The E2 visa allows non-US nationals of certain countries to start up, or invest in, a US-based business.
E2 visa applications carry significant risk for applicants, given the requirement for substantial upfront investment with no guarantee of securing your visa or permission to operate in the US.
Expert guidance on the E2 visa eligibility requirements is essential to ensure you follow the complex application process, build a compelling business case and submit all the required supporting documents to enhance your prospects of being granted a US E2 Treaty Investor Visa.
The E2 visa permits individuals from 80 specified treaty countries to invest in or set up a business in the US.
The E2 visa requires that applicants intend to make significant investment, equating to at least 50% ownership, in a US business. The investment must also be sufficient to provide employment for a number of people in the US.
There is no specified minimum investment threshold set by the US Government. However, the investment must be “significantly proportional” to the total investment. Typically this would equate to half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.
There are many benefits to the E2 visa. As a holder, you are allowed to travel in and out of the US without restriction. You can bring your spouse and dependent children up to the age of 21, and your spouse may also work while in the US.
The E2 visa application process requires significant upfront investment in the business in question, as well as substantial supporting documentation.
Given the financial risk of an E2 visa application, and the complexity of the application process, it is important to seek legal advice early on the options open to you for your specific circumstances, to avoid delays and errors, and to ensure your case is effectively represented to the US Government.
For advice and guidance on your US visa application, contact us.