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How Much Should You Invest in Purchasing an Existing Business for an E-2 Visa?

The E-2 visa is a non-immigrant visa that allows nationals of treaty countries to enter the United States to invest in and manage a business. It is possible to qualify for the E-2 visa by purchasing an existing business or starting a new one.

In this article, we will discuss the investment amount for purchasing an existing business.

For details on how much to invest for a new startup business, click here

Understanding the E-2 Visa Investment Amount for Buying an Existing Business

No Fixed Minimum Investment

U.S. immigration law does not specify a fixed minimum investment amount for an E-2 visa. Instead, it requires that the investment be "substantial." Unfortunately, the term “substantial” lacks a clear numerical definition, making it difficult for investors to know exactly how much to invest. We understand that with tens of thousands of businesses available at varying prices, this ambiguity can cause significant stress and uncertainty.

Many investors worry about purchasing an existing business only to be denied the visa for not investing the right amount.

In this article, we'll explore some investment ranges for purchasing existing businesses to clarify how visa officers determine if an investment is substantial for an E-2 visa. By examining specific examples, we'll illustrate what constitutes a strong investment and what factors visa officers consider.

Key Considerations When Purchasing an Existing Business

Purchase Price, Financial Performance, and American Workers

The purchase price of an existing business is crucial but not sufficient on its own to meet E-2 visa requirements. When considering the investment amount, you MUST consider these two main factors:

  1. Business Financial Performance: Determine whether the business generates sufficient profits for the E-2 investor and their family to live comfortably in the U.S. This factor is part of the E-2 visa requirements and visa officers will evaluate an existing business’ past performance to determine the E-2 investor’s potential income.
  2. American Workers: Assess if the business can maintain and/or hire additional American workers, providing them with a livable wage. The E-2 visa aims to bring economic benefits to the U.S., so hiring American workers is essential.

Depending on the business's financial performance and payroll, additional investment beyond the purchase price may be necessary. While several factors determine E-2 visa eligibility, this article will focus on the above two main factors to help investors understand how much they should invest in an existing business.

Now let’s apply these two main factors (Business Performance and Job Creation) to the following investment ranges.

Existing Business with Purchase Prices of $100,000 or More

Purchasing an existing business with a purchase price of $100,000 or more, assuming it is the fair market value, could make for a substantial investment if:

  1. Financial Performance: The business's financial performance over the past few years generates enough profits to allow a comfortable living for the investor and their family. This depends on the cost of living in the area where the investor and their family will reside and the number of household members. The chart below provides a general example.
  2. American Workers: The business employs sufficient American workers. The employee payroll should demonstrate livable wage for the workers.

If these factors are met, then the business purchase price could be considered “substantial” and would make a promising E-2 visa application.

If these factors are not met, the business may be considered marginal (too small), and the investor may need to make additional investments to improve the business, increasing their investment beyond just the purchase price.

Businesses with Purchase Prices Below $100,000

From our years of experience evaluating thousands of businesses, many priced below $100,000 often have losses or mediocre profits. This does not mean they cannot qualify for the E-2 visa, but E-2 investors need to adjust their expectations regarding the investment amount.

Purchasing a business below $100,000 may not be considered a substantial investment if:

  1. Financial Performance: The business’s financial performance over the past few years does NOT generate enough profit for the investor and their family to live comfortably in the U.S. Comfortable living depends on the cost of living in the area and the number of household members. The chart below provides a general example.
  1. American Workers: The business does NOT employ a sufficient number of American workers or provide a livable wage for them. The E-2 investor is expected to create or maintain meaningful jobs for the U.S. labor market. What is considered meaningful jobs depends on a variety of factors, including the number of employees, wage levels, part-time or full-time workers, professional, skilled or unskilled occupations, etc.

If the business does not show strong financial performance or adequate employment of American workers, then it may be considered marginal and not qualified for the E-2 visa. In such cases, additional investments to improve the business will likely be necessary to present a viable E-2 visa case, increasing the total investment beyond just the purchase price.

ANNUAL INCOME FOR COMFORTABLE LIVING IN THE UNITED STATES

Conclusion

As you can see, due to these additional factors, the E-2 visa law cannot specify an exact investment amount. However, we have a clear methodology to evaluate whether an investment amount is sufficient for the E-2 visa. We have successfully applied these methods in over 600 approved E-2 visa cases so far.

