What is an E-2 investment visa?
The E-2 visa is an opportunity for foreign nationals of specific E-2 treaty countries who are seeking to invest and create a commercial enterprise in the United States.
What is an E-2 treaty country?
The U.S. Department of State has a list of countries that considered treaty countries here.
General Qualifications of a Treaty Investor:
To qualify for E-2 classification, the treaty investor must:
Be a national of a country with which the United States maintains a treaty of commerce and navigation;
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
Investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.
A substantial amount of capital is:
Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.
During our consultation, we’ll discuss if your current business plan/strategy is viable for the E-2 visa option. If not, I’ll provide you with a way to increase the business plan’s viability and personally connect you to a team of professionals in the industry who have proven success records!