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

The purpose of the E-2 Treaty Investor Visa is to allow individuals from countries with which the United States maintains a treaty of commerce and navigation to invest a substantial amount of capital in a U.S. business and manage the operations of that business. This visa is designed to stimulate investment in the U.S. economy, create jobs for American workers, and foster international trade relations between the U.S. and treaty countries. The E-2 visa is a non-immigrant visa, meaning that it does not lead to permanent residency in the United States, but it does allow investors and their families the opportunity to live and work in the U.S. for an initial period of up to five years, with the possibility of renewal as long as the investment and business operations continue to meet the visa requirements.

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

2. Countries that are eligible for the E-2 Visa treaty with the United States are those that have signed a bilateral investment treaty with the United States that includes provisions for E-2 visas. Currently, there are around 80 countries that have treaties with the U.S. that allow for their citizens to apply for E-2 investor visas. Some of the notable countries on this list include the United Kingdom, Canada, Germany, Japan, South Korea, and Mexico. Each treaty specifies the terms and conditions under which nationals of the respective country can qualify for the E-2 visa, including requirements related to the amount of investment, the type of business, and the duration of stay allowed under the visa. It’s essential for individuals considering applying for an E-2 visa to check the specific requirements outlined in the treaty between their country and the U.S. to determine their eligibility.

3. What are the key requirements for obtaining an E-2 Visa?

To obtain an E-2 Treaty Investor Visa in the United States, there are several key requirements that must be met:

1. Treaty Country Eligibility: The applicant must be a national of a country that has a qualifying treaty of commerce and navigation with the United States.

2. Substantial Investment: The applicant must make a substantial investment in a U.S. enterprise. There is no set minimum investment amount, but it should be enough to establish and operate the business successfully.

3. Ownership and Control: The applicant must have at least 50% ownership of the enterprise and demonstrate operational control of the business.

4. Active Investment: The investment must be active, meaning it must generate more than just a passive income for the investor.

5. Business Development: The enterprise must be a real and operating commercial enterprise, not just a paper organization, and should have the potential to create job opportunities for U.S. workers.

6. Intent to Depart: The applicant must demonstrate an intent to depart the U.S. once their E-2 status expires or is terminated.

Meeting these requirements is crucial for a successful E-2 Visa application and obtaining approval to operate a business in the United States.

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

To qualify for the E-2 Treaty Investor Visa, there is no specific minimum investment amount required by the United States Citizenship and Immigration Services (USCIS). However, it is generally expected that the investment should be substantial and sufficient to ensure the successful operation of the business. The investment amount can vary depending on the type of business, its size, and location. It is recommended that the investment should be in a range that is considered significant enough to generate a profit and create job opportunities in the United States. Additionally, the investment should also be at risk, meaning the applicant must be actively involved in the business and have a significant amount of capital invested in the enterprise. The adequacy of the investment amount is evaluated on a case-by-case basis, taking into consideration various factors to determine if it meets the requirements for the E-2 Visa.

5. Can an individual apply for an E-2 Visa or does it require a business entity?

An individual can apply for an E-2 Visa, as it is designed for individuals who want to invest in and develop a business in the United States. The key requirement for the E-2 Visa is that the individual must make a substantial investment in a U.S.-based enterprise. While it is possible for an individual to apply for an E-2 Visa, it is important to note that the investment must be in a bona fide enterprise that the individual will develop and direct. Additionally, the investment must be at risk in a commercial sense, meaning that the individual must be actively involved in the management and operations of the business. This active involvement is essential to meet the criteria set by the U.S. Citizenship and Immigration Services for the E-2 Visa.

6. Is there a minimum duration for the investment to be considered ‘substantial’?

Yes, there is no specific minimum duration for the investment to be considered ‘substantial’ in the context of the E-2 Treaty Investor Visa for the United States. Instead, the term ‘substantial’ refers to the overall value and significance of the investment in proportion to the total cost of either purchasing an existing business or establishing a new one. The investment must be considered large enough to ensure the success of the business and to contribute significantly to the U.S. economy. In practice, what is considered substantial can vary depending on the nature of the business, its industry, and the overall business plan. It is essential for applicants to provide detailed documentation and evidence to demonstrate the substantial nature of their investment to support their E-2 visa application successfully.

