E-2 Visa

Everything You Need To Know About E-2 Visa

If you are a foreign entrepreneur, an E-2 Visa is one of the most straightforward ways to build your business. An E-2 Visa is a nonimmigrant investor visa that can only be granted to entrepreneurs from a country with a Treaty of Trade and Commerce with the United States. Although there is no dollar amount set, to qualify you need to make a substantial investment in either personal funds or a loan secured with already established property. Keep in mind that the investment amount must be sufficient to develop your business. In order to qualify for an E-2 Visa, you must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation.
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the united states
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or operation control through a managerial position or another corporate device.
  • Your investment includes capital, funds and/or other assets. The treaty investor must show that the funds aren’t the product of illicit activity. The investment must be subjected to partial or total loss if the investment fails

This Visa requires the entrepreneur to put at stake a substantial investment capital. Even though there is no set number for your investment, a substantial amount is:

  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise.
  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one.
  • OF a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher proportionately the investment must be to be considered substantial.
Countries with E-2 Treaty Investor Access

The E-2 Investor visa is only available to those living in a country that has a commerce treaty with the United States. Remember that you do not have to live in those countries to apply for an E-2; you need to be a citizen of a qualifying country. The Department of State maintains a complete list.

Advantages and Disadvantages of the E-2 Visas

These are some of the privileges you gain when you are an E-2 Visa holder:

  • Ability to travel freely in/out of the United States.
  • Work legally in the U.S. with the company
  • Live in the country for extended periods of time and renew your Visa, if applicable.
  • Have workers from your company under your E-2 status

Some of the disadvantages of the E-2 may be:

  • You are limited to operating the specific business the E-2 visa lists. However, if you decide to change your type of business, we can modify and update your e-2 Visa to reflect your new business ventures.
  • Approved in increments of two years, so the application process may be complex depending on the length of time you require.

Spouses and children (Unmarried and under 21 yo) may receive derivatives E visas to accompany the principal visa holder. The spouse of an E visa holder may apply to DHS for employment authorization. One of the most significant advantages for young families is that your children can attend school in the United States and superior education without the need for an F1 Visa. You may also bring employees to help you advance your enterprise, and a critical note to make here is that the derivative employees do not have to be from a country with a treaty, just the Visa holder.

Why the Valdez Law Firm is the right choice for you and your E-2 Visa

Avoid putting your investment and time at unnecessary risk. Rely on the expertise and workforce the Valdez Law Firm has for you. We work as closely as possible with the Government agencies to better serve our clients and abide closely by their newest guidelines. Let’s schedule your consultation to provide you with the best course of action.