The E-2 Treaty Investor Visa, commonly known as the E-2 Visa, is designed for entrepreneurs seeking to establish and operate a business in the United States. To be eligible for this visa, applicants must come from a country that maintains a treaty of commerce and navigation with the United States. Notably, not all countries qualify for the E-2 Visa. In this guide, we will delve into the details of this visa category and how Jurado & Associates, P.A., Immigration Attorneys, can assist you in the application process.
How Much Money Should an Applicant Invest?
One of the most frequently asked questions by E-2 Visa applicants pertains to the required investment amount. Regrettably, there is no specific figure outlined in E-2 regulations. However, you can gauge a “safe” investment amount that is likely to meet the requirements.
The primary criterion is that your investment must be “substantial.” In essence, your investment should reflect a genuine commitment to the success of your E-2 business. It should be a significant amount that demonstrates your dedication. For instance, if you have a net worth of $100 million, an investment of $60,000 may not convince the consular officer of your commitment. Conversely, an investor with a net worth of around $300,000 may find that a $100,000 investment qualifies as substantial proof of commitment to the E-2 business.
While these guidelines apply in most cases, the determining factor is not solely the investment amount but rather the specific business you are investing in. Historically, foreign investors have secured E-2 Visas with investments as low as $25,000. The crucial factor is whether the investment amount is sufficient to transform the E-2 business into an operational enterprise that positively impacts the U.S. economy or creates jobs for qualified U.S. workers.
When Do Applicants Have to Invest Money?
Your E-2 business should be on the verge of becoming operational when you file your E-2 application. As an E-2 Treaty Investor Visa applicant, you must demonstrate that your investment is “irrevocably committed” to the business and “at risk.” A purely speculative investment in a business that exists only on paper will not meet the requirements.
While you are not obligated to spend the entire investment upfront, you must provide documentation indicating that a substantial portion of the funds has been spent, along with a clear plan for the remaining expenditure.
How Can E-2 Applicants Prove Their Investments?
E-2 Visa regulations necessitate proof of the source of investment funds, comprising two key elements:
- Control of the funds: You must substantiate your possession and control of the intended investment capital. This requirement can be met by providing documentation detailing the acquisition of the funds. The E-2 Treaty Investor Visa allows funds from various sources, including income, inheritance, gifts, and loans for which you bear personal liability.
- Lawful source of the funds: Demonstrating that the funds originate from a legitimate source is crucial. Typically, this requirement is satisfied through the documents submitted to fulfill the “control of the funds” prerequisite. In some cases, multiple layers of documentation may be necessary. For instance, if the funds were obtained through the sale of real estate, you may need to provide evidence of the sale as well as the source of funds used for the initial real estate purchase.
If you are considering applying for the E-2 Visa, we have excellent news – we can assist you! Jurado & Associates, P.A., has extensive experience helping investors from around the world successfully submit E-2 Visa applications for businesses of all types and sizes. Our Business Immigration Attorneys will provide comprehensive guidance on meeting the E-2 investment requirement and assist you throughout the process.
To learn more about our business immigration services and schedule an initial consultation with one of our E-2 Treaty Investor Visa experts, contact Jurado & Associates, P.A., by calling (305) 921-0976 or sending an email to [email protected]. Discover the path to realizing your entrepreneurial aspirations in the United States.