Do You Qualify for an E-2 Visa?
Even if you are a national or citizen of a qualifying country and have made a substantial investment into a U.S. business, there are other important requirements you must meet to qualify, such as:
- You must be planning to actively develop and direct the E-2 business (passive investors will not qualify);
- You must own at least 50% of the E-2 business;
- Your E-2 business must not be a marginal enterprise, which is one that does not have the ability to make a significant impact on the economy of the United States by creating jobs for U.S. workers;
- The funds you invested must come from a lawful source;
- You must own the funds you invested;
- The funds you invested must be irrevocably committed to the business; and
- You must intend to depart the United States as soon as your E-2 Visa expires.
The Definition of “Substantial” Matters
To qualify for an E-2 Visa, you need to make a “substantial” investment into a U.S. business or be in the process of doing so. Regardless of whether you have already made this investment or will do so in the near future, you need to make sure your investment qualifies. So, what does “substantial” mean exactly? Unfortunately, there is no set dollar amount to be found in the E-2 Visa requirements, which can make determining how much will be enough a bit tricky. This is why working with an experienced Immigration Attorney when applying for an E-2 Visa is vital.
Generally, an investment will be considered substantial if it is:
- Sufficient to show the E-2 Visa holder has made an irrevocable financial commitment to the successful operation of the E-2 business;
- Substantial in relationship to the total cost of either purchasing an established U.S. business or creating the type of business the E-2 Visa holder is considering creating; or
- Sufficient to support the likelihood the E-2 Visa holder will successfully develop and direct the E-2 business.
Do you qualify for an E-2 Visa? If the answer is yes, then get in touch with Attorney Romy B. Jurado today to learn what the next step is by calling (305) 921-0976 or by sending an email to [email protected]. On the other hand, if you are not sure whether you qualify, get in touch to find out.