Purchasing an existing business can be a viable path to obtaining an E-2 visa, but it requires careful consideration. If you'd like an evaluation of your investment amount for an existing business, we are here to help. Please contact our office to request a business evaluation.

How We Can Help

Tailored Solutions for E-2 Visa Applicants

Our law firm specializes in providing in-depth knowledge and tailored solutions for E-2 visa applicants. We go beyond standard regulations to address unique business, visa, and logistical challenges.

  1. Real Strategies: Proven strategies that have helped hundreds of clients achieve E-2 approval.
  2. Expert Guidance: Our team has extensive experience with E-2 visas, offering step-by-step guidance.
  3. Referral Network: Access to a network of professionals who understand the E-2 process.

Contact Us

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.
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E-2 Investor Visa Process for Canadian Applicants

The E-2 Investor Visa provides Canadians with the opportunity to live in the United States while working and managing their own U.S. based business.

There are lots of questions that surround the E-2 visa. In this article, we’ll walk you through the submission process such as where to apply, how to apply, what forms are required, and visa fees.

Most importantly, we’ll highlight the investment process which is all the pre-work that needs to be done even before an E-2 application is prepared and submitted.

The following application and submission information is specific for Canadian citizens and legal residents of Canada.

  • Where to Apply
  • Submission Process
  • After Submission
  • Investment Process (Before Submission)
  • Summary FAQ

Please note that each U.S. Embassy or Consulate has its own procedures and requirements. E-2 Visa submission procedures and processes are subject to change without any given notice by the U.S. Embassy or Consulate.

Where to Apply

Toronto U.S. Consulate

Canadians can apply for the E-2 Investor Visa at the U.S. Consulate in Toronto, which is specifically designated for handling E-2 visa applications. Once approved, Canadians can receive an E-2 visa valid for up to five years, allowing multiple entries into the United States during this period. This means that the E-2 visa for Canadians authorizes travel in and out of the U.S. without restrictions.

What About Other U.S. Consulate Locations?

All other U.S. Consulates in Canada do not process E-2 investor applications, except for E-2 dependent spouses and children, or employees filing separately from the primary E-2 investor applicant.

Can I Apply Inside the U.S.?

Applying within the U.S. is known as a Change of Status (COS). This process differs from applying for an E-2 visa at the U.S. Consulate in Toronto. There are significant differences that lead most Canadians to prefer applying in Toronto. For details about COS verses Consular visa processing, watch our video.

This article will focus on E-2 visa submission to the U.S. Consulate in Toronto.

Submission Process

The submission procedure for the E-2 Investor Visa involves several key steps outlined below. Before filing an E-2 application, the investor must first meet the E-2 visa requirements by making a qualifying buisness investment, as described in the section titled "Before Submitting the E-2 Application" in this article.

Completing the DS-160 Form

Once an applicant has completed their investment, the first step in the submission process is to fill out the Form DS-160, online non-immigrant visa application. This form typically requires details about your visa and U.S. travel history, education and work history, and, most importantly, information about your investment amount, expenditures, business details, and employees.

If an investment has not been completed through either starting a new business or purchasing an existing business, you will be unable to properly complete the business information section of the DS-160, and thus, preventing you from submitting the application form. It is crucial to ensure all information is accurate and up-to-date, as any discrepancies between your answers and the supporting documents can delay your visa processing or result in E-2 visa denial.

You should not submit the DS-160 form for your E-2 visa application, until you have made a business investment that meets the E-2 visa requirements. For more details on making a qualifying investment, please refer to the section titled "Before Submitting the E-2 Application" in this article.

Prepare and Submit Form DS-156E, Treaty Investor Application

Form DS-156E is used for the E-2 Investor Visa to demonstrate the applicant is making a substantial investment in a qualifying U.S. business by either starting a new business or purchasing an existing one. This form is typically submitted together with supporting documents for the E-2 investment.

Key Sections of DS-156E

Part 1: Information About the U.S. Enterprise

  • Details about the U.S. business, including name, address, nature of the business, and proof of the enterprise's nationality.
  • Information about the total investment amount and the applicant’s role in the business.

Part 2: Information About the Staff

  • Information about the U.S. business personnel, such as managers and employees.

Part 3: Information About the Applicant

  • Description of the applicant’s qualifications and how they are essential to the enterprise's operations.

