1. What is an E-2 Investor Visa?
An E-2 Investor Visa is a type of nonimmigrant visa that allows a foreign national to enter and work in the United States when they have invested, or are in the process of investing, a substantial amount of capital in a United States business. This visa is typically granted for up to five years (with extensions) and is renewable for as long as the investor maintains a qualifying investment.
2. Are there any requirements for obtaining an E-2 Investor Visa?
Yes, there are requirements for obtaining an E-2 Investor Visa. The applicant must meet the following criteria:
1. The investor must be a national of a country with which the United States has a treaty of commerce and navigation.
2. The investor must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.
3. The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not considered to be at risk.
4. The investment must be a real operating enterprise, and not just a paper organization. It must be an active commercial or entrepreneurial undertaking producing services or goods for profit.
5. The investor must be coming to the United States solely to develop and direct the enterprise. If the applicant is not coming solely to develop and direct, then other nonimmigrant categories may be more appropriate.
3. What are the qualifications for an E-2 Investor Visa?
The qualifications for an E-2 Investor Visa are as follows:
1. The investor must be from a country that has a qualifying treaty of commerce and navigation with the United States.
2. The investor must be coming to the United States solely to develop and direct the investment enterprise.
3. The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise.
4. The investment must be a real operating enterprise. Speculative or idle investment does not qualify.
5. The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise do not qualify.
6. The investor must show that the funds have not been obtained from criminal activity.
4. How do I demonstrate sufficient funds to qualify for an E-2 Investor Visa?
To qualify for an E-2 investor visa, you must demonstrate that you have sufficient funds to invest in a business in the United States. The exact amount of funds needed will depend on the type of investment you are making. Generally, USCIS requires that you have enough funds to cover the cost of setting up and operating the business you are investing in for at least one year. However, the exact amount will depend on the type of business and other factors.
5. What types of investments qualify for an E-2 Investor Visa?
The E-2 Investor Visa requires applicants to make a “substantial” capital investment in a bona fide enterprise in the United States. This investment must be sufficient to establish and develop the enterprise, and it must be irrevocable. Examples of qualifying investments include: real estate, a franchise, stocks, bonds, limited partnerships, LLCs, or other business entities.
6. How does the financial investment impact the application process for an E-2 Investor Visa?
The financial investment required for an E-2 Investor Visa can have a significant impact on the application process. The E-2 visa requires evidence of a substantial investment that is more than a marginal investment for personal gain. The amount of the investment must be sufficient to meet the requirements of the law, and it must be at risk in the commercial enterprise, not secured by any other assets. The applicant must be able to demonstrate that the funds have been, or are in the process of being, committed to the business. Prospective investors must also demonstrate that they have the necessary funds to sustain the business and make it successful in the long term. Furthermore, applicants must provide evidence that their financial investment is actively participating in the national economy and generating or will generate jobs in the U.S. for American workers.
7. How much money will I need to invest in order to qualify for an E-2 Investor Visa?
The minimum investment amount required to qualify for an E-2 Investor Visa is $100,000 USD. However, this amount may vary depending on the particular business that you are investing in.
8. How long does the application process take for an E-2 Investor Visa?
The processing time for an E-2 Investor Visa can vary depending on the individual situation. Generally, the processing period can range from a few weeks to several months.
9. What documents will I need to provide in order to apply for an E-2 Investor Visa?
In order to apply for an E-2 Investor Visa, you will need to provide the following documents:
1. A valid passport
2. Evidence of investment or commitment to invest in a US business
3. Detailed business plan for the US business
4. Proof of ownership of the US business, such as financial statements, corporate documents, licenses, etc.
5. Evidence of the investor’s nationality
6. Evidence that the investor has sufficient funds to carry out the proposed business venture
10. What are the risks associated with obtaining an E-2 Investor Visa?
The risks associated with obtaining an E-2 Investor Visa include:
1. Difficulty in obtaining an E-2 Visa. Applying for an E-2 visa is a complex and time-consuming process and requires documentation to prove that the applicant meets all the criteria.
2. Investing a significant amount of capital. The applicant must be willing to invest a substantial amount of capital in the enterprise.
