E-2 Investor Visa: Your Pathway to U.S. Business Ownership

Introduction

Are you a foreign entrepreneur, executive, or consultant dreaming of establishing or expanding your business in the United States? The E-2 Investor Visa might be your golden ticket. This visa allows qualified individuals to live and work in the U.S. while investing in and managing their enterprise.

What is an E-2 Investor Visa?

The E-2 visa is a non-immigrant visa designed for individuals from countries with a treaty of commerce and navigation with the United States. It enables investors to develop and direct a U.S. business in which they have invested, or are actively investing, a substantial amount of capital.

Key Advantages of the E-2 Visa:

  • No Minimum Investment: While a "substantial" investment is required, there's no set dollar amount.

  • Relatively Fast Processing: E-2 visa applications are processed at U.S. embassies or consulates, often resulting in faster decisions than petitions filed within the U.S.

  • Spouse and Children Benefits: Spouses can obtain work authorization, and children can attend U.S. schools.

E-2 Visa Requirements: A Detailed Look

  1. Nationality: The investor must be a citizen of a treaty country. For companies, at least 50% ownership must be held by treaty country nationals.

  2. Investment: The investment must be "substantial" and at risk, meaning it's irrevocably committed to the business and subject to loss.

  3. Real and Active Business: The business must be a real, operating commercial enterprise. Idle investments (like undeveloped land) don't qualify.

  4. Marginality: The investment cannot be marginal. It must generate more than enough income to support the investor and their family within five years.

  5. Develop and Direct: The investor must play a key role in developing and directing the business, either through majority ownership, a managerial position, or significant operational control.

Who Can Work on an E-2 Visa?

E-2 visas are typically granted to:

  • Executives/Supervisors: Those who have primary executive or supervisory responsibilities.

  • Essential Skilled Employees: Individuals with specialized skills critical to the company's U.S. operations.

How Bordercall Can Help

Navigating the E-2 visa process can be complex. Bordercall can:

  • Assess your eligibility and guide you through the requirements.

  • Help develop a comprehensive business plan to demonstrate the viability of your investment.

  • Mitigate investment risk with escrow accounts, protecting your funds until visa approval.

  • Prepare and submit your visa application, increasing your chances of success.

  • Prepare you to ace your consular interview.

Conclusion

The E-2 visa offers a unique opportunity for foreign investors to realize their American dream. If you're ready to take the next step, don't hesitate to reach out to Bordercall and make your U.S. business venture a reality.

Schedule a consultation with Attorney Matt Hughes today to discuss your E-2 visa options.

Previous
Previous

Expert Perspectives on B-1 in lieu of H-1B Visas: Opportunities and Risks

Next
Next

Navigating H-1B Extensions and the Green Card Process in the EB-3 Category: A Step-by-Step Guide