Form DS-156E may seem straightforward with only three pages, but it is more complex than it appears. Completing sections such as "Total Investment" requires a deep understanding of what constitutes a substantial investment in relation to the business; the appropriate balance of remaining cash; and which equipment purchases count toward the investment (e.g., whether a vehicle purchase is included). There is significant preparatory work and understanding required to make an investment eligible for the E-2 visa before filling out this form. Additionally, any discrepancies between this form, the supporting documents, and the DS-160 can lead to visa delays or even denial of the visa application.

Pay the Visa Fee

The visa fee for the E-2 Investor Visa is $315 USD per person. For families, this fee will multiply by the number of applicants. For example, a family of four will need to pay a total of $1,260 USD (315x4).

Keep in mind that visa fees are subject to change, so please verify the current fee amounts before making payments.

Supporting Documents

Compile all necessary documents and evidence to support your E-2 application. This includes your DS-160 confirmation page(s), visa fee payment receipt, and any additional documents required by the U.S. Consulate, such as but not limited to:

  • Passports
  • Business registration documents
  • Partnership agreement
  • Shares/stock certificates
  • Source of funds
  • Receipts/Invoices of startup expenses
  • Purchase agreement for purchasing existing business
  • Bank statements
  • Proof of payroll

For more examples, sign-up for the “Ultimate E-2 Visa Guide”, where you’ll receive our eBook containing a list of common supporting documents for the E-2 visa.

Prepare a Cover Letter and Table of Contents

The Toronto U.S. Consulate requires a cover letter explaining how the applicant's investment meets the E-2 visa requirements. Additionally, a table of contents outlining the supporting documents must be included in the application.

Submit the E-2 Visa Application Package

Submit the forms, cover letter, table of contents, and supporting documents to the Toronto U.S. Consulate, which only accepts digital submissions by email.

Disclaimer: Visa fees and submission procedures are subject to change. Always check the latest information on the U.S. Consulate's website before proceeding.

After Submission

Once you have submitted your E-2 visa application, the processing time can vary. Typically, it takes between 1-3 months for the U.S. Consulate in Toronto to review and process an E-2 application in most cases. The 1-3 months process includes:

Application Review

Consular staff will review your application to ensure all documents are complete and accurate. They may request additional information if needed. If they are satisfied, the Consulate will send you an invitation email to schedule a visa interview appointment. It may take between 2-4 weeks or longer to receive a reply from the consulate. Applicants will need to be patient.

Visa Interview Scheduling

If your application meets the necessary criteria, you will receive an email inviting you to schedule an interview appointment at the Toronto consular office. Note that interview dates are usually available one or more months into the future.

Visa Interview

During the interview, visa officers will assess your eligibility for the E-2 visa. Be prepared to discuss your investment, business plans, and personal background. After the interview, you will receive a response indicating whether your application is approved, denied, or requires further administrative processing.

Investment Process (Before Submission)

The E-2 visa requires that an investment be committed first. In simple terms, you need to actually invest your funds to start up a business or purchasing an existing business before submitting anything to the U.S. Consulate.

How To Get Started On The Investment Process?

  1. Speak with an experienced E-2 Visa Attorney:

 Receiving proper guidance from the beginning is important. An experienced attorney can help you understand what qualifies as legitimate funding sources; how to transfer funds correctly; and other important details. Avoid common mistakes that could lead to E-2 visa denial.

Videos

Speak With Us – let us know your goals, get real-life strategies, get your questions answered. 

  1. Determine the Right Investment Amount:

Make sure you have a substantial investment amount appropriate for the type of business, and have a clear understanding of how to allocate the investment spending to satisfy the E-2 visa requirements. Use the free resources below to learn how much to invest for the E-2 visa.

Reading Material

Videos

  1. Choose the Right Business:

Decide on a business to start-up or purchase. From evaluating thousands of businesses, Attorney Bobby Chung has developed a four factor formula to determine ideal business models for E-2 visa eligibility. You can find out what these four factors are in the links below.

Reading Material

Videos

Start-up Businesses: We assess start-up business models and provide feedback on how to make them qualify for the E-2 visa using our four-factor formula.

Existing Businesses: We evaluate the financial performance of existing businesses, growth potential, and offer insights into their eligibility for the E-2 visa or suggest improvements to meet E-2 visa requirements based on our four-factor formula.

  1. Make the Investment:

Allocate the spending of funds for the business.

For a start-up business, visa officers seek evidence of a commitment to future growth, such as adequate working capital, hiring American workers, securing commercial premises, purchasing inventory, conducting marketing, and establishing necessary infrastructures. Generally, a substantial investment is necessary to demonstrate this level of business operation and to be seriously considered by visa officers.

