1. What is the E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa is a nonimmigrant visa that allows individuals from certain countries with which the United States maintains a treaty of commerce and navigation to enter the U.S. for the purpose of investing a substantial amount of capital in a U.S. business. This visa category is specifically designed to facilitate and enhance economic and commercial relations between the U.S. and treaty countries by allowing foreign investors to develop and direct their investments in the United States. To qualify for an E-2 Visa, the applicant must be a citizen of a treaty country, have invested or be in the process of investing a substantial amount of capital in a U.S. business, and intend to enter the U.S. solely to develop and direct the invested enterprise.

2. Which countries are eligible for the E-2 Treaty Investor Visa?

Countries that are eligible for the E-2 Treaty Investor Visa are those that have a treaty of commerce and navigation with the United States. These treaties establish the necessary legal framework for citizens of those countries to apply for the E-2 visa. Some common countries that are eligible for the E-2 visa include the United Kingdom, Canada, Mexico, Germany, and Japan. However, it is important to note that the list of eligible countries is not fixed and can change over time as new treaties are negotiated or existing ones are modified. It is recommended to always check with the U.S. Department of State or consult with an immigration attorney for the most up-to-date information on eligible countries for the E-2 visa.

3. What is the treaty between the U.S. and Bangladesh that allows for the E-2 Visa?

The treaty between the United States and Bangladesh that allows for the E-2 Visa is the Treaty of Friendship, Commerce, and Navigation. This treaty was signed between the two countries on December 9, 1986, and it establishes the necessary legal framework for citizens of Bangladesh to qualify for the E-2 Treaty Investor Visa. Under this treaty, eligible investors from Bangladesh can make substantial investments in a qualifying U.S. business and subsequently obtain the E-2 Visa to operate and oversee their investment in the United States. The treaty aims to promote economic relationships and facilitate investment opportunities between the two countries.

4. What are the requirements for obtaining an E-2 Visa as a Bangladeshi investor?

To obtain an E-2 Visa as a Bangladeshi investor, there are several key requirements that must be met:

1. Citizenship: The investor must be a citizen of Bangladesh, as the E-2 Visa is only available to individuals from countries that have a treaty of commerce and navigation with the United States.

2. Investment: The investor must have made a substantial investment in a genuine enterprise in the United States. The investment must be at risk in the commercial sense, meaning it is subject to loss if the business does not succeed.

3. Ownership: The investor must own at least 50% of the enterprise or possess operational control through a managerial position or other corporate devices.

4. Development of Business: The investor must demonstrate that the enterprise will generate more than enough income to provide a minimal living for the treaty investor and his/her family.

5. Intent to Depart: The investor must show intent to depart the U.S. upon expiration or termination of their E-2 status.

Meeting these requirements and providing thorough documentation to support the visa application is crucial for a successful E-2 Visa application as a Bangladeshi investor.

5. How much investment is required to qualify for the E-2 Visa?

The specific amount of investment required to qualify for the E-2 Visa can vary significantly depending on various factors such as the type of business, industry, and location. Generally, the investment should be substantial and be enough to ensure the successful operation of the business. Examples of investment amounts that have been considered substantial for E-2 Visa approval include: 1. $100,000 for a small business 2. $200,000 for a mid-sized business 3. $500,000 or more for a larger enterprise. It is crucial that the investment is considered substantial in relation to the total cost of establishing or purchasing the business. Additionally, the investment should also create job opportunities for U.S. workers and contribute to the economy. It is advisable to consult with an immigration attorney or seek guidance from the U.S. Citizenship and Immigration Services (USCIS) for the most accurate and updated information regarding the required investment amount for the E-2 Visa.

6. Can multiple Bangladeshi nationals from the same company apply for E-2 Visas?

Yes, multiple Bangladeshi nationals from the same company can apply for E-2 Visas as long as they meet the eligibility requirements individually. Each applicant must be a citizen of Bangladesh, own at least 50% of the enterprise, and the investment in the U.S. enterprise must be substantial. Additionally, the applicant must demonstrate that the investment is not marginal and that the business is not solely for the purpose of earning a living. Each applicant will have to go through the application process independently, and approvals will be based on individual qualifications. It is important for each applicant to present a strong case to show their intention to develop and direct the U.S. enterprise and create job opportunities for American workers.

