When deciding to file a petition for an E2 work visa, it’s important to understand the key E2 visa requirements for investors and individual guidelines. USCIS defines an E-2 investment as “the investor’s inserting of capital, including funds and other assets, at risk in the industry sense with the objective of making a profit. Your investment may be for the purpose of creating a new business venture, or investing in a pre-existing business”.
An E2 treaty investor visa is a non-immigrant visa reserved for overseas entrepreneurs of countries which may have a Treaty of Trade and Business with america. E2 investor visas allows international buyers to enter and work within the U . S . based on a considerable investment in a real enterprise. In this specific article we’re heading to explain the most notable E2 Visa Requirements for Buyers and the skills.
There are two types of investor visas so before looking at E2 visa requirements for investors you want to make certain the E2 visa is the right fit for you as a foreign investor. In the event the E2 visa isn’t the right fit for you, addititionally there is the option of any EB-5 investor inexperienced card.
On E-2 visa, you might:
Work legally in the company this is the investment vehicle in the U.S.
Travel freely in and from the U.S.
Stay on an extended basis with unlimited two-year extensions as long as you maintain E-2 qualifications
Be combined with your dependents under 21, family and spouse. Your spouse could also work within the U.S. while your dependents may sign up for U.S. academic institutions, colleges, and colleges, , nor have to apply for distinct student visa.
However, disadvantages are as follows:
E2 visas are available only to nationals of countries (the following) having investment treaties with the U.S.
You are restricted to work limited to the specific workplace or self-owned business that acted as your E2 visa sponsor
E2 visas are approved for two years at a time making the program/expansion process slow.
Key E2 Visa Requirements for Shareholders to Qualify
The E2 visa minimum investment requirement is the fact you choose real enterprise. By failing to do that, your petition won’t qualify. A real enterprise is identified by the immigration regulators as “a real, active commercial or entrepreneurial commencing which produces services or goods for revenue”.
Some of the evidence you might submit to demonstrate that your business is real includes:
Notice of task of an Employer Identification Quantity from the Internal Earnings Service (IRS)
Quarterly wage reports or payroll summaries (i.e., W-2s and W-3)
Business organizational chart
Bank statements, utility bills, and advertisements/cell phone directory listings
Contracts or customer/merchant agreements
There are many key E2 visa requirements for investors that may help you ready your petition and make certain you are a qualifying applicant. You can examine the position after concluding your petition.
The investor must be considered a national of a treaty country.
Treaty countries currently include:
Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Costa Rica, Czech Republic, Democratic Republic of the Congo, Ecuador, Egypt, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, UK, and Yugoslav.
It’s important to notice that you need to be a legitimate citizen of 1 of the aforementioned countries to be able to fulfill the E2 visa requirements. It isn’t enough to keep up legal long term residency. Your current passport must be from one of the treaty countries. However, there is no need to be presently residing in a treaty country as long as your citizenship from a treaty country.
For example, if Mr. Cousteau is a citizen of France but has been moving into China going back eight years, he still fulfills the E2 visa requirements and can apply.
More information regarding specific countries is available at the Bureau of Consular Affairs.
The investment must be considerable.
It must be sufficient to ensure the successful procedure of the organization. The ratio of investment for a low-cost company must be greater than the percentage of investment in a high-cost venture. While some opportunities of significantly less than $100,000 are approved, it’s safe to say that the investment capital and reserves should total a minimum of $100,000.
FOR INSTANCE, MR ROSSI FROM ITALY PURCHASE AN ITALIAN RESTAURANT IN MIAMI OR BOSTON, HE MIGHT BE ELEGIBLE FOR AN E-2 VISA.
Investors / Business visa
The E2 is the principal investor visa and there happens to be no quota or total annual cap, so E2 visas are unlimited in the number available.
An E2 visa basically gives you to buy entry into the USA without actually “immigrating.”
The E2 visa is typically issued for just two or five year periods.
The E2 can be renewed indefinitely so long as the investor is running the business enterprise and it generates “plenty of revenue” to support the investor’s family.
The E2 visa also covers the investor’s spouse and children under age 21.
Who typically uses the E2 Investor Visa?
– Individuals who want to purchase a franchise or small company in the USA
– People who want to retire in the us.
– Property investors
Are you looking to buy a US business to get an E2 visa ?
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E2 visa – Treaty Investors
Owner or Designer of the new venture from a treaty country that has 50% or more ownership in a considerable US work creating investment.
The Treaty Investor Visa permits citizens of certain Countries (see list below) to reside in america via an investment in the U.S.A. The investor must come to manage or oversee the investment.
You can invest in nearly anything or trade in nearly anything. Although some purchases of significantly less than $100,000 are approved, its safe to state that the investment finance and reserves should total at least $100,000 – $200,000 and the applicant must anticipate to demonstrate/task that the business enterprise will make use of at least 3 – 4 individuals.
The E2 visa lasts so long as the holder maintains the investment.
Investors must place their cash in the hands of any bank or shutting agent who’s instructed to release the money to owner of the property or business after visa approval.