3. Demonstrating the necessary skills. The applicant is also required to demonstrate that they have the necessary business knowledge or managerial skills to successfully run the US business.
4. Meeting the nationality requirements. The applicant must be a national of a treaty country in order to be eligible for an E-2 investor visa.
5. Maintaining immigrant intent. The applicant must clearly demonstrate that they have no intention of settling permanently in the US and intend to return to their home country once their business venture has concluded.
6. Renewal requirements. An E-2 investor visa must be renewed every two years and the conditions of entry must be met each time.
7. Limited benefits and rights. An E-2 investor visa does not offer many of the rights or benefits of other visa categories, such as permanent residency or naturalization rights, and may not be extended beyond five years without further proof that the applicant meets all the criteria for an E-2 visa renewal.
11. How long is an E-2 Investor Visa valid for?
An E-2 Investor Visa is typically valid for two to five years. The visa can be renewed indefinitely as long as the investor maintains their investment and the terms of the visa.
12. Can I bring my family with me while on an E-2 Investor Visa?
Yes, you can bring your family with you while on an E-2 Investor Visa. The applicant’s spouse and unmarried children under 21 years of age can travel to the U.S. with the applicant and also be eligible for E-2 dependent status. The E-2 dependents may attend school in the U.S., but are not eligible to work unless they obtain a separate work visa.
13. Are there any restrictions on activities that can be done while on an E-2 Investor Visa?
Yes, while on an E-2 Investor Visa, some activities may be restricted. Generally, individuals are not allowed to be employed directly by a U.S. business while on an E-2 Investor Visa. Additionally, individuals are not allowed to work as independent contractors. Additionally, individuals must continuously demonstrate that they have invested a significant amount of capital into their business and are actively engaged in the daily operations of the business. Finally, individuals must abide by all U.S. laws and regulations.
14. What are the tax implications of having an E-2 Investor Visa?
The E-2 Investor Visa is a nonimmigrant visa that allows a foreign national to enter and work in the U.S. temporarily. The tax implications are similar to those of any other nonresident alien. Specifically, E-2 visa holders are subject to U.S. taxes on any income they earn from a business or investment in the U.S., plus any other income earned worldwide. They must file a Form 1040NR (U.S. Nonresident Alien Income Tax Return) each year, and pay taxes on this income at the applicable rate. They may also be subject to state taxes, depending on the specific laws of the state in which they live.
15. What are the employment options available while on an E-2 Investor Visa?
There are no employment options available while on E-2 Investor Visa. The holder of an E-2 Investor Visa is expected to devote their full time and attention to the venture that the visa is based on. Any employment outside of the business activity that the visa was granted for is considered to be a violation of the visa conditions and could result in the visa being revoked.
16. Are there any restrictions on how long I can stay in the US while on an E-2 investor visa?
The maximum period of stay on an E-2 investor visa is two years. After the initial visa is valid for two years, the applicant will need to apply for an extension in order to remain in the US. Extensions are usually granted in increments of two years and there is no limit to the number of extensions that can be granted.
17. Are there any special requirements or restrictions that apply to certain countries when applying for an E-2 investor visa?
Yes, there are. Each country has its own specific requirements that must be met in order to be eligible for the E-2 investor visa. Generally, countries must have a treaty of commerce and navigation with the US, and the investment must be substantial and have the purpose of generating a profit. Some countries may also require that the primary investor be a national of the treaty country, or that the investment capital originate from the treaty country.
18. Does your investment need to be active when applying for an E-2 investor visa?
No, an E-2 visa does not require that the investment be actively managed. The investment must, however, be a real, active, and operating commercial enterprise that produces some type of service, good, or revenue.
19. Is it possible to apply for a green card while on an E-2 investor visa?
Yes, it is possible to apply for a green card while on an E-2 investor visa. However, the process can be complicated and applicants should consult with an immigration attorney for more detailed information on the process.
20. Do I need to keep my investment active during the duration of my E-2 investor visa?
Yes, you must keep your investment active during the duration of your E-2 investor visa. This means that you must maintain the capital invested in the U.S. business and continue to manage and develop the business. Failure to do so could result in the termination of your E-2 visa.