Many people want to come and work in the United States but struggle with the visa process. In the first of our visa insights, we explain how individuals who wish to work in the US through starting or investing in a US business may be eligible for an E-2 Treaty Investor visa.
WHAT ARE THE CRITERIA FOR AN E-2 VISA?
E-2 visas are for owners and investors in businesses in the United States. These might be the right visa for you if you can meet the following criteria:
TREATY COUNTRY
Be a national of a country with which the United States maintains a treaty of commerce and navigation. In this regard, E-2 visas are available to nationals of over 75 countries. Check the list to see if your home country qualifies.
DIRECTOR
Be seeking to enter the US solely to develop and direct the business enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or another corporate device.
INVESTMENT
Have invested, or are in the process of investing, a “substantial” amount of capital in a bona fide enterprise in the United States.
WHAT IS THE “SUBSTANTIAL” AMOUNT REQUIRED FOR AN E-2 VISA?
To qualify for an E-2 visa, the investment has to be “substantial” which is considered in relation to the total cost of purchasing an enterprise or establishing a new one.
There is no minimum amount required to obtain an E-2 visa. What is considered substantial will depend on the business involved, the jobs created by the investor’s personal assets, etc.
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise. Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
Employees, spouses, and children of the principal E Visa holder may also be eligible for a visa.
Please consult our team to see if an E-2 Treaty Investor visa is right for you. The contents of this insight do not constitute legal advice and are subject to a lawyer’s review.
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For more information, you can set up a consultation with one of our immigration specialists, Elannie Damianos or Aaron Moyse, by emailing felix@seruslegal.com