For an existing business, this means having a purchase agreement and proof of funds committed to the business acquisition. Depending on the business performance and financial strength, the visa officer may also expect to see additional investments to make business improvements and demonstrate future growth potential.

Check out our fantastic video that offers a detailed walkthrough of the E-2 process, featuring one of our Canadian clients.

In this video, we explore common concerns and discuss three major challenges that Dave, our client, encountered—challenges that many investors face. We also share practical solutions to help you overcome these hurdles.

Reading Material

Video

All Investment Funds Must Come from Qualifying and Traceable Sources (NO CASH)

The source of your investment funds may be scrutinized closely. Funds must be obtained legally, and you should be prepared to provide clear documentation proving their origin. This could include bank statements, tax returns, asset sales, and/or evidence of business profits.

How Do I Start or Purchase a Business if I am Not in the United States?

When you are ready to make an investment and have received full guidance from an experienced E-2 attorney, you can begin by visiting the United States to establish a physical business presence or search for and purchase an existing business. Canadians may seek entry into  the U.S. with their Canadian passport as B-1 Business Visitors.  Canadians normally do not need to apply for a visitor’s visa. While entering as a B-1 business visitor allows you to conduct business set-up activities, it does NOT authorize you to work, until you receive the E-2 visa. It is crucial to clearly communicate to the border CBP officers your intention to make a business investment and then depart the U.S. to apply for the E-2 visa with the U.S. Consulate to avoid the risk of being denied entry into the U.S.

Conclusion

The E-2 Investor Visa process for Canadians requires careful preparation and attention to detail. The right E-2 attorney can help you properly implement and optimize the business investment to satisfy the E-2 visa with actionable real-life strategies.

Get started with us – share your goals and find out how to make a strong investment for the E-2 visa

Summary FAQs

How long is the E-2 visa valid for Canadians?

The E-2 visa for Canadian applicants is valid for up to five years, allowing multiple entries into the United States during this period.

What is the visa fee for the E-2 application?

The consular visa fee is $315 USD per person. For a family of four, the total cost would be $1,260 USD.

Where should Canadians apply for the E-2 visa?

Canadians should apply with the U.S. Consulate in Toronto, which handles all E-2 visas for Canadian investors.

How long does the E-2 visa processing take?

The E-2 applicant must first make an investment.  The investment process can take between 2-5 months or  more for many of our E-2 clients. The time it takes will depend on the individual and how quickly they complete their investment process.

After submitting the E-2 application, the Toronto U.S. Consulate’s processing time usually ranges between 1-3 months in most cases, depending on the completeness and accuracy of the application, and the Consulate’s workload at the time you apply. Generally, the Toronto Consulate is one of the most efficient and faster U.S. Consulates to process E-2 applications in our experience.

What documents are required for the E-2 application?

Required documents include the DS-160 confirmation, visa fee receipt, Form DS-156E, Cover Letter, Table of Contents and supporting documents, including biographic documents, business plan, documents evidencing proof of funds, receipts/invoices/contracts evidencing investment expenditures, and any additional forms specified by the U.S. Consulate.

How do I get started?

Speak with an attorney, determine your investment amount, select a business, and then make your investment.

What should I expect during the E-2 visa interview?

During the interview, Consulate Officers will evaluate your E-2 visa eligibility based on your investment, business plans, and background. Be prepared to discuss details provided in the DS-160 and DS-156E as well as any unique challenges to your case and solutions to overcome them. Your E-2 attorney should help you prepare for the visa interview.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

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Starting a U.S. Business for Non-resident Foreign Nationals

Starting a business in the United States can be straight forward even for non-resident foreign nationals in certain circumstances. There are even some scenarios where you would not need to visit the U.S. to establish a business.

If you plan to visit the U.S. to form a business or to live in the U.S., then you’ll also need to consider the right visa. We will discuss the appropriate visa options, and how to visit the U.S. as a business visitor for starting a business.

5 Steps to Starting a Business for Non-Resident Foreign Citizens

1. Decide on a Business Structure:

The first step in starting a business in the U.S. is to decide on the most suitable business structure for your venture. Common options for non-resident foreign citizens include:

Limited Liability Company (LLC): An LLC offers flexibility, limited liability protection, and pass-through taxation. It's a popular choice for small businesses and startups.

Corporation: A corporation provides limited liability protection and allows for the issuance of stock, making it ideal for businesses seeking to raise capital or go public. There is the C Corporation and S Corporation. It’s important to note that non-residents foreign citizens are not permitted to own S Corporation, until residing in the U.S. for at certain period of time.

