Introduction to E2 Visa
If you’re planning to expand your business into the US or if you want to own an enterprise in the US while working there, your best call is an E-2 Visa.
An E-2 visa is an investor visa for non-immigrants coming to the US as entrepreneurs. This visa allows the investor to work in a private company in the US on the basis of a defined investment amount.
However, the investor must be coming from one of the countries listed to have a Treaty of Trade and Commerce with the United States. Though this is not the only requirement to qualify for an E-2 visa. Other than being a national of one of the countries listed to have a Treaty of Trade and Commerce with the US, and willing to invest the set minimum amount in a bona fide enterprise in the US, there are some other requirements as well. If you’re planning to file a petition for an E-2 work visa, it is important that you go through these requirements and make sure you tick all requirement boxes, before you apply for this visa. Or, you can simply contact Gambini Law llc, a team of experienced immigration lawyers available to make the process of visa application simpler and easier.
Advantages and Disadvantages of E-2 Visa
Before digging into requirements, you first need to ensure that an E-2 visa is the right option for your goal. Here are main advantages and disadvantages of this visa:
Advantages of E-2 Visa:
- You can work legally in the United States (in the company that you’ve invested in).
- You can travel freely in and out of the US.
- You can stay in the US as long as you want, provided that you meet the E-2 requirements.
- You can take your spouse or dependent(s) under 21 years of age, with you.
- Your spouse can legally work in the US without applying for any work visa.
- Your dependents (under 21 years of age) can study in the US without any student visa.
Disadvantages of E-2 Visa
- E-2 Visa has a set of requirements that you need to maintain in order to continue your stay in the US.
- You can only work in the company that you’ve invested in.
- You need to renew your visa every 2 years, proving that you meet E-2 prerequisites every time.
Main requirements for E-2 Visa:
Having gone through advantages and disadvantages, if you’re sure about filing for an E-2 work visa, then let’s dig into the prerequisites for this visa, so you can apply without missing any point and with certainty of acceptance of your visa application.
The Investor Must Be a National of a Treaty Country
In order to qualify for an E-2 work visa, you must be a national of one of the countries that have a Treaty of Trade and Commerce with the United States. It is important to note that you must be a national of this country- permanent resident and other immigration statuses do not count. You must have a passport of the said country- though you do not need to be currently residing in that country. Here are countries that Treaty of Commerce and Trade with US:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Bulgaria, Cameroon, Canada, Chile, China, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia.
If you find your country in the list, you qualify for it.
The Investment Must Be Substantial
While the investment amount is not defined by the authorities, some parameters have been defined to judge the substantiality of the investment amount. The investment is considered substantial in the following cases:
The investment amount is substantial in comparison to the total cost of the enterprise- be it a running enterprise or a new one.
The investment amount must ensure the investor’s commitment to the successful operation of the company.
The investment amount must show that the investor is dedicated to develop and run the enterprise. This can also be proven through any material purchased for the company (if applied) and also through sharing of business plan.
In addition to the requirements, you can also share bank statements, receipts of goods purchases and any other supportive documents to strengthen your case.
The Investment must be at Risk
In order to qualify for an E-2 visa, the investor must be at risk of loss. This means that if the business goes unsuccessful, the investor’s investment must be at stake as well. Through this condition, loans taken against business entity do not qualify for this visa. Also, the investor should have spent the investment amount towards the business that he/she intends to own. The money can be reserved in an escrow that transfers the amount to the seller after acceptance of E-2 visa.
The Enterprise must be Bona Fide Business
The applicant needs to be investing in a bona fide enterprise that provides service or goods in the US. Examples include stores, offices, restaurants or clubs. The business must be providing service or goods to the customers.
The Enterprise must not be Marginal
The investment enterprise must not be marginal. According to US laws, an enterprise is considered marginal if it does not have the capacity to grow or expand financially. The business must prove the prospect of growth upon successful operation.
The Investor must have Key Role in Investment Enterprise
The investor must have a key role in the investment enterprise. Unskilled workers do not qualify for E-2 visa. The investor needs to have a proven significant role in the operation of the enterprise, to qualify for E-2 Visa.
If you’re still confused about prerequisites for an E-2 work visa, there are experienced law firms like Gambini Law firm to help you streamline your application process.