Many people dream of coming to the United States and starting a business. However it is difficult to get a visa to enter the United States unless you have U.S. resident family members or an U.S. employer to sponsor you. There is another option for foreign nationals to temporary reside in the United States. Individuals from countries that have an investment treaty with the United States have the option of investing in a new business and entering the United States on an E-2 Investor Visa.
So what is required to apply for an E-2 Investment Visa?
The amount of the investment is dependent on the type of the company. While there is no minimum stated amount, an investment closer to $100,000 or more increases the chance for approval.
- Number of Investors
There can be many partners from the treaty nation but only one partner can enter the United States on an E-2 to manage the business operation.
The business can have U.S. resident partners but investors from the treaty investor country must have control of the business.
- Risk of Loss
The E-2 investor must bear the risk of loss in case business failure. Loans secured by the investor's personal assets are allowed but loans secured by business assets is not allowed.
- Type of Investment
The investment must be in a physical business operation. Speculative or passive investments are not allowed.
What are the benefits of an E-2 Investment Visa?
- Managers and Specialty Employee
E-2 Investors can petition to bring managers and specialty employees to run the business operation. The manager must be a high level manager that will run the business operation. The specialty employee must have “special skills” that is unique and required for the business.
- Derivative Family
E-2 Investors and their E-2 Employees can bring their spouse and children under the age of 21 with them to the United States.
- Employment for E-2 Spouse
The E-2 Spouse can obtain an unrestricted employment authorization document which will allow work anywhere in the United States.
- Schools for E-2 Children
Children under 21 of E-2 status holders have similar educational benefits as U.S. residents such as entering local schools.
- No Extension Limits
The E-2 Investment status can be extended in two year increments as long as the qualified investment enterprise is still in operation as outlined in the initial submission.
What TLS can do for you
We offer professional and reliable assistance on E-2 Investment Visa for individuals from countries that have an investment treaty with the United States. Our service package includes the following:
- Guidance on E-2 Investment Requirements
- Advice on the Formation of the Business
- Advice to Ensure the Proper Transfer of Funds
- Assistance with Obtaining IRS Tax ID Number
- Advice on the Opening of Financial Accounts
- Guidance with the Preparation of the Business Plan
- Packaging of the Documents
- Completing the E-2 Visa Form
- Monitoring the E-2 Case Processing
- Attorney Representation with the Consular Office
- Access to a Licensed U.S. Immigration Attorney
- E-2 Interview Preparation
- Advice on E-2 Business Requirements Post-Visa