7. Can the investment funds come from a loan or gift?

Yes, the investment funds for an E-2 Treaty Investor Visa can come from a variety of sources, including a loan or gift. However, there are specific requirements that must be met for funds that are obtained through a loan:

1. The investment funds must be at risk, meaning that the investor must be liable for the funds and they cannot be secured by the assets of the business.
2. The investor must have control over the funds and be able to demonstrate the legal source of the borrowed funds.
3. The investor should be able to show that the loan is secured by personal assets.

When it comes to funds obtained through a gift, the investor must be able to provide documentation proving the source of the gift funds and that the gift was given freely without any expectation of repayment. The investor should also be able to show that they have control over the funds and that they are committed to using them for the E-2 investment.

8. What types of businesses are eligible for the E-2 Visa?

1. To qualify for the E-2 Treaty Investor Visa, the business must be a real and operating commercial enterprise. This means that the business must be actively engaged in a for-profit activity, offering goods or services. Businesses that are eligible for the E-2 Visa include:

2. Start-up companies that are in the process of establishing a new business in the United States.

3. Existing businesses in the United States that are being purchased or substantially restructured by an E-2 visa holder.

4. Franchise businesses that have a proven track record of success and meet the requirements set by the U.S. Citizenship and Immigration Services (USCIS).

5. Businesses in a wide range of industries, including retail, services, technology, manufacturing, and more, may be eligible for the E-2 Visa as long as they meet the necessary criteria.

6. Additionally, the business must have the potential to create job opportunities for U.S. workers and contribute to the economy. The investment made in the business by the E-2 visa holder must be substantial and also meet certain monetary thresholds set by the USCIS. It is important to carefully review the specific eligibility requirements for the E-2 Visa and consult with an immigration attorney to ensure compliance with all regulations.

9. How long can an individual stay in the U.S. on an E-2 Visa?

An individual can stay in the U.S. on an E-2 Visa as long as the visa remains valid. Typically, E-2 Visas are granted for a period of 2 to 5 years initially, depending on the specific treaty agreement between the United States and the individual’s home country. After this initial period, the E-2 Visa can usually be renewed indefinitely as long as the individual continues to meet the requirements for the visa, such as maintaining their investment in a U.S. business. It’s important to note that the duration of stay on an E-2 Visa is not permanent residency – it is a non-immigrant visa category that allows individuals to reside in the U.S. for the purpose of managing their investment and business operations.

10. Can family members accompany the E-2 Visa holder to the U.S.?

Yes, family members of an E-2 Visa holder can accompany them to the U.S. The visa holder’s spouse and unmarried children under the age of 21 are eligible for dependent visas (E-2 dependent visas) which allow them to join the primary E-2 visa holder in the United States. The spouse of the E-2 visa holder is eligible to apply for work authorization in the U.S. by obtaining an Employment Authorization Document (EAD). Children can attend school in the U.S. while on dependent E-2 visas. It is important for the family members to comply with the visa regulations and keep their status valid while in the U.S.

11. Can an E-2 Visa holder apply for permanent residency (Green Card)?

Yes, an E-2 Visa holder can apply for permanent residency, also known as a Green Card, in the United States, but this process is not automatic or guaranteed. There are several ways an E-2 Visa holder can potentially obtain a Green Card:

1. Employment-based Green Card: If the E-2 Visa holder is offered a job by a U.S. employer, they may be eligible to apply for an employment-based Green Card through sponsorship.

2. Investment-based Green Card: If the E-2 Visa holder transitions from an E-2 Investor Visa to an EB-5 Immigrant Investor Visa by making a larger investment and meeting other requirements, they may be eligible for a Green Card through the EB-5 program.

3. Family-based Green Card: If the E-2 Visa holder has a close family member who is a U.S. citizen or Green Card holder, they may be eligible to apply for a family-based Green Card through sponsorship.

It is important to consult with an immigration attorney to discuss the best options for obtaining permanent residency based on individual circumstances and immigration goals.