Partnership: A partnership involves two or more individuals or entities sharing ownership and management responsibilities. It's commonly used for professional practices or joint ventures.

Consider consulting with a legal or tax advisor to evaluate the pros and cons of each business structure and choose the one that best suits your needs and long-term goals.

2. Register the Business:

Once you've chosen a business structure, you'll need to register your business with the appropriate authorities. The registration process varies depending on the state where you plan to operate. Generally, you'll need to:

File formation documents, such as:

  • Articles of Organization for an LLC or Articles of Incorporation for a corporation
  • Secretary of State or other relevant state agency.

It's important to research the specific requirements and procedures for business registration in the state where you intend to conduct business.

3. Apply for an Employer Identification Number (EIN):

An Employer Identification Number (EIN), also known as a Federal Tax Identification Number, is a nine-digit number issued by the Internal Revenue Service (IRS) to identify your business for tax purposes. Even if your business doesn't have employees, obtaining an EIN is necessary for:

  • Opening a business bank account.
  • Filing federal and state taxes.
  • Hiring employees in the future.
  • In some cases, applying for appropriate business license(s) and permit(s)

You can apply for an EIN online through the IRS website, and the process is free of charge. If you want professional assistance with filing an EIN, a business attorney or a tax expert such as, Certified Public Accountant (CPA) can assist with the application.

4. Apply for an Individual Taxpayer Identification Number (ITIN), if Needed:

If you don't have a Social Security Number (SSN) or are not eligible to obtain one, you'll need to apply for an Individual Taxpayer Identification Number (ITIN).

It is usually not necessary to have an SSN to start a business. However, some businesses may require an SSN for the purpose of obtaining certain business license(s) or permit(s). If a business license or permit needs an SSN, then it may be possible to use an ITIN as an alternative, depending on the city, state and federal authorities.

To apply for an ITIN, you'll need to complete the Form W-7 and submit it along with supporting documentation, such as a valid passport or other identification documents to the IRS. It's important to note that an ITIN is for tax purposes only and does not confer any immigration status.

If you want professional assistance with applying for an ITIN, a tax expert such as, Certified Public Accountant (CPA) can assist with the application.

5. Open a U.S. Business Bank Account:

Opening a U.S. business bank account is essential for business-related transactions such as purchases and receiving payments. As a non-resident foreign citizen, you may encounter additional requirements or restrictions when opening a bank account in the U.S.

Some banks may require you to have physical presence in the U.S., such as a registered office (business premise) or a representative who can visit the branch in person. Additionally, you'll need to provide documentation to verify your identity and business ownership, such as your EIN, entity formation documents, and proof of address.

Research different banks and their account options to find one that caters to the needs of U.S. businesses owned by non-resident foreign citizens and offers suitable features and services.

If you hold an account with a bank that operates internationally, you may be able to open a U.S. business account remotely, bypassing the need for physical presence.

Do you need a visa to start a business in the U.S.?

In general, no, you don’t need a U.S. visa to start a business in the U.S. However, depending on your goals, such as whether you want to live in the U.S. or you just need to temporarily visit the U.S., will determine whether you need a visa.

Temporarily Visiting the U.S. to Start U.S. Business

For foreign nationals who do not intend to live in the U.S. and are able to operate the business remotely from abroad, a U.S. visa may not be required. However, if you plan to visit the U.S. for business-related activities such as opening a U.S. business bank account or scouting for business locations, you will need to enter the U.S. as a B-1 Business Visitor or with the ESTA Visa Waiver Business (WB). Most people achieve this by obtaining a B1/B2 Visitor’s Visa or an ESTA Visa Waiver travel permission for certain nationals. It's crucial to enter as a B-1 or WB business visitor, and not as a B-2 or WT pleasure visitor. As business visitor, foreign nationals are permitted to engage in certain business activities in the U.S., including investing-in or setting-up a business, but may NOT to work in the business.

Intending to Live Inside the U.S. and Work in the U.S. Business

For foreign nationals who wish to reside in the U.S. and actively work within their U.S. business, a common visa option is the E-2 Investor Visa. The E-2 visa allows foreign business owners to reside in the U.S. and legally work within their U.S. business. Additionally, the foreign investors may bring their spouse and unmarried children under age 21, as E-2 dependents. You can find more information about the E-2 visa option:

https://e2visalawyer.net/visa-resource-center/

Summary

For foreign nationals, starting a U.S. business can mean tremendous financial opportunities. Before taking actions, it’s crucial to understand the U.S. visa requirements and implications, depending on your goals. Whether you plan to operate the business remotely or reside in the U.S. and work within your business, there are specific visa options to consider.

