The E2 visa is a common visa option for immigrants and business investors looking to come to the United States. To obtain an E2 visa, there are a number of requirements that must be met. This blog post from McBean Law, a top New York immigration law firm, will outline 7 key E2 visa essentials that are important to understand when applying. Keeping these factors in mind and working with an experienced immigration attorney can help increase one’s chances of having a strong application.
LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by foundingMcBean Law. If you need help with your or a loved one’s visa,contact us hereor call us today at(888)-462-4006to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.
1. The Investor Must be a Citizen of an Eligible Treaty Country
The first requirement for the E2 visa is that the investor has citizenship in a country that has a qualifying treaty of trade and commerce with the United States. There are over 80 eligible treaty countries, including popular countries like Canada, Mexico, the UK, Germany, and Japan among others. An immigration attorney can advise if one’s country of citizenship qualifies for E2 eligibility.
2. A Substantial Amount of Capital Must Be Committed
A coreE2 visa requirementis demonstrating that the individual has invested or is actively in the process of investing a “substantial amount of capital” in a U.S. business. Although a set monetary threshold is not defined under immigration law, typically an investment of $100,000 or higher is considered acceptable. An experienced immigration attorney can evaluate one’s planned or made investments and provide guidance on meeting this essential requirement.
3. The Investor Must Be Coming to the U.S. to Develop and Direct the Enterprise
E2 applicants must show they are entering the U.S. with the sole purpose of developing and directing the invested business. This means having day-to-day managerial control or hiring direct employees to oversee operations. Passive investors who do not manage the U.S. business themselves usually cannot qualify. Again, an immigration attorney can help gather the right documentation about one’s planned involvement.
4. The Investment Must Place Capital at Risk
The E2 investment must place the invested capital at risk and the investor must have the intent to gain a return on investment. Simply parking money in an idle account does not meet this requirement. The funds should be used to build facilities, purchase equipment and inventory, hire employees, and otherwise operate an active business. An immigration attorney can determine if one’s investment and business plans satisfy this criteria.
5. The Investment Cannot Be Marginal
The E2 business cannot be marginal, meaning it does little more than provide a living for the investor and their family. It should be an operating enterprise that contributes to the U.S. economy through job creation, sourcing U.S. goods and services, and other measures. 8-10 newly created jobs is a common benchmark, but an immigration attorney can offer tailored guidance on building an appropriately-scaled business.
6. The Investor Must Plan to Depart the U.S. When the E2 Status Ends
Those seeking the E2 visa must maintain a residence abroad they have no intent to give up. The E2 is a temporary status, so applicants must plan to depart the U.S. when their visa term ends. They cannot use it as a way to permanently live in America. U.S. consular officers seek concrete proof of one’s foreign residence such as home ownership documents, a lease, bank records, or other assets. An immigration attorney can help provide this documentation.
7. Restrictions on Employment Authorization
Lastly, E2 investors and employees must understand restrictions on employment authorization. While E2 principals have unlimited employment authorization to work in their invested business, limitations apply for employees. TheE2 investor visacan only sponsor employees holding executive, managerial, or essential skills positions within the treaty-qualifying company. An immigration attorney provides the best counsel on legally structuring one’s U.S. staff.
Next Steps After Learning the E2 Visa Requirements
As covered above, meeting each of the seven E2 visa requirements is essential for approval but can also prove complex. The best way to navigate the application process is by working with an experienced immigration attorney. McBean Law has years of in-depth experience helpingE2 applicantsproperly establish and document their credentials. Contact us today to schedule an initial consultation, and an immigration attorney will be happy to discuss one’s immigration plans.
1. What is the minimum E2 investment amount?
While no fixed figure is defined in immigration law, typically an E2 investment of $100,000 or higher is deemed substantial enough at minimum. However, the higher the funds one can invest, the stronger an application will be. An immigration attorney can provide tailored guidance based on one’s assets.
2. What businesses qualify for the E2 visa program?
In general, all legitimate, operating businesses that are not passive qualify for E2 purposes. However, certain types such retail, personal services, and speculative ventures receive additional scrutiny. An immigration attorney can evaluate one’s investment plans to ensure they meet qualifications.
3. Can I buy an existing business for the E2 visa?
Yes, purchasing an existing U.S. business also fulfills theE2 investment criteriaso long as all other requirements are met. This route is common for those seeking an established income stream compared to starting a new enterprise. An immigration attorney will still evaluate eligibility factors regardless of this purchase choice.
4. How long can I stay in the U.S. with an E2 visa?
Initial E2 approval allows a maximum stay of up to five years, with unlimited renewals possible in additional five-year increments. There is no cap on the total length of time one can maintain E2 status assuming eligibility criteria continues to be met at each renewal stage.
5. Can my family also gain E2 dependent status?
Yes. If approved for the E2 visa, an immigrant investor can sponsor a spouse and unmarried children under 21 years of age to accompanying them to the U.S. as E2 dependents. They are also eligible for employment authorization to work in the U.S. An immigration attorney provides guidance on this process.
Preparing an eligible and well-documentedE2 visa applicationtakes thorough planning, time, and attention to intricate details. By understanding the seven essential visa requirements outlined here and working closely with an experienced immigration attorney like those at McBean Law, investors greatly strengthen their petition. Contact our office today to schedule a consultation, and an immigration attorney will be happy to discuss one’s immigration plans.
Getting an E2 visa can be complicated, but the business and investment opportunities make it worthwhile. If you’re considering applying or just want to learn more, contact our E2 visa attorneys atMcBean Lawtoday for a free consultation. We’ll assess your eligibility and create a customized plan to help get you through the process smoothly. Call us now at(888)-462-4006.