12. What happens if the business fails after the E-2 Visa is granted?

If the business fails after the E-2 Visa is granted, the investor must take swift action to rectify the situation and meet the conditions of their visa. Here’s what happens if the business fails:

1. Status: The investor’s E-2 status is directly tied to the success of their business. If the business fails, the investor essentially loses their basis for remaining in the United States under the E-2 Visa category.

2. Grace Period: There is typically no official grace period given to E-2 visa holders once their business fails. This means the investor may need to depart the United States immediately upon the failure of their business unless they can quickly secure an alternative legal status or leave the country voluntarily.

3. Options: If the business fails, the investor may explore other immigration avenues, such as finding a new employer willing to sponsor them for a different visa status or possibly applying for a different type of visa themselves, if eligible.

4. Departure: Ultimately, if the investor cannot salvage the business or find another legal basis to stay in the United States, they may be required to depart the country. Overstaying the authorized period without legal status may have negative consequences on future U.S. visa applications.

It is essential for E-2 visa holders to stay informed about their legal obligations and options in the event of business failure to avoid any potential immigration issues.

13. Can the investment be made in any state in the U.S.?

Yes, the investment for the E-2 Treaty Investor Visa can be made in any state within the United States. This flexibility allows investors to choose a location that best suits their business needs and goals. Whether it’s a high-tech startup in Silicon Valley, a manufacturing business in the Midwest, or a tourism-related venture in Florida, investors have the freedom to select the state that offers the most favorable conditions for their business success. It’s important to note that while the investment can be made in any state, certain factors such as market trends, regulatory environment, and access to skilled labor should be considered when determining the optimal location for the investment.

14. Can the E-2 Visa holder work in a different business or industry than the one they invested in?

Yes, E-2 visa holders are generally allowed to work only in the business that they have invested in and for which the visa was granted. However, there are certain circumstances in which an E-2 visa holder may be able to work in a different business or industry:

1. If the new business is closely related to the original investment: In some cases, if the new business is closely related in terms of industry or operations to the initial investment, the E-2 visa holder may be able to work in the new business. This usually requires approval from the U.S. Citizenship and Immigration Services (USCIS).

2. Changing businesses within the same investment: If the E-2 visa holder wants to change the type of business within the same investment, they may be able to do so with the approval of the USCIS. This could involve expanding or diversifying the original investment.

3. Starting a new business: E-2 visa holders may also be able to start a new business that is separate from the original investment. However, they would need to submit a new E-2 visa application for the new business.

Overall, while there are some opportunities for E-2 visa holders to work in different businesses or industries, it is important to consult with an immigration attorney or advisor to ensure compliance with the regulations and requirements of the E-2 visa program.

15. Are there any restrictions on the type of work the E-2 Visa holder can do in the U.S.?

Yes, there are restrictions on the type of work that an E-2 Visa holder can do in the U.S. The visa is specifically for individuals who are investing a substantial amount of capital in a U.S. business and managing that business. Therefore, E-2 Visa holders are generally limited to working for the specific business that is the basis for their E-2 Visa approval.

1. They are not allowed to work for any other business or engage in employment unrelated to the E-2 business.
2. E-2 Visa holders can also not engage in work that is significantly different from the activities described in their visa application and the approved business plan.
3. The primary focus of the E-2 Visa holder should be on overseeing and developing the investment that they have made, rather than taking on other unrelated employment opportunities.

Overall, while there are restrictions on the type of work an E-2 Visa holder can do, they are generally able to manage and work within the confines of the business for which their visa was approved.

16. Can the E-2 Visa be renewed and if so, for how long?

1. Yes, the E-2 Visa can be renewed indefinitely as long as the E-2 business continues to meet the requirements of the visa. Each E-2 Visa renewal typically grants a stay of up to two years.
2. To renew the E-2 Visa, the applicant must demonstrate that the business is actively operating and has the capacity to generate more than enough income to sustain the investor and their family.
3. The renewal process may also require submitting updated financial documents, proof of ongoing business operations, and evidence of job creation for U.S. workers, depending on the specific requirements of the consulate or embassy processing the renewal application.
4. The ability to renew the E-2 Visa indefinitely provides investors with the opportunity to continue growing and expanding their business in the United States, making it a popular option for foreign entrepreneurs seeking long-term residency in the country.

