E-2 Investor Visa: Comprehensive Guide

The E-2 Investor visa is a non-immigrant visa designed for nationals of treaty countries who wish to invest substantial capital in a U.S. business. This visa not only fosters economic development but also provides investors and their families the opportunity to live and work in the United States.

E-2 Treaty Trader VisasThe E-2 visa category was created under the Immigration and Nationality Act (INA) of 1952, similar to the E-1 visa. Its primary purpose is to attract foreign investment and stimulate economic growth by allowing foreign investors to manage and develop their U.S.-based enterprises.

Currently, the E-2 visa remains a popular choice for foreign investors looking to establish or invest in U.S. businesses. The application process involves demonstrating that the investment is substantial and that the enterprise is not marginal, meaning it has the capacity to generate more than minimal living for the investor and their family.

Benefits

  1. Economic Investment: Facilitates foreign investment in U.S. businesses, contributing to economic growth and job creation.
  2. Family Inclusion: The investor’s spouse and children under 21 can accompany them, with the spouse eligible for work authorization.
  3. Business Flexibility: Investors can start new businesses or purchase existing ones.
  4. Extended Stay: Initially granted for two years with the possibility of unlimited extensions.

Requirements

To qualify for the E-2 visa, applicants must meet the following criteria:

  • Nationality: The applicant must be a national of a treaty country.
  • Investment: The investment must be substantial, with no minimum amount specified but sufficient to ensure the successful operation of the enterprise.
  • Control: The investor must control the enterprise, usually by owning at least 50% of the business.
  • Development and Direction: The investor must come to the U.S. to develop and direct the business.
  • Non-Marginality: The business must generate more than minimal living for the investor and their family or have a significant economic impact in the U.S.

FAQs

Q: Can my spouse work in the U.S. on an E-2 visa? A: Yes, the spouse of an E-2 visa holder can apply for work authorization.

Q: How much money do I need to invest for an E-2 visa? A: While there is no specific amount required, the investment must be substantial and sufficient to ensure the successful operation of the enterprise.

Q: Can I start a new business on an E-2 visa? A: Yes, you can either start a new business or purchase an existing one.

Martha L. Arias, Esq. - Miami Immigration Law AttorneyNavigating the complexities of the E-2 Investor visa requires expert guidance. Immigration law attorney Martha L. Arias, Esq. offers the expertise needed to successfully prepare and submit your E-2 visa application. Contact us today for a consultation and ensure your application meets all requirements for a successful outcome.