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E-2 Visas For Treaty Investors

Immigrants wishing to invest in a business or enterprise in the United States may qualify for an E-2 Visa created by the United States specifically for investors. To qualify, the investing immigrant must be from a one of a list of treaty countries (see http://travel.state.gov/visa/fees/fees_3726.html), and must meet other specific requirements as described below.

What benefits do I receive as an E-2 Visa Investor?

As an E-2 Visa Investor, you will be allowed to enter and remain in the United States to oversee the operation of the enterprise. E-2 Visas are valid for five years, but may be renewed in two-year increments as long as the enterprise continues to qualify under the E-2 regulations promulgated by the U.S. government.

What requirements do I have to meet to qualify for an E-2 Investor Visa?

To qualify for an E-2 Visa as a foreign investor, you must demonstrate that:

  1. You are from one of the treaty countries;
  2. The amount of your investment in the U.S. business enterprise is “substantial”. The amount invested must be sufficient to ensure that the business will be successful. While the law does not necessarily require you to meet a specific amount of investment, certain embassies or consulates do require the investment to meet a certain amount (Canada, for example, generally requires at least $100,000);
  3. The operation must be an actual, operating one, rather than a speculative one;
  4. The funds you plan to commit to the business must actually be at risk, as opposed to just promised or sitting in a bank account from which you can withdraw at any time. Real property owned by the investor will not qualify;
  5. The investment may not be “marginal”, meaning it must produce revenue in addition to just a living for the investor and his or her family;
  6. The investor must be coming to the U.S. to develop and direct the enterprise, and must either be the principal investor or employed in a supervisory, executive, or highly specialized category. The investor is not supposed to engage in everyday labor and tasks.

 

What documentation do I need to submit when applying for an E-2 Investment Visa?

E-2 Investor Visa applications generally require a substantial amount of supporting documentation to demonstrate that the investor and the investment enterprise meet the requirements stated above. As each individual is different, so is each business. As such, the documents needed to establish the criteria vary drastically from case to case. For example, the documentation we requested from a client investing in a $50,000 restaurant enterprise varied greatly from what we requested from a client investing in a $92 million power plant.

At Deere Law, LLC, we generally start by working with the client to develop a thorough business plan that addresses each of the E-2 visa requirements. We also provide our client with a list of documents to provide to us, which we may need to modify throughout the case as new facts and issues arise.

Can I include my family members on an E-2 Visa application?

E-2 Treaty Visa applicants can include their spouses and children (under 21) on their applications. The spouse can obtain authorization to work in the U.S. while the E-2 Visa is in use. Dependent children, however, are not authorized to work in the U.S.

E-2 Visa cases are among the most complicated types of immigration matters. If you are considering applying for an E-2 Visa, you should consult with an experienced immigration attorney.

Call us today at (719) 633-3377, or email us, to find out why immigration attorney Josh Deere at Deere Law, LLC has received an AV Preeminent® Peer Review Rating from Martindale-Hubbell® in Immigration Law; a Superb, 10 out of 10 rating in Immigration Law, and a “Client’s Choice” award from Avvo, a national lawyer rating service; and a Colorado Springs’ TOP ATTORNEYS award by Colorado Springs Style Magazine.