E-2 Visas for Treaty Investor
The E-2 visa is specifically designed for international investors. They must inject funds or another form of investment into the United States to qualify for this type of visa.
Main Elements of the E-2 Visa
Investment
The investment requires a commitment of capital, funds, or assets with a commercial risk for profit. Funds must be legally obtained, and there should be potential for all or total loss if the investment proves unsuccessful.
Substantial Amount of Capital
The overall cost of the investment or financial commitment must be significant enough to sustain the enterprise. No specific minimum level of trade or investment is set; the definition intentionally maintains a broad scope.
Bona Fide Enterprise
The investment must be a genuine commercial undertaking, whether operational or a startup aimed at generating goods or services for profit. Furthermore, the enterprise must meet legal specifications for doing business in its location.
Who Is Eligible?
Individuals eligible for E-2 classification must fulfill the following criteria:
They must be nationals of a country with a treaty agreement with the United States. Additionally, they should have invested or be in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S. This enterprise must be a genuine and operational business. Moreover, their purpose for entering the U.S. is to develop an investment enterprise, with the goal of obtaining at least 50% ownership. Importantly, the investment enterprise should not be marginal and must have the present or future capacity to generate sufficient income to cover a minimal living for the treaty investor and their family.
Applying for an E Visa
The application process for an E-visa will vary depending on where you are located—whether it is in the United States or in a treaty country.
It’s essential to note that in addition to meeting the basic eligibility requirements for an E visa, applicants should be aware of additional strategic considerations. These considerations may influence the decision on whether to apply for an E visa through the change of status process within the United States or abroad at their foreign consulate.
Factors such as the applicant’s current immigration status, specific circumstances, and long-term plans can impact the optimal choice between adjusting status within the U.S. and applying through a foreign consulate. Seeking guidance from an experienced immigration attorney is advisable to navigate these nuances effectively and make an informed decision tailored to the individual’s unique situation.
