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What is an E-2 Visa?

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An E-2 visa is a great tool for international entrepreneurs looking to travel, diversify investment portfolios, and benefit from America’s robust economy. Investors from certain countries can apply for E-2 visas to travel to the United States in order to buy or create businesses. These international executives also create jobs for local residents and bring new goods and services to communities through America.

To receive a visa, the businessperson will need to prove many things, including (but not limited to) the following:

  • that his or her home country falls within the visa’s purview,
  • that the investor’s company (if one exists) is considered to be of that nationality,
  • that the investor has invested or is currently investing,
  • that the investment is substantial (a legal term of art),
  • that the business is more than marginal (another legal term of art),
  • that the business is bona fide (real and operating or imminently real and operating), and
  • that the investor is “in a position to ‘develop and direct’ the enterprise.”

Once the business is registered as an “E-2 firm,” the business can petition (ask) to bring in certain skilled workers and even supervisors and managers in certain circumstances.

Below are some of the questions our clients frequently ask:

How much money do I need to invest?

As with most things in the law, it depends. You’ll need to show that the investment is substantial. Essentially, your investment must be of an amount that demonstrates “that the business invested in is not speculative but is, or soon will be, a successful enterprise.” 9 FAM 402.9-6(D)(a). Whether your investment meets this requirement will depend on many factors, including the type of business, industry standards, and many more. You will also need to show that your investment funds came from legitimate sources and not criminal activity.

What kind of business do I need to operate?

The options are wide open, and this visa is a great opportunity for gifted businesspeople, manufacturers, and other entrepreneurs to take their business to that next level. Potential businesses range from restaurants and shops to factories and accounting firms and many more. The possibilities are endless, which makes this visa a great choice for innovative investors from all walks of life and backgrounds.

How do I get started?

The experts at our office can help guide you through this complicated process. We offer a full range of services, including legal advice, application & interview preparation, embassy communications, and more. Contact us today to schedule a consultation!