How to grow your business with the E-2 visa

E-2 Treaty Visa

If you are an investor and looking for a way to work in the US, consider the?E-2?visa. The E-2 visa is issued to?E-2 treaty investors and their employees?who are nationals of countries with a treaty of commerce and navigation with the United States. Watch our short video about the E-2 visa at McBean Immigration TV.

Who Qualifies For Treaty Investor?Visa?

To qualify for?E-2 treaty investor visa:?

• The foreign national of a treaty country must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.?
• The E-2 investor must be able to establish their intention to enter the United States solely to develop and direct the investment enterprise.
• At least?50% ownership of the enterprise?or possession of operational control through a managerial position or other corporate device.

Who Qualifies For E-2?Investor?Visa?

Investment for?E-2 purposes?pertains to the?treaty investors?putting in?capital,?including funds and/or other assets, at risk in the commercial sense with the objective of generating a?profit. The?treaty investor?must show the?legal source of funds, including their own saved income. Funds can also be from an unconditional gift or secured through a loan based on a collateral of the E-2 investor’s personal assets.

How Does It Work?

Nationals of treaty countries must own at least?50%?of a business for it to qualify as an?E2 investor.?

Except where a business is controlled equally by nationals of two treaty countries, a business may only have one nationality for E2 purposes.?

Where a business is controlled equally by nationals of two treaty countries, persons from either treaty country will be eligible for E2 visas.

Family Members

Family members?of E-2 visa holders are eligible for dependent visas. The spouse of an E-2 principal is entitled to work authorization.

How Long Can You?Stay In The US?

Qualified treaty investors and employees will be allowed a maximum initial stay of?two years. Requests for extension of stay?in, or changes of status to, E-2 classification may be granted in increments of up to two years each.

There is?no limit to the number of extensions?an E-2 nonimmigrant may be granted.

All?E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

How To Get Started?

Application for E-2 visa?can be filed with USCIS or at a US embassy/consulate abroad. To determine if you are a national of a treaty country, please check?here.

For potential treaty investors, you can assign an agent to set up your business in the U.S.

Or, if you have a?B-1/B-2 visa, you can come to the US to?attend meetings?with people who can assist you in?setting up?your company.

You cannot, however, run and operate your business while on a B visa.

If you are considering the E-2?visa, speak with us for professional guidance.

Contact McBean Law at (516) 866-3900 to schedule an in-person or virtual consultation. Our office is located in White Plains, New York. Learn more about our services at www.mcbeanlaw.com/services. Subscribe to our LinkedIn newsletter, Grow In America for more articles. Please share this with your feed!

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This summary?does not constitute legal advice or opinion. It is for general information purposes only. Consult a licensed immigration lawyer to discuss your unique situation.