What is an E-2 Visa?
The E-2 visa is a wonderful visa allowing people from many countries, including Western European nations, Australia, Mexico, and Canada, to invest as little as $150,000 in new business. The visa holder can remain in the United States for an indefinite amount of time, as long as the person has the mental intent to return to their country of origin at an unknown time in the future.
The investment required for an E-2 Treaty Investor Visa is far less prohibitive than investing in the EB-5 Green Card. The bare minimum investment for an EB-5 becomes $800,000 and $1,050,000 in August of 2024, making the E-2 visa a very attractive option for anyone from a treaty country. Additionally, unlike the L1 visa, the E-2 investor visa doesn’t require the ownership of a company abroad.
The E-2 visa provides the investor with the opportunity to start and run a company in the United States. The investor can create a company, purchase a company, or even purchase a franchise. If the spouse of the treaty investor obtains work authorization, then they can work for either the E-2 company or someone else. The children of the E-2 visa principal can attend school, as well. The spouse can obtain an offer of employment and ‘Green Card Sponsorship’ allowing the principal E2 holder to obtain a Green Card.
What is the difference between E-1 and E-2 visas?
The E-1 Treaty Trader Visa is for people involved in treaty ‘trading,’ whereas the E-2 visa is for all other investors. Although most of the E-1 visa calls we receive have to do with import and export activities, E-1 trade also involves goods, services, international banking, insurance, transportation, tourism, technology, technology transfer, and certain news-gathering activities. If the E-1 visa holder is importing and exporting, most of the company’s trade must be with the E-1’s country.
What are the E-2 Visa Requirements?
The four general E-2 visa requirements:
- The treaty investor must be a national of a treaty country
- The treaty investor must have invested, a substantial amount of capital in a bona fide enterprise (this is a grey area and depends on the industry chosen).
- The investor must be seeking to enter the U.S. solely to develop and direct the business
- The enterprise must not be marginal and generate a substantial amount of income
The E-2 visa requires a detailed business plan with at least three years, preferably five, of financial projections, as well as SWOT, marketing, advertising, and demographic analyses. The business cannot be home-based and must have an office.
Before applying for an E-2 visa and submitting your case, you should invest in your enterprise. The enterprise investment must be made before the case is submitted, and yes, the government wants receipts. You should not just place money in a bank account for operating expenses. Operating expenses are an addition to your initial investment.
Finally, you may want to file an LLC for protection before you apply for an E-2 visa. If licensing is required, you will need to acquire those before you apply for the visa, as well. View our E-2 investor visa eligibility page for more details about acquiring the visa and learn about employee eligibility.
If you’re ready to relocate to the US and invest in growing a business, don’t start the process alone. The attorneys at My Immigration Attorney are here to help you. Not only can our team help prepare your case, but we can also help you develop a business plan. Contact us today for a free consultation (619-677-5727) (From Canada toll-free 1-877-223-4684) and start working with a legal team that knows business and U.S. immigration law.