7. How long is the initial E-2 Visa granted for Bangladeshi investors?

The initial E-2 Visa granted to Bangladeshi investors is typically valid for a period of two years. Upon approval, the investor will be allowed to enter the United States and engage in their approved investment and business activities. It is essential to note that this initial visa duration may vary based on the specific terms and conditions of the investor’s application, but a two-year validity period is commonly granted to Bangladeshi investors seeking E-2 Visa status. Furthermore, once the initial visa duration expires, investors can often apply for extensions to continue their business activities in the United States.

8. Can the E-2 Visa be renewed for Bangladeshi investors?

Yes, Bangladeshi investors can potentially renew their E-2 Visa as long as they continue to meet the eligibility requirements. The E-2 Visa allows individuals from countries that have a qualifying treaty with the United States to invest in and manage a business in the U.S. To renew the E-2 Visa, the investor must demonstrate that the business is still operating and generating revenue, that the investment continues to meet the required threshold, and that the investor’s presence is essential to the operation of the business. Renewal periods for the E-2 Visa can vary, but can generally be extended as long as the investor continues to meet the criteria set forth by the U.S. Citizenship and Immigration Services (USCIS). It is important for Bangladeshi investors seeking to renew their E-2 Visa to work closely with an immigration attorney to ensure all requirements are met and the renewal process goes smoothly.

9. Can family members of the Bangladeshi investor also get E-2 Visas?

Yes, family members of a Bangladeshi investor who is granted an E-2 Treaty Investor Visa are eligible to apply for derivative E-2 visas. This means that the spouse and unmarried children under the age of 21 of the primary E-2 visa holder can accompany the investor to the United States and live there legally for the duration of the investor’s visa. It’s important to note that these family members are not required to be Bangladeshi nationals themselves; they can be of any nationality. The family members can also be granted work authorization, allowing them to seek employment or start their own businesses in the U.S. while the primary investor conducts their investment activities.

10. Can Bangladeshi investors work for any company with an E-2 Visa?

No, Bangladeshi investors cannot work for just any company with an E-2 Visa. The E-2 Treaty Investor Visa is specifically designed for individuals from countries that have a treaty of commerce and navigation with the United States. This visa allows individuals to invest a substantial amount of capital in a U.S. business and manage that business. Therefore, the Bangladeshi investor must start or purchase a business in the U.S. and actively participate in the operations of that business to be eligible for the E-2 Visa. Working for any other company as an employee would not meet the requirements of the E-2 Visa.

11. Can the investment be in any industry for the E-2 Visa?

No, the investment cannot be in any industry for the E-2 Visa. It must be in a “real and operating” enterprise, meaning that it must involve actively producing goods or services. In addition, the enterprise must be a legitimate business that generates more than enough income to provide a minimal living for the investor and their family, as well as create job opportunities for U.S. workers. The investment must also show that it is not purely speculative and that the investor is actively involved in the operations of the business. Furthermore, the business must be able to demonstrate a positive impact on the U.S. economy. Therefore, while the range of eligible industries is broad, the investment must meet these specific criteria to qualify for an E-2 Visa.

12. What are the advantages of the E-2 Visa for Bangladeshi investors?

1. One of the key advantages of the E-2 Visa for Bangladeshi investors is that it allows them to establish and operate a business in the United States. This visa is specifically designed for individuals from countries with which the U.S. has a treaty of commerce and navigation, such as Bangladesh.

2. Another advantage is that the E-2 Visa does not have a strict minimum investment requirement, unlike other visas like the EB-5 Immigrant Investor Visa. This means that Bangladeshi investors can potentially qualify for the E-2 Visa with a lower investment amount, making it more accessible for small and medium-sized investors.

