What Foreign Investors Need To Know About The E-2 Visa

The United States has always been the number one destination for business investments. The sheer number of people given the opportunity to live the American dream is testimony to that. If you are a foreign investor looking to invest in the US economy, you can easily do that with an E2 visa.

An E2 visa lets you stay in the United States to manage the business you have started in the country. The visa has a validity period of two to five years and can be extended indefinitely.

Getting an E-2 Visa is essential for all foreign investors interested in the United States.

General Requirements for an E-2 Visa

The investor must be a national of a treaty country. The investor could either be a real person or a corporate entity.
The investment has to be substantial. However, there is no official threshold you have to meet. The funds you want to invest have to be substantial for the successful running of the business.
The investment has to be an operating enterprise. Idle investments like funds in a bank account or other similar securities will not qualify.
The investment has to provide returns that cater for more than the living expenses of the investor. It also needs to have a substantial impact on the US economy.
As the investor, you need to have control of the funds. They also have to be commercially at risk. In essence, loans backed up with assets of the enterprise do not qualify.
As the investor, you have to regularly come to the United States. If you are not the principal investor, you need to be in a managerial position or be a highly skilled worker. Unskilled workers will not qualify for the E-2 Visa.

Which Countries are Treaty Countries?

According to the State Department, these countries are in treaty with the United States. In essence, their nationals qualify for E-2 visas.

What qualifies as a substantial investment?

There is no official figure you can use a metric for determining a substantial investment. However, the following are usually taken into consideration:

The amount you want to invest has to be proportional to the value of the business in question. This is usually applied to investment in existing businesses.
The investment sum must be an amount that is viable to establish the kind of businesses in contemplation. This is usually applied for investments in a new business.

Do you have to Invest Fully before Making an Application?

The law states that the investment funds have to be at risk. This means that they have to be fully committed by the time of filing the visa application. It could either be paid fully, held in trust or under a contract.

Can you bring Foreign Employees to the US?

The only foreign employees that can come to the US on an E-2 Visa are managerial or highly skilled employees. Ordinary skilled employees and unskilled workers can’t come to the US on an E-2 Visa. You can consider the L-1 visa if you are looking to transfer employees to the United States.