Do you want to live in the United States with an E-2 Visa? This may interest you.
The E-2 Visa is intended for nationals of countries that have a qualifying treaty of commerce and navigation with the United States who want to invest in an existing business. It also applies to investors who intend to start a new business. Here you will find details about how this visa works, its requirements, limitations, and benefits.
Who can obtain an E-2 Visa?
This visa allows qualifying individuals to come to the United States to supervise an investment. It can be renewed indefinitely as long as the investment remains active and continues to meet the applicable requirements.
E-2 Visa requirements
The investor must be a national of a country that has a qualifying treaty with the United States. The investment must be substantial and irrevocably committed. It must be made in a real, operating business. The business should be able to generate more than the minimum income needed to support the investor and their family—in other words, it should have an economic impact in the United States. The investor must control the invested funds, place them at risk, and come to develop and direct the enterprise.
Frequently asked questions about the E-2 Visa
How much do I have to invest? The short answer is that there is no fixed minimum amount. The regulations require the investment to be substantial, so determining whether the investment is substantial is a key part of the analysis.
What makes an investment qualify?
An investment may be sufficient to finance a business start-up, such as inventory, essential equipment, or required office or storage space. It may also be sufficient to acquire an existing business. For example, an investment of USD 180,000 to purchase a pizzeria valued at USD 180,000 would likely be considered substantial.
Every case is different. The fact that an acquaintance obtained an E-2 Visa after investing USD 150,000 does not mean another investor will receive the same result with the same investment. Each business requires a strategy based on its own facts.
Can I obtain an E-2 Visa through real estate investments?
Generally, purchasing a residential property for personal use or to generate passive rental income does not qualify for an E-2 Visa. However, strategies involving the purchase and management of real estate may help certain investments qualify.
What businesses qualify for an E-2 Visa?
The business must be real and active, with continuous and systematic services or sales of goods. Businesses that have or expect to have employees in the United States may qualify when the investor is a national of the treaty country and owns and controls at least 50% of the business.
Does buying an existing business guarantee an E-2 Visa?
No. Spending capital to acquire a business, regardless of the amount, does not guarantee an E-2 Visa. E-2 applications are evaluated on their own merits and must comply with a series of requirements. Consulting an experienced immigration attorney before purchasing a business can help develop a strategy and protect invested capital through appropriate legal instruments.
What is an at-risk investment in a real and operating business?
Risk refers to the commercial possibility of losing invested capital if the business does not produce the expected results. The Department of State also makes clear that passive investments do not qualify; the enterprise must be real and operational. The E-2 Visa is a powerful tool for entrepreneurs who want to develop a business, not for people seeking passive income or simply to preserve capital.
What are the benefits of an E-2 Visa for an investor?
An E-2 Visa allows the investor to remain in the United States while the investment remains active and compliant. Because there is no statutory maximum number of renewals, the visa may be renewed repeatedly. The investor may work for the business and receive a salary, and may bring essential or trusted employees who share the investor’s nationality under E-2 status.
Are there benefits for an investor’s family members?
Yes. A spouse and children under 21 may qualify as dependents. They may remain in the United States with the principal investor and study. The spouse may also apply for work authorization and seek employment.
What limitations does the E-2 Visa have?
The E-2 Visa is a nonimmigrant visa and does not directly lead to permanent residence or a Green Card. There may be ways to use the same business as part of a strategy for other immigration benefits, but this must be evaluated by an attorney because not everyone qualifies.
The E-2 Visa offers unique opportunities to investors who want to establish a business in the United States, whether by purchasing an existing business or starting a new one. Because investment qualification involves discretion, tailored strategies may help an investor reach their goals. Every case is unique and decided on its own merits, so you should consult an immigration attorney who can evaluate your circumstances.
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