Although there are many requirements you need to meet and challenges you need to overcome before you can enjoy the benefits of this visa category, the level of difficulty of the application process will ultimately depend on you, your business, and your application.
Will it be hard for you to obtain an E-2 Visa? Below is what you need to know to answer that question.
What is an E-2 Visa?
An E-2 Visa is a type of treaty investor visa that allows a national of a country that has a treaty of commerce and navigation with the U.S. to live and work in the U.S. based on an investment made into a U.S. business.
This investment must:
- Be substantial, meaning that it is sufficient to ensure the successful operation of the enterprise, and
- Not be marginal, meaning that it generates more than enough income for the investor and their family and creates significant employment opportunities for U.S. workers.
An E-2 Visa, however, is not a permanent residence visa, meaning that it does not lead to a green card or citizenship.
To obtain an E-2 Visa, you must meet the following requirements:
- You must be a national of a treaty country.
- You must have invested or be in the process of investing a substantial amount of capital in a bona fide U.S. enterprise.
- You must own at least 50% of the enterprise or have operational control.
- You must be coming to the U.S. solely to develop and direct the enterprise.
- You must show that you have the skills, experience, and knowledge necessary to perform your role in the business.
- You must have the intent to depart the U.S. when your E-2 status expires.
The E-2 Visa has many advantages for foreign investors who want to pursue their business goals in the U.S., such as:
- You can work legally in the U.S. for your own business.
- You can travel freely in and out of the U.S. without losing your status.
- You can stay in the U.S. as long as your business remains operational and profitable.
- You can bring your spouse and children with you and they can enjoy education and health care benefits in the U.S.
- Your spouse can apply for work authorization and work in the U.S.
What are the Challenges of Obtaining an E-2 Visa?
The process of applying for an E-2 Visa is far from simple. There are many challenges and obstacles that you may face along the way, such as:
- Proving that your investment is substantial and at risk. You need to show that your funds are irrevocably committed to the business and that they are subject to loss if the business fails.
- Proving that your business is bona fide and not marginal. You need to provide a comprehensive business plan that shows that your business can generate more than enough income for you and your family and create significant employment opportunities for U.S. workers.
- Proving that you have operational control and managerial skills. You need to provide evidence of your ownership or control of the business, such as corporate documents, stock certificates, board resolutions, etc. You also need to show that you have the skills to perform your role in the business.
- Proving that you have the intent to depart the U.S.
You need to show that you have ties to your home country that you do not intend to abandon, such as property, bank accounts, family, or other interests. You also need to show that you do not plan to stay permanently in the U.S.
How to Increase Your Chances of Success
If you want to increase your chances of obtaining an E-2 Visa, you should follow these tips:
- Start planning early. The E-2 Visa application process can take several months or even years, so you should start planning your investment and gathering your documents as early as possible to avoid delays and complications.
- Choose a suitable business. The success of your E-2 Visa application largely depends on the viability and profitability of your business, so you should choose a business that matches your skills and has the potential to grow and expand in the U.S. market.
- Hire an experienced immigration attorney. An immigration attorney can help you navigate the complex immigration laws and regulations that apply to your case as well as prepare and file your E-2 Visa application and represent you before the U.S. consulate or embassy where you apply.
If you are looking for a reliable and reputable immigration law firm to help you obtain an E-2 Visa, look no further than Jurado & Associates, P.A. We are a team of dedicated and experienced immigration attorneys who have helped many foreign investors achieve their American dream through the E-2 Visa program. Are you ready to start the business of your dreams in the greatest economy in the world? Contact us today for an initial consultation. You can reach us by phone at (305) 921-0976, by email at [email protected], or by WhatsApp at +1 (305) 921-0976. We look forward to hearing from you and helping you achieve your goals.