E2 Visa Basic Requirements

The E2 visa provides an opportunity for foreign investors to come with the family to America to invest and run the business here. The E2 is a nonimmigrant visa. It means that it does not give you a straightforward way to the Green Card. However, you can renew it an unlimited number of times.

The basic requirements for an E2 visa are:

1. The foreign investor must be a citizen of a country with a treaty of commerce and navigation with the USA.
2. The amount of investment must be “substantial.”
3. The investor must demonstrate the intent to enter the USA with the only purpose to run the investment enterprise.

1. The first requirement is crucial. Only citizens of the countries with an existing agreement on commerce and navigation with the US can apply. You can check whether your country is on the list here. If the country of your citizenship does not have such an agreement and you still want to get an E2 visa, the only way to proceed would be by getting another citizenship of the country that has such a treaty. For instance, a small island state of Grenada has such a treaty with the USA. In addition, Grenada has a citizenship by investment program.
2. In terms of investment, there are two features there. Namely, (1) that the amount of investment must be “substantial” and that (2) it should be invested in a “bona fide” enterprise in the USA. You won’t find any official comments on how much “substantial” means. Although, we know that in practice, it should be not less than $100,000 (one hundred thousand US dollars). The Latin term “bona fide” means that it must be a real business venture, where you invest your money and which you are going to develop for profit. In other words, it should not be a cover-up to get into the USA.
3. This third essential requirement means that your only intention should be to invest your money into a US commercial entity, personally manage it for profit, and leave the US territory when your business project is over.

Source of Funds and How Much You Must Invest

When going along the way to an E2 visa, you must demonstrate that the funds used for investment have a legal source. In other words, they do not come from any criminal or illegal activities directly or indirectly. The proper way to do this is by providing supporting documentation on how you earned your money. This proof of income could be in the form of bank statements, company documents showing that you own it and received dividends, and so on. The better substantiated your source of income, the better chances of a smooth verification process.

As mentioned above, there are no official commentaries on how much the “substantial” amount must be. However, the USCIS practice shows that anything less than $100,000 is a non-starter. At the same time, it does not mean that simply investing $100,000 would be enough to get you an E2 visa. It must be a real business venture, and you must be personally involved in terms of investing and running the business for profit. Accordingly, the amount can vary considerably from $100,000 up depending on what kind of business you choose.

Other Specific Conditions for Visa E2

Besides the basic requirements, there are some other specific conditions that any E2 applicant should meet. For instance, one of them is that the investment must be “at-risk.” It means that you are investing in an American enterprise of your choice as in any other actual business project. You are supposed to accept the risk of losing a part or even the whole of your investment if something goes wrong. This rule aims to prevent foreign investors from creating entities for the only purpose of getting an E2 visa.

Another condition is that the foreign investor must have at least 50% ownership of this newly established or acquired US enterprise or managerial position. In practice, it’s better to have both. This way, you show your intention and commitment to invest in the US business and run it personally for profit.

Your E2 visa is valid for two years. Then you can extend it again and again with no limit of the times of extension. However, each time you apply for an extension, you will have to provide the supporting documents showing that your enterprise either has profit or is on its way to it. Thus, you should choose your object of the investment carefully.

Here we come to another important condition on “marginal enterprises.” This condition says that your enterprise in the USA may not be marginal. In other words, it should have a capacity to generate income, which would be enough to support you and your family. If your enterprise cannot generate such an income right away, it should start generating it within the next five years.

Additional Services

Besides providing you with a comprehensive package of services on the E2 visa, we can help you with legal and strategic consulting on many other issues that you might need on your way to moving to the USA and running your business here. Whether it relates to your immigration status, business interests, or anything else, we are here for you to help. Get in touch with us to find out more.