E2 Visa Lawyer in NYC

The E-2 Visa Requirements

1. The investor applying for the E-2 visa must be a corporate entity who is a national of a country that has a treaty with the United States, as previously mentioned.
2. A substantial investment is required, which is sufficient in itself to ensure the successful operation of the enterprise. For a low-cost enterprise, the investment percentage needs to be higher than that of a high-cost enterprise.
3. Idle or speculative investments and securities, such as a bank account with uncommitted funds, are not sufficient. There must be an investment in an actual, operating business enterprise.
4. The funds must be under the control of the investor.
5. From a commercial perspective, the investment must be at risk.
6. The investor must not secure a loan with assets from the investment in the business enterprise.
7. The investor must initiate and manage the enterprise in the United States.
8. If not the primary investor, the applicant must either have a supervisory or executive role or possess highly specialized skills necessary for the operation of the enterprise.
9. The investor cannot apply as an unskilled or ordinary worker because only the roles mentioned above are acceptable.

The E-2 Investor Visa

The E-2 visa is often the most suitable E visa for investors purchasing their own business or establishing a new business in the United States. To qualify for this visa, the most crucial factors are:

1. The investment must be “substantial.” There is no minimum figure required, and investments in small and medium-sized businesses are contemplated in the Foreign Affairs manual. However, it is related to the amount necessary to purchase an existing business or establish a new one. This “proportionality” is an either-or test: the amount invested is weighed against either criterion. Investments at the lower end of the range are usually between $100,000 and $150,000 but can be less. Some financing is possible, but it should not be more than 25%–30% of the purchase price.
2. The investment must be irrevocably committed to the purchase and should be placed in a special escrow account. Funds in a business account, for example, are normally insufficient to qualify you for an E-2 visa.
3. The investment must be “non-marginal.” This requires a demonstration that the business will generate more than enough income to support the investor and the investor’s family but also contribute to the US economy by employing US workers. In short, the business will produce profits.
4. The enterprise funded must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity. The investor is expected to be actively engaged in developing and directing it. Passive investments—non-committed funds in a bank account, a paper organization, or passive speculative investments, like stocks or undeveloped land—do not qualify since they do not require the intent to direct or develop a commercial enterprise.
5. The investor must be the source of the invested funds. Personal loans from relatives or friends can be considered part of the investment as long as the business is not collateral for the loan. Gifts of funds or inheritances for the investment are also permitted.

Other E-2 Visa Considerations

Current regulations allow for two co-investors to invest in, obtain E-2 visas, and work in the business. The two investors can be related or unrelated business partners. b. The spouse of an E-2 visa investor can apply for work authorization once in the US and work for any employer. Dependent children under 21 will normally receive dependent visas valid until their 21st birthday.