E2 Visa Requirements - Overview
Foreign investors who invest a “substantial amount of capital”
in a US business, and who will develop and direct the business may
apply for the E2 investor visa, if their country of citizenship
has the required treaty with the US. Foreign companies whose owners
are nationals of a treaty country may potentially petition their
employees for the E2 visa.
The investor must demonstrate that he or she has control of the
enterprise by showing ownership of at least 50 percent of the business
and possessing operational control through a managerial position
or other means. The investor must have already invested in the US
business or is actively in the process of investing in the business.
The investment must be substantial. The law does not specify a
minimum dollar amount to qualify. Instead, “substantial investment”
is defined as sufficient funds to ensure the investor’s financial
commitment to the successful operation of the E2 enterprise and
large enough to support the likelihood that the investor will successfully
direct and develop the business. The investment enterprise must
be more than a marginal business solely for earning the investor’s
living.
The business must a real and operating enterprise. If the applicant
is not the principal investor, he or she must be employed in an
executive or supervisory capacity, or possess skills that are highly
specialized and essential to the operations of the commercial enterprise.
Ordinary skilled or unskilled workers do not qualify.
The E2 visa has a nonimmigrant intent requirement. Nonimmigrant
intent means the applicant must intend to depart the United States
when the E2 status terminates. However, holders of E2 visas may
renew their visas indefinitely as long as they continue to own and
operate their E2 enterprise or work for a qualifying E2 business
in the case of an employee.
FOR CONSULTATION WITH AN IMMIGRATION LAWYER, PLEASE CALL
US AT (626) 279-5341 OR E-MAIL US AT: INFO@E2VISALAWYER.NET. AN ATTORNEY IN OUR OFFICE WOULD
BE HAPPY TO ASSIST YOU.
THE INFORMATION ON THIS WEBSITE IS NOT TO BE CONSIDERED LEGAL
ADVICE. SUCH INFORMATION IS INTENDED TO EDUCATE MEMBERS OF THE PUBLIC
GENERALLY AND IS NOT INTENDED TO PROVIDE SOLUTIONS TO INDIVIDUAL
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REGARDING SPECIFIC CASE SITUATIONS.
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