For those intending to apply for the E-2 investor visa, it's essential to proceed with caution. Before taking any of the initial steps, it's strongly advised to consult with an experienced E-2 visa attorney. The setup of your business must follow the E-2 visa requirements from the outset. Incorrect business structures or improper fund transfers to the U.S. business account could potentially jeopardize your E-2 visa case. Therefore, seeking guidance from a knowledgeable reputable and knowledgeable attorney specializing in E-2 visas is crucial to maximize your chances of success. With proper planning and legal guidance, you can embark on your journey to start a successful business in the United States.

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Using Escrow Account for E-2 Visa Contingency: Navigating the Risks and Rewards

The E-2 investor visa provides a pathway for foreign nationals to enter the United States by investing in a U.S. business. One of the available components of this process is the use of escrow accounts, particularly when structuring the purchase of a business with a visa contingency clause. This strategy can safeguard the investor's capital if the visa application is denied, but it's not without its pitfalls, especially when dealing with businesses that are not performing well.

Understanding Escrow in the Context of E-2 Visa

An escrow account acts as a protective intermediary between the buyer (investor) and the seller or franchisor. When funds are placed in escrow, they are held by a neutral third party until specific contractual conditions are met—in this case, the approval of the E-2 visa. If the visa is not granted, the escrow service returns the funds to the investor, mitigating the financial risk involved in the transaction. Some agreements might include a non-refundable component to compensate sellers for their time and potential business disruption, which is a critical consideration for both parties.

The Appeal of Buying a Failing Business

Investors might be drawn to a failing business for several reasons:

  • Recovery Potential: A business that has declined due to the previous owner's personal issues or mismanagement might possess inherent potential for recovery.
  • Untapped Opportunities: Some businesses fail to capitalize on available opportunities. A new owner might bring fresh perspectives and strategies.
  • Prime Location: A business in a prime location might simply need better marketing or a facelift to attract more customers.
  • Discounted Purchase Price: Financial decline often leads to a reduced selling price, making such businesses financially attractive, especially if the investor believes in the underlying value and potential for turnaround.

The Risks of Using Escrow with Low-Performing Businesses

While escrow accounts provide a safety net by ensuring the investment is only finalized upon visa approval, they can also mask underlying business issues that could jeopardize the E-2 visa application itself. Here’s why using an escrow might not always be advisable:

  1. Masking Business Viability: Escrow does not solve the fundamental problems of a failing business. The E-2 visa requires that the enterprise must not only be real and operating but also capable of generating more income than just providing a minimal living or making a marginal contribution to the economy.
  2. E-2 Visa Application Strength: Taking over and improving a struggling business before applying for the E-2 visa often strengthens the application. Demonstrating proactive management and initiating positive changes can show the U.S. Citizenship and Immigration Services (USCIS) that the investor is committed and capable of turning the business around.
  3. Job Creation and Economic Impact: USCIS places significant emphasis on the economic impact of the E-2 business. A low-performing business might not meet these criteria, especially if it lacks the potential to create jobs or boost economic activity in its locality.

When Not to Use Escrow

Using escrow should be reconsidered in the following scenarios:

  • If Immediate Business Intervention is Required: If a business needs urgent intervention to prevent further decline or capitalize on time-sensitive opportunities, waiting for E-2 visa approval might not be practical.
  • Significant Business Revamp Needed: If the business requires substantial restructuring or investment beyond the purchase price to become viable for the E-2 visa eligibility, tying funds in escrow might delay necessary actions.
  • Complex Transactions: In cases where the business transaction is complex or involves other conditional factors that might be influenced by market dynamics or operational exigencies, having funds locked in escrow can complicate or hinder necessary agility and responsiveness.

Conclusion

While the escrow account offers a financial safety net for E-2 visa applicants, it's crucial to assess the overall health and potential of the business being purchased. Investors must weigh the benefits of protecting their investment against the potential of strengthening their visa application by demonstrating effective, proactive management and commitment to turning the business around. In many cases, the risk of a business being viewed as marginal by the immigration authorities can outweigh the benefits of using escrow, especially if the business’s current state could undermine the credibility of the E-2 visa application.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

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E-2 Investor Visa for Portuguese Citizens: A Gateway to Entrepreneurial Opportunities in the U.S.

