Requirements for E-2 Visa

If you are a citizen of a country that has a business treaty with the United States, you are eligible for the E-2 Investor Visa, which allows applicants to stay in the U.S. for up to five years (with uncapped two year extensions thereafter) for the purpose of making a business investment or running an enterprise. As its full name makes clear, the E-2 Visa requires that qualifying nationals have a credible plan to invest or operate a business in the U.S., with specific guidelines as to how sizeable the investment must be.

U.S. immigration authorities stipulate that regardless of the nature of your business activity — whether you are starting a new company or purchasing an existing one — you must show that your investment is “substantial”, yet there is no specific minimum amount that is required. That is because what constitutes a substantial investment varies depending on your business activity.

For example, the E-2 Visa requires that your business investment makes a positive contribution to the U.S. economy, namely in terms of job growth. Thus you are required to submit with your application a detailed business plan that will show how your activity will result in enough profits to hire new personnel. The amount you plan to invest must be sufficient enough to support several employees in the long term. How much that will be depends on what you plan to do. It is not unheard of for an E-2 Visa applicant to be accepted with an investment as small as $60,000 if their business plan proved credible (and ultimately fruitful) in being a net benefit for the U.S. economy.

So an applicant who can do more with less can make a good case for getting an E-2 Visa, especially with the help an immigration attorney who knows the requirements. The visa also allows you to borrow capital and receive gifts to benefit your business. Nonetheless, the more money you plan to invest — preferably $100,000 or more — the better your chances of being approved. Providing documentation of previous successful businesses and investments will go a long way towards burnishing your qualifications for the visa.

It is crucial that although there is no specified number of jobs that must be created, your business investment, and the subsequent growth it should create, cannot solely support you and your family: an activity that supports only the visa holder and their dependents is legally classified as “Marginal” and is not permitted under the E-2 Visa. Keep this in mind when devising your business proposal and investment amount.

Even a large investment is by no means a guaranteed for approval, especially with all the other criteria that must be met. Jurado & Farshchian has helped numerous clients qualify for the E-2 Visa and knows the complex application process inside and out. To find the visa you need to pursue your investment in the U.S., contact 305–921–0440 or romy@jflawfirm.com.

Read more at Understanding the E-2 Visa’s Investment Requirements