3. Additionally, the E-2 Visa allows investors to bring their spouse and dependent children to the U.S., giving them the opportunity to live, work, and study in the country. This can be a significant advantage for Bangladeshi investors who wish to move to the U.S. with their families.

4. Furthermore, the E-2 Visa allows for unlimited extensions as long as the business continues to operate and meet the visa requirements, providing Bangladeshi investors with long-term residency opportunities in the U.S.

Overall, the E-2 Visa offers Bangladeshi investors a flexible and relatively accessible path to establish and run a business in the United States, along with the potential for long-term residency for themselves and their families.

13. Can Bangladeshi investors apply for permanent residency (Green Card) through the E-2 Visa?

Unfortunately, Bangladeshi investors are not currently eligible to apply for permanent residency (Green Card) through the E-2 Visa. This is because Bangladesh is not a qualifying treaty country that has signed an investment treaty with the United States allowing for E-2 Visa eligibility. However, there may be alternative pathways for Bangladeshi investors to obtain permanent residency, such as through the EB-5 Immigrant Investor Program or other employment-based visa categories. It is advisable for Bangladeshi investors to consult with an immigration attorney specializing in investor visas to explore all available options for obtaining permanent residency in the United States.

14. What happens if the investment fails or the business closes for Bangladeshi E-2 Visa holders?

If the investment made by a Bangladeshi E-2 Visa holder fails or the business closes, there are consequences that the visa holder must address:

1. The visa holder may lose their E-2 status: If the business that the Bangladeshi E-2 Visa holder invested in fails or closes, this could lead to a loss of their E-2 status in the United States.

2. The visa holder may be required to leave the country: If the business closure results in the visa holder no longer meeting the requirements for E-2 status, they may be required to leave the United States.

3. Options for alternative visas: In the event of an investment failure or business closure, the Bangladeshi E-2 Visa holder may explore other visa options that they qualify for to stay in the United States legally.

4. Consultation with an immigration attorney: It is advisable for the visa holder to seek guidance from an immigration attorney to understand their options and potential outcomes in case of an investment failure or business closure.

15. Can a Bangladeshi investor purchase an existing business in the U.S. to qualify for the E-2 Visa?

1. Yes, a Bangladeshi investor can purchase an existing business in the U.S. to qualify for the E-2 Visa. The E-2 Treaty Investor Visa allows individuals from treaty countries, including Bangladesh, to invest a substantial amount of capital in a U.S. business and subsequently enter and work in the country. In the context of purchasing an existing business, the investor must ensure that the business meets the eligibility criteria for the E-2 Visa, which includes being majority-owned by nationals of the treaty country. Additionally, the investment made in the business must be substantial, and the business must generate enough income to provide a living for the investor and their family.

2. In this scenario, the Bangladeshi investor would need to prove that the purchase of the existing business meets all the requirements set forth by the U.S. Citizenship and Immigration Services (USCIS) for the E-2 Visa application. This may include providing documentation of the purchase agreement, financial records demonstrating the source of funds for the investment, and a detailed business plan outlining how the investment will create jobs and benefit the U.S. economy. It is crucial for the investor to seek guidance from an experienced immigration attorney or consultant specializing in E-2 Visas to navigate the complex application process and increase the chances of a successful outcome.

16. Are there any specific documents or business plans required for the E-2 Visa application from Bangladesh?

Yes, there are specific documents and business plans required for the E-2 Visa application from Bangladesh. These include but are not limited to:

1. Proof of Bangladeshi nationality
2. Evidence of the substantial investment in a U.S. enterprise
3. Detailed business plan outlining the business activities, projected financials, and job creation
4. Lease or purchase agreement for the business premises in the U.S.
5. Personal résumé or CV demonstrating the applicant’s qualifications and experience in managing the intended business
6. Proof of source of investment funds
7. Organizational documents of the U.S. enterprise

It is essential to ensure that all necessary documentation is prepared and submitted accurately to increase the likelihood of a successful E-2 Visa application from Bangladesh.

