Who Can Apply for an E-2 Investor Visa?
The E-2 investor visa is an excellent opportunity for foreign nationals who want to invest in and direct a business within the United States. To qualify, applicants must meet specific criteria, ensuring they can significantly impact the business’s operations.
Firstly, applicants must own at least 50% of the business they will be developing and directing. This level of ownership ensures that they have substantial control over the business’s operations and strategic direction.
Additionally, applicants need to possess a valid passport from one of the more than 80 E-2 treaty countries. These countries have established treaties of commerce and navigation with the United States, allowing their citizens to apply for this visa. Importantly, the applicant’s country of birth and, in most cases, their country of residence do not affect eligibility. For those who do not initially qualify, there are pathways to acquire E-2 treaty country nationality through investment, broadening access to this visa.
Another critical requirement is that the business must be an active, for-profit enterprise. This means passive investments, such as merely owning shares in a company without active involvement, do not qualify. The investor must be engaged in the day-to-day management and operational decisions of the business.
The investment itself must be substantial. While no specific amount is mandated, the investment should be significant enough to ensure the business’s successful operation. This typically includes covering startup costs and providing sufficient capital to sustain the business until it becomes self-sustaining. The investment amount is usually over $50,000.
The business should also not be marginal, meaning it should generate more than enough income to provide a living for the investor and their family within five years. This means that the E-2 business must create U.S. jobs. Generally, the government is looking for at least three full-time jobs over a 5 year period.
If you have questions about the E-2 visa or need help with your application, be sure to explore our free resources and book a consultation. Our team is dedicated to helping you navigate the complexities of immigration law and achieve your goals.
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