E-2 Visa - One People Law (2024)

Obtaining an E-2 visa classification allows an individual, sometimes referred to as a treaty investor, from a “treaty country” to enter the US to invest substantial money or other capital into a US business or investment enterprise. A treaty country is one in which the US maintains a qualifying agreement or treaty of commerce and navigation. Several countries are currently listed as “treaty countries,” but that list updates continuously.

Capital is not limited to cash and can also be things like assets, inventory, other tangible property, and more than can be used as an investment into a US business as long as the treaty investor can prove they are the legal owner of the capital employed for investment.

Certain necessary employees or even family members of the E-2 applicant may also be eligible to enter the US with the original applicant. The E-2 visa does not replace a green card by providing residency in the US. Still, it allows indefinite extensions, allowing the holder to remain in the US to conduct business as long as the company is viable.

Another appealing factor of the E-2 visa is that there isn’t a restriction on the number of times you can travel back and forth on this visa. There isn’t a restriction on the time or days you must stay abroad before re-entering the US should you leave for another country.

Several requirements are generally necessary for obtaining an E-2 visa. Your experiencedimmigration attorneycan work with you to determine what specifics will apply to your case and help you to gather the necessary documents. The items discussed below are commonly seen in a business immigration plan, and the more information you can provide, the stronger your plan will appear as part of your application.

One of the main requirements is proof that the treaty investor has already or intends to invest substantial capital in an existing business in the US. A “substantial amount” can vary from situation to situation, but generally speaking, at least $900,000 cash or $1,800.000 in the fair market value of assets is an excellent place to start. Some exceptions can allow investment funds much lower to be considered substantial, but this is less common. The investment can not be regarded as marginal. Instead, the plan can prove that the investment can provide sufficient income in the short term. Investors can provide proof that they have already invested in the businesses by providing bank statements, evidence of property transferred to be used in the business, proof of other assets purchased for use in the US business, and more.

Investors can borrow the money they intend to use for capital, but it cannot be via means of using the business assets; it must be through personal loans or other uses of collateral to secure the loan. The individual must also prove that the available capital was not illegally obtained directly or indirectly. They can provide proof of this through evidence of income, promissory notes accepted, documented monetary gifts to the investor, evidence of property ownership or sale of property, and more.

The investor must also prove that their sole purpose for entering the US is to run or develop an enterprise. An enterprise can consist of things like a joint venture, a holding company, a sole proprietorship, a corporation, a business trust, a partnership, and more. However, the enterprise must be formed to make a profit rather than as a non-profit organization.

The enterprise must also have dedicated premises (rather than the E-2 applicant intending to work from home) and must have other employees. There isn’t a specific number stated for a minimum of employees. Still, generally speaking, the business must have three to five additional employees to provide sufficient evidence that the investor isn’t supplying their capital to employ themselves alone.

A thorough business plan can include a specific description of the business, its products and services (when applicable), and its goals or objectives. Names of competing companies in the industry and the business area can also be provided to establish market analysis. The plan should also provide documentation of any permits or licenses required to run the business effectively.

The marketing strategy of the business in question is also relevant. Estimated costs associated with marketing efforts, advertising cost projections, and more are helpful to establish. On the same note, providing a list of the necessary personnel and their income are also beneficial. A reasonable timetable to onboard essential staff, including training costs and job descriptions for all the required employees, should also be included.

Generally speaking, the more comprehensive your business plan is, the more likely your application will be granted promptly.

One more piece that is required is that the applicant provide proof that they will exit the US upon the termination of their visa. They are not required to provide evidence of a residence owned abroad, but rather that they have eventual plans to leave the US when their visa expires.