9 Requirements for the E2 Visa for Investors in the United States

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The E-2 visa allows foreign entrepreneurs who invest in the United States and their families to legally invest, work and live in the USA. The entrepreneur and the spouse may remain in the United States indefinitely as long as all visa requirements are met.

The children of the entrepreneur may remain in the United States with a visa derived from the investor status of their father or mother as long as they remain single and are under 21 years of age.

E-2 visa holders could even apply for a  B-1 visa for domestic employees they already have in the country of origin who want to accompany them to the United States, such as babysitters for their children.

Characteristics and requirements of the E2 visa for an investor in the United States

If you are interested in living in the United States and have money to invest a moderate amount and skills to manage a business, the E2 may be the right visa for you. Before starting the process, it is convenient to know the basic characteristics and requirements of the visa:

1. It is a nonimmigrant visa. This means that it must be renewed periodically and that it is not a residence card  (also known as a green card ). The E2 visa also does not offer a direct path to lawful permanent residence or US citizenship.

2. It’s about becoming a business owner. The business can be created from scratch or it is also possible to buy an existing business. It is even possible to use these visas to send employees of a company to work at a subsidiary of the same in the United States. What is not allowed is to apply for the E-2 to manage a business that has been inherited in the United States. The business can be a franchise. 

3. The business must be real and active. It must produce a good or a service. In addition, you must have all the necessary permits and licenses to operate. It cannot be a non-profit organization. 

At this point it is very important to understand that a real estate investment by itself is not enough to be able to apply for or obtain the E-2 visa. It must be a real estate business .

4. Business size. The law is silent on this point and does not require a minimum size. However, it is strictly necessary that it generate benefits that go beyond merely covering the expenses and needs of the investor and his family. Furthermore, what is called a “major contribution to the economy” is required.

This requirement is usually considered fulfilled when the business generates employment by hiring American citizens. When submitting the documentation to apply for the visa, a five-year business plan must be presented that includes the number of jobs to be created. Therefore, it is very important that the company is successful. For this reason, it is convenient to know which are the states in which it is easier to do business and which are the most difficult.

5. Amount to invest. The law does not establish a minimum amount but says that it must be substantial, which can vary depending on the type of business.

6. Origin of investment money. Obviously, it must be legal. In addition, it must belong to the investor (savings, inheritance, investments) or even loans can be accepted.

7. Investor’s family. Husbands, wives, and children under the age of 21 of investors can have a derivative visa to live in the United States.

The spouse may request, once in the United States, a work permit that will allow them to work for another company, for their partner’s or even create their own business.

Children can only enjoy this visa until they are 21 years old, after that age they will have to leave the country or have another visa that allows them to stay in the United States. Because of their age they are probably of school age. It is very important to familiarize yourself with the educational system as soon as possible.

8. It is a possible but complicated visa. It is highly recommended to contact a law firm specialized in this type of case before making any investment in the United States with the intention of obtaining this visa.

The attorney must, at a minimum, offer business analysis services and may qualify to obtain approval from immigration authorities. He must also complete all the documentation, collaborate in the preparation of the interview that will take place at the corresponding consulate, and resolve all the doubts of the potential investor regarding immigration. The lawyer should be the point of contact with the government offices to resolve any problems that may arise during the process.

If possible, the interested party should contact more than one professional and compare services and reputation in this class of cases, which are very specific.

9. Differences with the EB-5 visa. Both are visas for investors, but the E-2 is a nonimmigrant while the EB-5 gives the right to obtain a green card. With an E-2 visa, you do not get a green card. The investor, therefore, does not have the right to work for anyone: he is supposed to devote himself to his business, there are some regulations that must be fulfilled.

Also, there is a big difference in the investment amount requirements between one and the other.

 

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