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E2 is a Non-Immigrant Visa for Investors and Entrepreneurs who want to Start, Acquire or Invest in a Business in USA.
Investor Visa is designed for alien who wish to make a business investment in the United States (US). An Example of such investment can be purchasing or opening a business in the US. Visas are normally issued for five years with an option to extend it indefinitely, for two years at a time, as long as the company is still in business and all the above requirements are met. Alien may pursue a Green Card application in any other category. Alien’s spouse and unmarried children less than 21 years will be entitled to a Derivative status and Alien’s spouse issued work authorization Card (can work for any employer).
A treaty trader or employee may only work in the activity for which he or she was approved at the time the classification was granted.
An E-1 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. Spouses of E-2 Investor may apply for work authorization by filing a separate petition with fee. If approved, there is no specific restriction as to where the E-2 spouse may work.
Selecting the nature of business is a decision which the investor has to take very carefully. There can be various factors which can help to decide which business is most suitable for an investor to start;
Investment amount is absolutely depending on the nature of business. Officially there is no minimum amount required by govt. In general, if you choose to start any services business it can be around $80,000 – $100,000 and for any Retails or Consumer Businesses it must be around $150,000.00 or more.
There are 2 ways to make an E2 investment: 1. You can make the investment yourself as an individual 2. Your foreign business can make the investment
You are the E2 investor Your country of citizenship will determine your nationality
The foreign business is the E2 investor The individual owners of the business will determine the nationality of the business The foreign business must be at least 50% owned by nationals of the treaty country.
The business you invest in must be an active and for-profit business.
A passive investment will not qualify. You cannot invest in a piece of residential real-estate or a stock portfolio.
The business should be engaged in some kind of entrepreneurial activity such as selling a product or providing a service, for profit.
To get an E2 visa, your investment must be “irrevocably committed” to the E2 business and must also be “at-risk.”
For this requirement, we will break it down into 4 parts:
For an E2 visa, you must make an actual investment.
This means you must put capital at risk for the purpose of generating a profit.
The investment funds must be subject to total loss.
There can be no guarantee that you will get any portion of your investment funds back.