The E-2 Visa is one for foreign investors who want to run a business while staying in the United States. There are four categories of requirements in order to qualify for an E-2 Visa: the foreign investor, the business/investment, employees, and family members.
There are different requirements for this set of people, and this post will highlight these requirements.
Requirements for the Foreign Investor
As a foreign investor, in order to qualify for an E-2 visa, you have to meet these personal requirements:
- You have to be a national of a treaty country.
- You need to invest a substantial amount into a business in the United States. This investment can be before or during your application for an E-2 visa.
- You also have to establish that you want the visa in order to easily direct and control your US investment. You can easily establish this by proving that you own 50% or more of the business. You can also establish that you are in a senior managerial position.
Requirements for the Investment/Business
According to the immigration service, investment means the placement of capital into a US business. This can either be in the form of cash or other similar assets. The funds should be commercially at risk if the business fails. The money also needs to come from a clean source.
In defining what a substantial investment is, the immigration service looks at the following:
- The cost of your investment compared to the value of the new or existing business.
- Whether the investment is large enough to ensure your financial commitment to the success of the business.
The business should also not be marginal. This means that it should be able to generate enough profit to cover more than your household needs. A new enterprise doesn’t immediately have to meet this requirement. However, you need to establish that the business will develop enough profit within the first five years of getting the visa.
Requirements for a foreign Employee
You can also bring a foreign employee under an E-2 visa. In order to qualify, the employee has to come from the same country as the foreign investor or the foreign company. The foreign employee also has to be in a managerial or executive position. If he is not in an executive or managerial position, the employee has to be a highly skilled employee.
Requirements for Family Members
Your family members can also be covered under an E-2 visa. These family members have to be your spouse or children under the age of 21. They don’t have to be of the same nationality with you. This also applies to the family members of an employee qualified for an E-2 visa.
Get Legal Guidance for E-2 Visa Requirements
The application process for an E-2 visa comes with its own series of complications. To ensure that you don’t make any costly mistakes, you need to get legal guidance. You can easily get this by contacting one of the experienced immigration attorneys at Jurado & Associates P.A You can easily give us a call at (305) 921-0976. Alternatively, you can send an email to Romy@jflawfirm.com