Investors growing their own business must come to the united states as business people to get the business started before trying to get the Treaty Investor visa.
E2 visas are believed nonimmigrant visas. However, once an investor can qualify and enter the U.S. in this category, they are able to look for other opportunities and apply for inexperienced cards and eventually citizenship.
Countries that Maintain Treaties of Navigation and Commerce with america for E2 Visa Purposes
Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Costa Rica, Czech Republic, Democratic Republic of the Congo, Ecuador, Egypt, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, UK, and Yugoslavia.
E2 visa holders may only improve themselves or the E visa enterprise.
E2 visas may be extended as long as the E visa enterprise is operating.
E2 visas are generally issued in five 12 months increments.
E2 visa centered children loose their E visa status when they turn 21 years of age. At that time they have to find another position.
E2 visa holders and dependents may study in america.
E2 visa holders don’t need to live in the US any particular amount of time and could arrange their affairs so they aren’t subject to world wide taxation.
Some evidence you may use to prove that the investment is substantial is corresponding personal and/or business bank statements, itemized list of goods and materials purchased for the start-up, and corresponding financial accounting documentation. It’s also smart to put together a small business plan that illustrates your projected success.
The investor must have control of the funds.
Vulnerable means that the investor is usually to be irrevocably determined. If you’re in a position to leave from the investment without sacrificing anything, you don’t qualify. The applicant will need to have already put in the money towards startup, purchase of a U.S. business, or business. Lending options secured with the resources of the investment venture aren’t allowed. The investment must be vulnerable to being lost because of the business or venture being unsuccessful.
If you’re purchasing an existing business, you need to know all there is to learn about the business enterprise and its counterparts. Learn the all the components of the business enterprise and come to an educated bottom line of how well these are doing presently and exactly how successful the business enterprise is projected to be.
The investment must be considered a real operating enterprise.
A real operating business means that the enterprise must be supplying a tangible good or service. Types of these enterprises are restaurants, shops, medical office buildings, etc. Speculative or idle investment such as real house purchases, undeveloped land, or shares kept by an investor who does not have any intent to immediate the enterprise does not qualify. Likewise, uncommitted cash in a bank-account or similar security are not considered an investment.
The investment may not be marginal.
A marginal enterprise won’t project enough return on investment to produce a significant financial contribution. The venture must generate a lot more income than simply to give a living to the investor and family, or it must have a significant financial impact in the U.S.
The investor must be coming to the U.S. to build up and direct the enterprise.
In the event the applicant is not the principal investor, she or he must be used in a supervisory, professional, or highly specialized skill capacity. Standard skilled and unskilled staff do not qualify. The federal government won’t grant you an E2 visa if indeed they don’t believe you play an important role in the organization.
You must show that you’ll develop and direct the investment organization by demonstrating ownership of at least 50 percent of the enterprise, or by possessing operational control through a managerial position or other corporate devices.
How Can An Employee Qualify?
For an employee of the investor to use because of this visa, there are a group of E2 visa requirements that must be met:
Your employee must be considered a citizen of the same treaty country that the process E2 investor (you) maintains citizenship.
Your employee must qualify under this is associated with an “employee” as stated in the U.S. legal code.
You must be able to prove that your employee is essential for the fulfillment of your undertaking. This is easily proven if he or she is a manager or executive, but may also be proven if he or she has special knowledge which makes them instrumental to the operation or development of your organization.
IS ACTUALLY A Business Plan Required?
It isn’t an official E2 visa requirement to truly have a business plan. However, it is highly recommended that you send a thorough business plan together with your E2 data. This is because the USCIS needs to observe that your venture will create jobs and stimulate the market in the U.S.
To prove this, you need to inform you you have experience starting a company or that your business has a high likelihood of success. Submitting a small business plan is the ultimate way to accomplish this.
E2 Visa Requirements for Traders Recap
Processing for a visa can be quite organic and labor-intensive, which is why it’s best to always consult a specialist with this type of experience. If you believe you meet up with the E2 Visa Requirements for Shareholders then the next thing is to provide us a call to get started on the processing process and get the materials essential to send to USCIS.
If you do not meet up with the E2 Visa Requirements for Investors then we’ll offer other visa options which may be more suitable for your case. Because of the time sensitive dynamics of the filings, however, it’s ideal to get started immediately because other appropriate visas may have a fixed quota/total annual allotment like the H1B Visa for example.
Our Lawyers Are Waiting to Help You
Do YOU WILL NEED Assistance Filing for an E2 Visa? The legal representatives at SGM Legislations Group can help you data file an E2 visa predicated on the USCIS and U.S. Office of State rules. With years of experience aiding shareholders get their begin in the U.S., we could uniquely equipped with the data to help you with your unique E2 case.
By filling out this contact page, you can agenda a consultation with one in our immigration attorneys and get started on the street to success through our organization.
Throughout your consultation, we’ll make clear which course of action will suit your function best. We may determine you don’t be eligible for an E2 visa and suggest more suiting non-immigrant status alternatives.