Qualifying for the E-2 Visa involves meeting several essential requirements. In this comprehensive guide, we’ll outline the key qualifications you need to fulfill in order to apply for and obtain the E-2 Visa.
1. Nationality
To be eligible for the E-2 Visa, applicants must be considered “treaty investors,” which means they must hold nationality in a country with a treaty of commerce and navigation with the United States. All E-2 Visa applicants must be citizens of one of these designated “treaty countries.” Additionally, applicants must demonstrate the intent to come to the United States to manage and develop a new or existing business in which they have made a substantial capital investment.
2. Substantial Investment
A significant aspect of E-2 Visa qualification is making a “substantial” capital investment in a U.S. business. While there is no fixed dollar amount for this requirement, the investment must be substantial relative to the specific business venture. The amount of capital needed varies depending on whether you are establishing a new business entity or purchasing an existing one. Some applicants have obtained E-2 Visas with investments as low as $25,000, but it is generally more challenging to secure this type of visa with smaller investments.
Your capital investment must be irrevocably committed to the business, and you must invest the funds into the business BEFORE obtaining your visa. Although this may seem risky, you can place the funds in a special escrow account, and they will only be released if your visa is approved.
To qualify for the E-2 Visa, you must prove that your investment comes from a qualifying soure and that it is derived from a lawful source, free from any criminal activities. Gifts from family members or friends, as well as personal loans, are acceptable sources of capital, if your E-2 business is not used as collateral for the loan.
3. Marginality
The USCIS requires applicants to demonstrate that the business in which they are investing meets the “marginality requirement.” This entails showing that the business will generate sufficient income to support you, your family, and make a positive impact on the U.S. economy by creating jobs for U.S. workers within five years of obtaining the visa.
To establish that your E-2 business is not marginal, your application should include specific projections regarding the number of U.S. workers you plan to hire once your business becomes operational. While projections may be speculative for new businesses, hiring American workers immediately after obtaining your E-2 Visa can enhance the credibility of your business projections.
Do You Qualify for the E-2 Visa? Jurado & Associates, P.A. Can Assist You
Navigating the E-2 Visa application process can be complex, and applying without professional guidance poses risks due to the potential for errors. Working with an experienced immigration attorney is highly recommended to ensure a successful application. Meeting the eligibility criteria is just the beginning; your application must also meet specific requirements, and our team can help ensure it does.
Jurado & Associates, P.A.’s Immigration Attorneys will gather, prepare, and submit all necessary documents on your behalf, representing you throughout the application process. For assistance in pursuing the E-2 Visa, contact us at (305) 921-0976 to speak with one of our attorneys or email [email protected] to schedule a consultation. Take the first step toward becoming part of the world’s greatest and most dynamic economy.
