How The E-2 Visa Can Open Opportunities To Foreign Investors

As the largest and most dynamic economy in the world, the United States has long ranked as the no. 1 choice for?international investors, attracting close to $3 trillion in foreign director investment annually. No matter what your portfolio or business of interest, the potential for a lucrative return on investment is vast – provided you qualify for the visa required of all non-U.S. citizens wishing to invest in the country.

The E-2 Treaty Investor Visa allows individuals, partnerships, or business entities of certain?treaty countries?to enter and work inside the U.S. based on an?investment?they will be controlling while inside the country. Like all visas, there are several requirements and prerequisites to qualify:

• The applicant must have citizenship of?one of the E-2 Visa Countries, and a majority of the business (at least 51 percent) must also be owned by individuals of a treaty country’s nationality.
• The investment must be “substantial”, which is loosely defined as any amount needed to acquire or create a similar existing business. Although this varies proportionally based on the size and nature of the enterprise, the minimum dollar amount is usually $100,000 to $150,000.
• The business in question must be an active and fully operational?commercial enterprise.
• The investor must use their own funds and provide proof of income and evidence that the investment is not made from ill-gotten gains.?Gifts and?personal loans?from family and friends are allowed so long as the business is not collateral.
• The enterprise must be registered in the U.S. and remain strictly domestic. The applicant must provide a?business plan?demonstrating that they can receive adequate income from their investment, and that they have either 50 percent ownership and/or possess operational control.

The E-2 Visa must be renewed every two years, although there is no limit to the number of times the investor can reapply, and he or she is?free leave the U.S. at anytime. However, once the business receiving the investment ceases to operate, the investor must either return to their country of origin or change their status and apply for?another?qualifying visa.

If you have a spouse or children under 21, the E-2 Visa allows you to provide?legal immigration?status to them as well. Note that if your spouse wishes to work in the U.S., he or she must first receive?authorization from the USCIS, the federal agency responsible for approving and administrating visas. Unmarried adult children will not be eligible to work, but can pursue their studies.

Like?many other U.S. visas, the process for applying for the E-2 can be costly and time-consuming. Applicants must generally apply at the U.S. Embassy or Consulate in their country, and need to pay a nonrefundable processing fee of $205 (plus an additional fee for visa insurance for certain nationalities). An interview with a U.S. official is required, and the applicant must complete two prerequisite forms: DS-160 and DS-156E. As an investor or entrepreneur, your time and money are valuable, and you’ll save plenty of both when you enlist the help of a?qualified immigration lawyer?from Jurado & Farshchian, P.L

Our firm has a successful track record of?helping?E-2 Visa Treaty Investors?pursue their entrepreneurial ventures in the U.S. We can help you navigate through the complex U.S. visa process and determine which investment visa is best suited for your business and investments goals. We understand the complexity of the U.S. visa process, including the latest developments and rule changes. If you have big plans and dreams in the U.S., we’ll be with you every step of the way to make them happen. Call?305-921-0440?or email?[email protected]?to learn what we can do for you.

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