17. Can a Bangladeshi individual start a new business in the U.S. to qualify for the E-2 Visa?

Yes, a Bangladeshi individual can start a new business in the U.S. to potentially qualify for the E-2 Treaty Investor Visa. In order to be eligible for this visa, there are several criteria that must be met:

1. The individual must be a citizen of a country that has a qualifying treaty with the United States, and Bangladesh is currently on the E-2 visa list.
2. The individual must invest a substantial amount of capital in a bona fide enterprise in the U.S. The investment must be at risk and irrevocably committed to the business.
3. The business must be a real operating enterprise and not just for the purpose of earning a living. It should also generate more than enough income to provide a minimal living for the investor and his/her family.
4. The investor must have control of the funds, and the investment must be in a business that is not marginal.

If the Bangladeshi individual meets these requirements and can provide the necessary documentation to demonstrate eligibility, they may be able to start a new business in the U.S. and qualify for the E-2 Treaty Investor Visa.

18. What are the tax implications for Bangladeshi investors holding an E-2 Visa?

1. As a Bangladeshi investor holding an E-2 Treaty Investor Visa in the United States, there are several important tax implications to be aware of. Firstly, it is crucial to understand that individuals on an E-2 Visa are considered non-resident aliens for tax purposes. This means that as a Bangladeshi national, you will be subject to U.S. tax laws applicable to non-resident aliens.

2. Non-resident aliens are generally only taxed on their U.S.-source income, which may include income derived from investments or business activities within the United States. However, certain types of income may be exempt from U.S. taxation under the provisions of the tax treaty between the U.S. and Bangladesh.

3. It is important to consult with a tax professional or accountant who is knowledgeable about international tax laws and the specific tax treaty provisions between the U.S. and Bangladesh. They can help you navigate the complex tax implications of holding an E-2 Visa as a Bangladeshi investor and ensure that you are in compliance with U.S. tax regulations. Failure to comply with tax laws can result in penalties and legal consequences, so it is essential to seek professional guidance to effectively manage your tax obligations as an E-2 Visa holder.

19. Can a Bangladeshi investor hire employees under the E-2 Visa?

1. Yes, Bangladeshi investors can hire employees under the E-2 Visa program. The E-2 Treaty Investor Visa allows individuals from countries that have a qualifying treaty with the United States to invest a substantial amount of capital in a U.S.-based business and manage that business. As part of managing the business, E-2 visa holders are allowed to hire employees to help operate and grow their business in the United States.
2. It is important to note that under the E-2 visa guidelines, the primary purpose of the investment must be to develop and direct the business in which the individual has invested, rather than solely for the purpose of providing employment opportunities. Additionally, the E-2 visa holder must ensure that the hiring of employees complies with U.S. labor laws and regulations.
3. Overall, hiring employees as part of running a business under the E-2 Visa is permissible for Bangladeshi investors, and it can be a crucial component in successfully operating and expanding their business ventures in the United States.

20. Are there any restrictions on the type of business activities allowed under the E-2 Visa for Bangladeshi investors?

1. Yes, there are certain restrictions on the type of business activities allowed under the E-2 Visa for Bangladeshi investors. To qualify for the E-2 Visa, the business must be a bona fide enterprise that is actively engaged in commercial operations. Certain types of businesses are not eligible for the E-2 Visa, such as speculative or marginal enterprises that do not have the capacity to generate more than enough income to provide a minimal living for the investor and their family.

2. Additionally, the business must be a real and operating commercial enterprise, meaning that it must be a for-profit business that produces some service or commodity. Passive investments, such as owning undeveloped land or stocks, do not qualify for the E-2 Visa. Furthermore, the business must not be engaged in illegal activities or be considered harmful to the United States’ welfare, morals, or security.

3. Beyond these restrictions, the type of business activities allowed under the E-2 Visa for Bangladeshi investors can vary depending on the nature of the business and its potential to contribute to the U.S. economy. It is essential for Bangladeshi investors to thoroughly research and understand the specific requirements and limitations associated with the E-2 Visa program to ensure their business activities comply with the regulations and are eligible for the visa.