E2 Investor's Visas
Posted on Feb 17, 2014 7:02am PST
Treaty Investor's Visas – E2
Who May file for an E2 investor's visa?
A national of a country with which the United States maintains a treaty of commerce and navigation who would like to invest a substantial amount of capital in a US business. Certain employees of the E2 applicant may also be eligible for E2 status.
Can I bring my family to the United States?
Holders of E2 visas (treaty investors) may be followed by their spouses and unmarried children who are under the age of 21. Spouses and unmarried children under 21 may seek E2 non-immigrant status as dependents.
Can my spouse work in the United States?
Yes, if your spouse obtained dependent E2 status, she/he can apply for work authorization.
What are the requirements for obtaining an E2 visa?
In order to obtain an E2 visa, the applicant must meet the following general requirements:
- The applicant/investor must be a national of a treaty country.
- The applicant/investor must have invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States.
- The applicant/investor must be coming to the United States solely to develop and direct the enterprise.
- The applicant/investor must have control of the funds, and the investment must be at risk in the commercial sense.
- The investment may not be marginal. It must have the capacity to generate significantly more income than just to provide a living to the investor and family.
What is a substantial investment?
No specific amount of investment qualifies as a "substantial investment." In order to determine whether a particular investment qualifies as "substantial," officers evaluate the proportion between the amount of the funds invested and the value of the business. For example, an investment in the amount of $75,000 may qualify as substantial depending on the type and value of the business. Also, the investment must be sufficient to ensure the applicant's financial commitment to the operation of the enterprise. The lower the cost of the enterprise, the higher, the investment must be to be considered substantial. For further guidance on what constitutes a substantial investment, please consult with a lawyer who will be able to engage into a detailed analysis of your business plan.
Can I apply for E2 status while in the United States?
Yes, you can. However, you will have to show that you have maintained lawful status while in the United States. Any E2 petitions and change of status applications must be filed before the expiration of your current status.