E2 Investor Visa – Application

E2 Investor Visa for Entrepreneurs and Start Up Companies:

Foreign Investors/Entrepreneurs who make a “substantial Investment” in an existing US business or Start Up company, and who wish to enter the United States to develop and operate the business, may apply for the E2 Investor Visa. Foreign companies whose owners are nationals of a treaty country and “E2 Visa eligible” themselves may also petition their “Essential Employees” for the E2 visa.

The Investor/Entrepreneur

  • Must be a national of an E2 treaty country. (list of E-2 treaty countries ).
  • Must be coming to the U.S. to develop and direct the business.
  • If the applicant is not the Investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Substantial Investment

The investment must be “Substantial” in relation to the overall value of the business. No specific dollar amount is mentioned in the department regulations, but it must at least be sufficient to ensure the business’s successful operation.
The percentage of investment for a low-cost business must be higher than the percentage of investment in a high-cost business.

At Risk Investment

  • Idle, passive Investments do not qualify.
  • The Investor or Entrepreneur must have already invested or be in the process of investing his or her capital or property in the U.S. business prior to his or her pursuit of the E2 visa.

Business must be more than marginal

  • The E2 Visa petition should include a business plan that provides either historic or projected revenue figures that show it will generate significantly more income than solely to provide an individual living to the investor or Entrepreneur.

E2 Investor/Entrepreneur must have Control

  • The Investor/Entrepreneur must demonstrate that he or she has ownership of at least 50 percent of the business and possesses operational control over the enterprise.

Non immigrant Intent

  • Means the E2 Investor must intend to depart the United States when the E2 status expires.
  • Nevertheless, E2 visa holders are permitted to renew their visas indefinitely so long as they continue to operate and maintain majority ownership of their E2 business, or those who continue to be employed by a qualifying E2 business in the case of an employee.

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