QUICK GUIDE TO THE UNITED STATES E-2 VISA

Qualifying for an E-2 Investor Visa

To qualify for an E-2 Treaty Investor Visa, an applicant must meet the following criteria:

• Citizenship or permanent residency in a country that has a treaty of commerce and navigation with the United States: There are currently 78 E-2 countries.
• Investment of a substantial amount of capital in a U.S. business, either by purchasing an established enterprise or starting a new one. This is applicable to entrepreneurs and investors who are the primary applicants for the E-2 visa.
• The primary purpose of the investor is to direct the commercial enterprise in compliance with U.S. legal requirements.
• The investor must maintain at least 50% ownership of the U.S.-based enterprise or retain managerial and operational control if they cannot maintain majority ownership, demonstrating genuine commitment to the business’s success.
• The investment of capital (funds and/or assets) must be directed towards services and goods that generate profit, with the understanding that the investment may be subject to partial or total loss if the enterprise fails.

Non-Qualifying Enterprises

Marginal enterprises or businesses applying for an E-2 visa will be rejected if the commercial venture is deemed incapable of supporting the investor and their family’s financial needs long-term (typically within five years)

E-2 Visa Terms and Conditions

1. A treaty investor or employee can only work according to the E-2 visa terms and conditions. However, an E-2 employee may also work for the treaty organization’s parent company or one of its subsidiaries. The E-2 visa status can be renewed indefinitely, as long as the visa holder continues to meet the necessary requirements.

2. If there is a significant change in the treaty investor’s or employee’s status (e.g., a business merger, acquisition, sale, or change in duties), evidence of continued eligibility for E-2 classification is required.

Whos’ Eligible?

Entrepreneur and Investors from the following countries may apply for an E2 visa.

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Hungary, Iceland, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia,Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia

Conclusion

The E-2 Investor Visa presents a unique and advantageous option for entrepreneurs, investors, and business professionals looking to establish or expand their businesses in the United States. By meeting the specific criteria and choosing the right business venture, E-2 visa holders can successfully navigate the complexities of relocation and immigration, ultimately achieving their business and personal goals.

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Lexicon

• E-2 Investor Visa: A non-immigrant visa category for foreign entrepreneurs who invest a substantial amount of capital in a U.S. business and plan to direct and develop that enterprise.
• Treaty of commerce and navigation: An international agreement between countries that establishes rules and regulations for trade, investment, and navigation.
• Substantial amount of capital: A significant investment of funds or assets in a business that is sufficient to ensure the investor’s commitment and the enterprise’s financial viability.
• Commercial enterprise: A legal, for-profit business that engages in the production, purchase, sale, or exchange of goods and services.
• Legal requirements: Rules and regulations governing the operation of a business or the conduct of individuals within a jurisdiction.
• Majority ownership: Holding more than 50% of the ownership interests in a business, giving the owner control over the enterprise’s management and decision-making.
• Managerial and operational control: The authority to make key decisions and oversee the daily operations of a business.
• Marginal enterprises: Businesses that do not generate enough income or have the potential to create a significant economic impact, often disqualifying them for E-2 visa consideration.
• Alien employer: A foreign national who owns or controls a business in the United States and employs other individuals.
• Executive or supervisory duties: High-level responsibilities within an organization that involve decision-making, oversight, and strategic planning.
• Special qualifications: Unique skills or expertise that are essential to the success of a business, often making an individual eligible for an E-2 employee visa.
• E-2 classification: The legal status granted to eligible foreign investors and their employees under the E-2 Treaty Investor Visa program.
• E-2 status: The condition of being granted and maintaining eligibility for the E-2 Treaty Investor Visa.
• Dependents: Family members, such as spouses and unmarried children under the age of 21, who rely on the primary visa holder for financial support and residency.
• Franchises: Business arrangements where a franchisor grants a franchisee the right to use its trademarks, products, and business model in exchange for fees and royalties.
• Information technology: The use of computers, software, and telecommunications equipment to store, retrieve, transmit, and manipulate data.
• Software development: The process of designing, coding, testing, and maintaining computer programs and applications.
• Architecture and design: The planning, creation, and execution of buildings, structures, and other physical environments, often requiring specialized expertise and skills.
• Profit history: A record of an enterprise’s financial performance, typically including revenues, expenses, and net income.
• Operating costs: The day-to-day expenses associated with running a business, such as rent, utilities, salaries, and supplies.
• Established customer base: A group of existing clients or consumers who have previously purchased goods or services from a business.
• Business sponsorship obligations: The responsibilities that a U.S. citizen or business entity may assume when sponsoring a foreign national for a visa, typically including financial support and compliance with immigration regulations.