With the introduction of Portugal into the E-2 treaty country list under the AMIGOS Act signed by President Biden in December 2022, Portuguese citizens now have a unique opportunity to pursue their entrepreneurial ambitions in the United States. As of May 2024, after a delay in implementation, the U.S. officially opens its doors to Portuguese investors under the E-2 Visa Program. This development presents a significant opportunity for those looking to establish and operate businesses in one of the world’s largest and most dynamic markets.

Understanding the E-2 Investor Visa

The E-2 Investor Visa allows individuals from treaty countries to live and work in the U.S. by investing a substantial amount of capital in a U.S. business. While the exact amount of investment required is not strictly defined, it must be sufficient to ensure the successful operation of the business. The investment must be in a real operating enterprise, and speculative or idle investments do not qualify.

Benefits of the E-2 Visa

  1. Long-term Stay: The E-2 visa is initially valid for up to five years and can be extended indefinitely, as long as the business continues to operate and meet all requirements.
  2. Work Authorization: Not only does the visa holder gain the right to work in their own business in the U.S., but spouses of E-2 visa holders also gain work authorization, providing additional support and flexibility for families.
  3. Travel Flexibility: E-2 visa holders can travel in and out of the U.S. with fewer restrictions, making it easier to manage business operations both domestically and internationally.

Key Requirements for Portuguese Applicants

  1. Substantial Investment: The investor must make a substantial capital investment in a bona fide enterprise in the U.S. There is no minimum amount specified, but generally, investments of less than $100,000 may be scrutinized more closely unless the nature of the business involves less capital.
  2. Control of the Investment: The investor must control the funds, and the investment must be at risk in the commercial sense. Loans secured with the investment enterprise are not allowed.
  3. Real and Operating Enterprise: The investment must be in a real operating enterprise. Passive investments like real estate purchases, unless part of a larger active business, do not qualify.
  4. Capability to Generate More Than Enough Income: The enterprise must have the capacity to generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the U.S.
  5. Nationality Requirement: The primary investor must hold Portuguese citizenship.

Steps to Apply

  1. Develop a Business Plan: This is crucial and must detail how the business will meet the requirements of the E-2 visa. It should include financial projections and a clear path to profitability.
  2. Investment and Business Setup: Before applying for the visa, the applicant must make the investment and begin the business setup. This may include purchasing equipment, signing a lease, etc.
  3. Visa Application Process: The application includes filling out relevant forms, preparing a comprehensive package of documents including the business plan, proof of investment, and evidence of business setup, and attending an interview at a U.S. consulate or embassy.

Navigating Challenges

While the E-2 visa offers many opportunities, there are challenges as well. These include proving the legitimacy of funds, managing a business in a foreign country, and understanding and adhering to U.S. laws and regulations. It is highly recommended to consult with immigration and business professionals to ensure compliance and to streamline the visa application process.

Conclusion

For Portuguese entrepreneurs eyeing the vast American market, the E-2 Investor Visa represents a flexible and dynamic pathway to business development and growth in the U.S. With the right preparation, investment strategy, and legal guidance, Portuguese citizens can now leverage this opportunity to expand their entrepreneurial horizons and potentially create lasting impacts on both the U.S. and global economies.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

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How to Qualify for the E-2 Employee Visa?

The E-2 Treaty Investor Visa not only opens doors for foreign investors to operate businesses in the U.S. but also allows for the sponsorship of certain employees under the E-2 Employee Visa. This visa category is bifurcated into two distinct roles: Managerial Employees and Critical Skilled Employees. Understanding the nuances of these categories is pivotal for businesses looking to sponsor and for individuals seeking employment under this visa type.

1. The E-2 Employee Visa Categories: The E-2 Employee Visa is designed to facilitate the entry of key personnel who are integral to the operation of the E-2 enterprise. This includes:

  • Managerial Employees: Individuals who play a significant role in managing the enterprise at a high level without directly supervising lower-level tasks.
  • Critical Skilled Employees: Those who possess skills or expertise crucial for the business operations in the U.S. that are otherwise hard to find in the domestic labor market.

2. Qualification Criteria for E-2 Managerial Employees:

  • Extensive Proof of Managerial Experience and Qualifications: Applicants must demonstrate a significant track record of managerial roles, underscoring their ability to make major decisions and oversee broad segments or the entirety of the enterprise.
  • Business Justification: The U.S. business must establish its sufficient development and size, necessitating the need for a managerial level employee from abroad.

