If you’re planning to start or buy a business in the United States, the E-2 visa may provide a way to live in the country while actively managing your investment.
The E-2 visa is a non-immigrant visa available to citizens of certain treaty countries who make a substantial investment in a US business. As long as your business remains operational and continues to meet E-2 requirements, you can continue living in the United States and running the enterprise.
It helps to speak to an experienced E2 visa lawyer in New York for a closer look at the requirements. At the same time, they can help you organize all the necessary documents and proof to increase your chances of approval. A lawyer will also eliminate the guesswork from your application process so you can proceed with confidence.
Are you eligible?
The E-2 visa focuses on three primary areas:
- The investment
- The business itself
- Your role within the company
Unlike some visa categories, the E-2 visa does not require a specific degree, professional license, or prior business experience.
Treaty country citizenship
You must hold a valid passport from a country that maintains an active E-2 treaty with the United States. Note that your current residence and place of birth are not relevant for this requirement, since the USCIS looks at your citizenship when determining your eligibility.
A qualifying investment made or in progress
You must invest, or be actively in the process of investing, a substantial amount of money into a US business. Your E2 visa lawyer in New York can help you in documenting the source of your funds to show that your money is genuinely committed to the business and subject to potential gain or loss.
A real business, existing or in development
Your business must be a legitimate commercial enterprise: something you’ve purchased or a new one. Likewise, you must ensure that your business has a realistic plan for growth and show that its economic activity goes beyond simply providing income for you and your family.
You direct and develop the enterprise
The E-2 visa is designed for investors who will actively manage their businesses. In most cases, you can demonstrate this through at least 50% ownership or a managerial position, or with another recognized form of operational control.
How much should you invest?
One of the most common questions investors ask our E2 visa lawyer in New York is how much money they need to invest. The answer depends on your business.
USCIS requires E-2 investments to be substantial and non-marginal, but it does not set a specific minimum dollar amount. Instead, officers evaluate your investment using a proportionality test, which compares your investment to the total cost of the business.
The lower the total cost of the business, the more USCIS expects you to invest upfront. If the business costs more, a smaller percentage of the total cost may still qualify as a substantial investment. You can ask an E2 visa lawyer in New York for guidance on the appropriate investment amount you should make. In most cases, it will depend on the nature and size, as well as the cost of the business you plan to operate.
What qualifies as an investment?
A qualifying investment involves money that has already been committed to a legitimate US business. This means you’re using the funds for:
- Purchasing a business
- Buying equipment or inventory
- Paying lease expenses
- Covering renovation or build-out costs
- Funding payroll for early employees
- Making operational deposits
- Placing funds into escrow that are directly connected to the business purchase and E-2 visa approval
Funds in your personal bank account do not qualify as an investment. You must commit the money to your business and ensure that it’s used for its operations or acquisition.
If you have questions about E-2 visa requirements, contact Berd & Klauss, PLLC. Our team can evaluate your situation and help you understand your options. Call 212-461-7152 to schedule a consultation with an E2 visa lawyer in New York.
