Investing Your Way into America: A Comprehensive Guide to E-2 Visas
Are you an entrepreneur with dreams of expanding your business horizons to the United States? The E-2 visa might just be the key to unlocking the doors to your American dream. In this comprehensive guide, we will walk you through the ins and outs of E-2 visas, providing you with all the essential information.
Understanding E-2 Visas: The Basics
E-2 visas offer individuals the opportunity to enter and work in the United States based on their investment in an American business. The duration of these visas typically ranges from three months to five years, contingent upon the applicant's country of origin. The best part? E-2 visas can be extended indefinitely, allowing entrepreneurs the stability they need to grow their ventures.
What Constitutes a Substantial Investment?
While there is no legally defined minimum, a substantial investment is necessary for an E-2 visa application. The key is to thoroughly research your business venture, accounting for operational costs, market demands, and potential profitability. Consulting with immigration experts can provide valuable guidance in estimating the appropriate investment for your specific business. The experts at May Law Group typically recommend investments ranging from $70,000 to $75,000 as a minimum threshold. Remember, the source of all funding must be documented, and a business plan is required for the E-2 company.
Eligibility Criteria and Controlling Interest
E-2 visas are exclusively available to citizens of specific countries with E-2 treaties with the United States. Remember, U.S. citizens and permanent residents who are also citizens of the E-2 treaty country don't contribute to the nationality requirement of the E-2 business.
Additionally, the investor must have a controlling interest in the business, usually over 50% ownership. While creating a new business is certainly an option, E-2 visa investors may also purchase a franchise or operating business for sale. Owning stock in a company would not meet the requirements for an E-2 visa unless a controlling interest in the business was obtained.
Expanding the Scope: Non-Investor Employees
E-2 visas are not limited to investors alone. Non-investor employees of the E-2 company can also apply if they share the same nationality as the investor. These employees must hold executive, supervisory, or specialized skill roles essential to the operation of the U.S. business.
Bringing Family Along: Derivative E-2 Visas
The perks of an E-2 visa extend to your family. Spouses and unmarried children under 21 years of age can receive derivative E-2 visas to accompany the principal applicant. Spouses even have the opportunity for employment authorization in the United States. The duration of the visa for a family member who is of a different nationality from the principal applicant is determined by reciprocal agreements between the family member’s country of origin and the United States. If no reciprocal agreement exists, the derivate E-2 visa duration is the same as the principal applicant’s.
How to Apply: Change of Status and Consular Applications
Applying for an E-2 visa can occur through a change of status within the United States or by applying at a U.S. consulate or embassy. May Law Group has extensive experience in filing both change of status applications and consular applications in various countries, including Canada, Germany, Moldova, the Czech Republic, and Lithuania.
For the most current list of eligible E-2 treaty countries, visit:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
The E-2 visa offers a tremendous opportunity to global entrepreneurs seeking their American Dream, and May Law Group is proud to guide our clients through the intricacies of the process. Contact us for a free consultation to determine if the E-2 visa is the best option for you.