17. Are there any reporting requirements for E-2 Visa holders?

Yes, there are reporting requirements for E-2 Visa holders in the United States. These requirements are in place to ensure compliance with the terms of the visa and to provide relevant information to the U.S. government. Some of the key reporting requirements for E-2 Visa holders include:

1. Annual submission of Form I-129: E-2 Visa holders must have their employer submit Form I-129 to U.S. Citizenship and Immigration Services (USCIS) annually to verify the ongoing validity of the visa status.

2. Notification of material changes: E-2 Visa holders are required to inform USCIS of any material changes in their employment, investment enterprise, or personal circumstances that may impact their eligibility for the visa.

3. Change of address: E-2 Visa holders must notify USCIS of any changes in their address within 10 days of moving to a new residence in the United States.

4. Income reporting: E-2 Visa holders may be required to report their income and tax information to the Internal Revenue Service (IRS) and other relevant tax authorities.

Failure to comply with these reporting requirements can result in visa revocation or other legal consequences, so it is important for E-2 Visa holders to stay informed about their obligations and ensure timely and accurate reporting.

18. Can the E-2 Visa holder bring employees from their home country to work in the U.S. business?

1. Yes, E-2 Visa holders are allowed to bring employees from their home country to work in the U.S. business that they have invested in.
2. To qualify for this opportunity, the employee must also be a citizen of the same treaty country as the primary E-2 Visa holder.
3. The employee being brought to work in the U.S. business must perform an executive, supervisory, or essential skills role within the company.
4. It is important to note that the primary E-2 Visa holder must first establish the business in the U.S. and show that it will create job opportunities for U.S. workers as well.
5. The process of bringing an employee to work in the U.S. business under the E-2 Visa program involves additional paperwork and documentation to be submitted to the relevant U.S. authorities for approval.
6. Overall, the ability to bring foreign employees to work in the U.S. business can be a valuable asset for E-2 Visa holders looking to grow and expand their operations in the United States.

19. What factors are considered in assessing the ‘real and active’ operation of the business for E-2 Visa renewal?

In assessing the ‘real and active’ operation of a business for E-2 Visa renewal, several factors are considered to ensure that the business continues to meet the eligibility requirements. These factors may include:

1. Ongoing Business Activity: Immigration authorities will look at whether the business is actively operating and generating revenue.
2. Job Creation: The business should continue to create jobs for U.S. workers as outlined in the initial business plan.
3. Financial Performance: Evidence of continued investment in the business and financial growth will be important.
4. Compliance with Regulations: Adherence to all relevant laws and regulations, including tax filings and business registrations, is crucial.
5. Business Plans: Any updates or changes to the business plan should be documented to show a clear trajectory for the future.

These factors help demonstrate that the E-2 business remains a viable and sustainable enterprise, that it continues to contribute to the U.S. economy, and that the visa holder is actively engaged in managing and developing the business. Providing comprehensive documentation to support these factors is essential for a successful E-2 Visa renewal application.

20. How can an individual transition from an E-2 Visa holder to a permanent resident in the U.S.?

An individual holding an E-2 Visa can transition to permanent residency in the U.S. through several potential avenues:

1. Employment-Based Green Card: The E-2 Visa holder can pursue an employment-based green card, such as the EB-5 Immigrant Investor Program, which requires a significant investment in a U.S. business and the creation of jobs for U.S. workers.

2. Marriage to a U.S. Citizen or Permanent Resident: Another common route to permanent residency is through marriage to a U.S. citizen or permanent resident. The E-2 Visa holder can apply for a green card through marriage and adjust their status to become a lawful permanent resident.

3. Diversity Visa Lottery: The E-2 Visa holder may also consider applying for the Diversity Visa Lottery, which grants a limited number of visas to individuals from countries with historically low rates of immigration to the United States.

It is important to consult with an immigration attorney to explore the best option for transitioning from an E-2 Visa holder to a permanent resident in the U.S.