Investing in America – E2 Visa PART – 4

Let’s take a deeper dive into the main considerations when thinking about an E2 case.

The E-2 visa is a non-immigrant visa type designed for individuals from treaty countries who wish to invest a substantial amount of capital in a U.S. business. Preparing an E-2 visa application requires careful attention to detail and a comprehensive understanding of the application process. Here are the key things to bear in mind:

1. Eligibility Criteria: Before beginning the application process, ensure that both the investor and the business meet the eligibility criteria. The investor must be a national of a country with which the U.S. maintains a treaty of commerce and navigation. Furthermore, the applicant must be investing a substantial amount of capital in a bona fide enterprise in the U.S.
2. Substantial Investment Requirement: The term “substantial” is relative but generally means an amount sufficient to ensure the investor’s financial commitment to the success of the enterprise. It should be proportional to the total cost of either purchasing an established enterprise or establishing a new one. Importantly, the investment must be at risk, meaning it could be lost if the business fails.
3. Bona Fide Enterprise: The business must be a real, active, and operating commercial or entrepreneurial undertaking, producing services or goods for profit. Paper organizations, idle investments, or speculative ventures do not qualify.
4. Marginality: The E-2 enterprise should be more than marginal; it should have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family, or it should make a significant economic impact in the U.S.
5. Source and Path of Funds: It is crucial to document the legal source and path of the investment funds. Applicants must demonstrate that the funds were obtained legally and have moved into the U.S. through legitimate channels. This could involve supplying bank records, tax returns, sale deeds, loan documents, etc.
6. Business Plan: A comprehensive and professionally prepared business plan is essential, especially for start-up businesses. The plan should outline the company’s goals, financial projections, marketing strategies, and employment goals over a five-year period. It should also emphasize the investor’s role in the day-to-day operations and highlight how the business will support a substantial economic impact.
7. Role and Duration: Clearly define the investor’s operational role and managerial responsibilities within the business. For employees seeking E-2 status, it must be shown that they hold an executive/supervisory role or possess skills essential to the operation.