Understanding E2 Visa Requirements: Your Comprehensive Guide

The E2 visa, or the E-2 investor visa, is a popular choice for foreign entrepreneurs looking to invest in and manage a business in the United States. Understanding the E2 visa requirements is crucial for a successful application. This guide will walk you through everything you need to know to navigate the E2 visa process with confidence.

Investment Requirements

The term "substantial investment" can be somewhat ambiguous, but it generally means that the investment must be significant with the total cost of either purchasing an established business or creating a new one.

While there is no minimum dollar amount specified, investments typically range from $70,000 to several million dollars, depending on the nature of the business. The investment should be sufficient to ensure the successful operation of the enterprise.

Ownership and Control

To qualify for an E2 visa, you must own at least 50% of the business or possess operational control through a managerial position or other corporate device. This requirement ensures that the investor has a significant role in directing the business's operations.

Business Viability

The business you invest in must be a real, active, and operating commercial enterprise that produces goods or services for profit. Speculative or idle investments do not qualify. The business should also have the capacity to generate more than just a minimal living for the investor and their family. It should have the potential to create job opportunities for U.S. workers.

Intent to Depart

E2 visa holders must demonstrate an intent to depart the United States once their E2 status ends. This does not mean you cannot extend your stay or change your status, but you should maintain ties to your home country to show that you do not intend to immigrate permanently.

Documentation and Application Process

Applying for an E2 visa involves gathering a significant amount of documentation to support your application. While not mandatory, retaining the services of an Immigration Attorney and E2 specialist consulting team greatly increases the chances of success. Documentation must be compiled in a specific format that varies by consulate. Key documents include:

• Proof of citizenship from a treaty country
• Evidence that the source of funds came from a legitimate source
• Evidence of a substantial investment
• A business plan outlining the enterprise’s operations and profitability
• Financial statements and tax returns
• Evidence of business ownership or control
• Proof of intent to depart the U.S. after visa expiration

Processing Times and Validity

The processing time for an E2 visa can vary depending on the U.S. embassy or consulate handling your application. Generally, it takes a few months from the time you submit your application to receive a decision. E2 visas are typically issued for an initial period of up to five years, with the possibility of unlimited extensions as long as the business remains operational, and the investment is sustained.

Differences Between E2 and L-1 Visas

While the E2 visa is designed for investors, the L-1 visa is for intra-company transferees who work in managerial positions or have specialized knowledge. If you already own a business abroad and wish to expand to the U.S., the L-1 visa might be more suitable. However, for those looking to make a new investment in a U.S. business, the E2 visa remains a popular and viable option.

Ready to take the next step? Contact us at Vizamerica to start your E2 visa journey and turn your American Dream into reality. Our experts are available 24/7 to provide the guidance and support you need.