The E2 Visa is one of the most attractive options for foreign entrepreneurs and investors looking to invest in the United States while also gaining the right to live and work there. However, this visa has specific requirements that must be met, and it is crucial for applicants to understand the process to increase their chances of approval. In this article, we will explore the basic requirements for the E2 Visa and how citizens of treaty countries can qualify for this visa.
1. Nationality of a Treaty Country
The E2 Visa is available only to citizens of countries that have a treaty of commerce and navigation with the United States. Some of the Latin American countries that meet this requirement include Mexico, Colombia, Argentina, and Chile, among others. If you are a citizen of one of these countries, you may qualify to apply for the E2 Visa.
2. Substantial Investment
The investment made in the United States must be considered āsubstantial.ā Although there is no legally defined minimum amount, the investment must be sufficient to ensure the business’s success. This means it should cover most of the startup and operational costs. Depending on the industry and size of the business, this amount can vary, but generally, an investment of $100,000 USD or more is well-regarded by consular officers.
3. Investment in an Active Business
To qualify for the E2 Visa, the investment must be in a real and active business. Passive investments, such as real estate that does not generate direct income from business operations, are not accepted. The business must be active and have a positive impact on the local economy, such as creating jobs.
4. Financial Risk
The applicant must demonstrate that the invested funds are at risk and not merely set aside for the visa. This means that the money must be committed and subject to loss if the business does not succeed. Additionally, it is essential to show that the funds come from legal sources and have been transferred to the business transparently.
5. Control of the Investment
The applicant must have direct control over the investment. Typically, this means owning at least 50% of the business or having a controlling role within the business structure. This ensures that the investor can actively direct and manage the business.
6. Intent to Return
While the E2 Visa allows for an extended stay, it is a non-immigrant visa. Applicants must demonstrate an intent to return to their country of origin once the visa expires. However, the E2 Visa can be renewed indefinitely as long as the business remains active and continues to meet the established requirements.
7. Economic Benefit to the United States
Lastly, the business must have a positive economic impact in the United States, which generally includes creating jobs for U.S. residents or citizens. A business that only generates minimal income for the investor may not meet this requirement, so it is essential to structure the business to be sustainable and beneficial to the local economy.
Conclusion
The E2 Visa is an excellent opportunity for citizens of countries with investment treaties with the United States who want to start or expand their business in the U.S. If you meet the requirements and are interested in starting the application process, it is essential to have the proper guidance to ensure all aspects of the business comply with immigration regulations.
Need Help Applying for Your E2 Visa?
Our team at Jurado & Associates has the experience needed to guide you through every step of the process. Contact us today for personalized assistance! Call us at +1 (305) 921-0976 or email us at [email protected]. We are here to help you turn your dream of living and working in the United States into a reality.
