E-2 Investor Visas
Are you a foreign national entrepreneur with a great business idea? Do you have funding to put your plan into action? Perhaps your only roadblock is the fact that you don’t have enough time on your current, temporary visa to launch your business. An E-2 Investor Visa might be the perfect avenue to start your investment while simultaneously maintaining you and your family’s residence in the United States.
In order to qualify for an E-2 Investor Visa, an individual must meet the following three requirements:
1. Be a national of a country with which the United States maintains a treaty of commerce and navigation;
2. 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
3. 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.
Foreign nationals from many different countries are eligible to apply for the E-2 Investor Visa. A list of the specific countries that are parties to a treaty of commerce with the United States can be found here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html. If your native country is on this list, then you are eligible to apply. Dual citizens can apply so long as at least one of their native countries is on the list.
Individuals can apply for the E-2 Investor Visa either abroad at a U.S. Consulate or from within the United States if they are currently in an authorized period of stay. While the E-2 Visa does not lead to permanent legal residency within the United States, it can be renewed indefinitely. Also, spouses of the principal applicant receive work authorization, and unmarried children under the age of 21 are eligible to enroll in school.
The key to successfully obtaining an E-2 Investor Visa is to have a clear and thorough business plan along with a transparent accounting of the funds you will use to start your business. Complex immigration forms and additional supporting documents must be organized and presented to U.S. Citizenship and Immigration Services (“USCIS”) in a specific manner to maximize the potential for an approval.
At The Dove Firm, our team of attorneys specializes in many different areas including Business Formation, Tax Law, Accounting, and Immigration. This allows our office to be a one-stop shop from the beginning to the end of the application process, keeping your costs low while freeing you up to focus on launching the business.