THE E-2 VISA EXPLAINED
Our immigration lawyers receive many calls about the E2 visa, but its popularity has recently increased; it is our lead attorney’s favorite visas. The E-2 visa is wonderful, allowing people from many countries, including Western European nations, Australia, Mexico, and Canada, to invest as little as $150,000 in a new business. The visa holder can remain in the United States for an indefinite amount of time, as long as the person has the 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 minimum investment for an EB-5 increases to $800,000 and $1,050,000 in August 2024, making the E-2 visa a very attractive option for anyone from a treaty country. Additionally, unlike the L-1 visa, the E-2 investor visa doesn’t require 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, 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 E-2 holder to obtain a Green Card.
What is the difference between E1 and E2 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 are related to 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 holder’s country.
What are the E2 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 gray 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 must 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 simply place money in a bank account for operating expenses—operating expenses are in addition to your initial investment.
Finally, you may want to file an LLC for protection before applying for an E-2 visa. If licensing is required, you will need to acquire those before applying for the visa as well. View our E-2 investor visa eligibility page for more details about acquiring the visa and learning about employee eligibility.
If you’re ready to relocate to the U.S. 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 assist you in developing a business plan.
Contact our E2 immigration lawyers today for a free consultation at (619-677-5727) or toll-free from Canada at 877-223-4684 , and start working with a legal team that knows both business and U.S. immigration law.
