E-2 Visa

E2 Visa Eligibility – It Is Suitable For:

Entrepreneurs from treaty countries investing substantially in a U.S. enterprise

Nationals of treaty countries entering the U.S. to develop and direct investments from the treaty country

Nationals of treaty countries entering the U.S. to develop and direct the operations of an enterprise in which they have invested, or they are actively in the process of investing a substantial amount of capital Immediate family members of E2 visa USA holders

Companies in treaty countries to send key personnel to manage the U.S. affiliate or branch

Companies in treaty countries to send personnel to setup a U.S. company

E2 Visa Benefits

You can work legally in the U.S. for a U.S. company that is the subject of the investment

You can travel freely in and out of the U.S. while on a valid startup visa

You can stay on a prolonged basis with unlimited two year extensions as long as you maintain valid USA E2 visa status

You may bring your dependents (spouse and unmarried children under the age of 21) to live with you in the U.S.

Your spouse may seek employment by applying for an employment authorization document

E2 Visa Requirements

To qualify for the E2 treaty investor visa, you must fulfill the following requirements:

  1. You Must Be A National of A Treaty Country
  2. You must be a national of a country that maintains treaties of navigation and commerce with the U.S. for E2 visa purposes.

  3. Your Investment Must Be Substantial
  4. It must be sufficient to ensure the successful operation of the enterprise. The percentage in investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise.

  5. Your Investment Must Be In A Real Operating Commercial Enterprise
  6. Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.

  7. Your Investment May Not Be Marginal
  8. The investment must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the U.S.

  9. You Must Have Control of Funds And Bear The Risk of Investment
  10. You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise only are not considered to be at risk.

E2 Visa Notes

Spouses of E2 visa holders may accept employment in the U.S. by obtaining an Employment Authorization Document.

To change the purpose of your visit while you are in the U.S. on an E2 visa, you must change your visa status.

The information provided here is applicable to New E2 Investor Visa and E2 Extension.

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