3. Qualification Criteria for E-2 Critical Skilled Employees:

  • Unique Skills and Expertise: The individual must possess skills or expertise that are vital for the enterprise and not readily available in the U.S. labor market.
  • Good Faith Recruitment: The sponsoring company must show that it has made genuine efforts to recruit U.S. workers for the position but was unable to find qualified candidates domestically.

4. Nationality Requirement: One unique aspect of the E-2 Employee Visa is that the employee must share the same nationality as the E-2 Treaty Investor or the majority ownership of the sponsoring company.

5. Documenting the Need for an E-2 Employee: Preparation of a comprehensive application is crucial. This includes:

  • Detailed job descriptions and requirements.
  • Evidence of the employee’s qualifications and experience.
  • Documentation of the business’s efforts to hire U.S. workers (for Critical Skilled Employees).
  • Proof of the business’s growth and need for a managerial employee.

6. Challenges and Solutions in E-2 Employee Visa Applications:

  • Proving Unavailability of U.S. Workers: For Critical Skilled positions, one of the biggest challenges is establishing that there are no capable U.S. workers. Engaging in a robust recruitment process and documenting it meticulously is key.
  • Managerial Capacity Evidence: For managerial roles, clearly outlining the organizational structure and the role’s impact within the company is vital. Detailed job descriptions, organizational charts, and evidence of past managerial roles are essential.

7. Legal and Strategic Considerations:

  • Legal Compliance: Ensure adherence to all legal requirements in both the recruitment process and visa application.
  • Strategic Positioning: Position the role within the company in a way that highlights its necessity and aligns with the E-2 requirements.
  • Consistency with Business Plan: The role should be consistent with the company’s growth as outlined in the E-2 business plan.

8. Renewal and Long-Term Considerations:

  • The E-2 Employee Visa, like the investor visa, is renewable. It’s important to maintain and document the continued necessity of the role.
  • For businesses, keeping an eye on growth and how it impacts staffing needs is crucial for future visa renewals.

Conclusion: Sponsoring an E-2 Employee Visa can be an intricate process, requiring a deep understanding of both immigration law and the specific needs of the business. For foreign nationals seeking this visa, aligning their skills and experience with the requirements is key. Businesses must carefully document their need for foreign employees and ensure compliance with all aspects of the E-2 visa regulations. As always, consultation with experienced immigration attorneys is recommended to navigate this complex yet rewarding pathway.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

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How to Qualify Family Gifts and Loans for E-2 Visa Investments

For many aspiring entrepreneurs looking to invest in a U.S. business under the E-2 Treaty Investor Visa, sourcing funds can be a significant hurdle. Often, potential investors turn to family or friends for gifts or loans to meet the investment requirements. However, proving the legitimacy of these funds to satisfy E-2 visa requirements involves a careful and strategic approach. This blog post delves into how you can qualify gifts or loans from family and friends as legitimate sources of E-2 visa investment funds.

1. Understanding E-2 Visa Fund Source Requirements: The E-2 visa demands clear evidence that your investment funds are obtained through lawful means. This includes proof that any gifts or loans are genuine and not merely devices to circumvent visa requirements. The key is transparency and traceability.

2. Qualifying Gift Funds:

  • Documenting the Gift: Draft a formal gift letter or affidavit from the family member or friend stating the gift’s nature, amount, and purpose. The document should clarify that the funds are a gift with no expectation of repayment.
  • Demonstrating Donor’s Financial Capacity: Provide evidence of the donor’s ability to make such a gift. This can include bank statements, tax returns, or documentation of asset sales.
  • Tracing the Funds: Show a clear transaction trail from the donor’s account to your personal account, and then to the U.S. business investment. Bank statements or transaction receipts are crucial for this step.

3. Qualifying Loan Funds:

  • Legal Agreement: Draft a formal loan agreement detailing the loan amount, terms of repayment, interest (if any), and other conditions.
  • Securing the Loan: The loan should ideally be secured with your personal assets, and must NOT be secured against the assets of the U.S. business you intend to invest in.
  • Proof of Repayment Capability: You should demonstrate your ability to repay the loan from sources other than the income from the proposed E-2 investment.

4. Avoiding Pitfalls with Gifts and Loans:

  • Maintaining Separate Finances: Ensure that the donor or lender is not a direct partner in the business you are investing in.
  • Time Factor: If the funds are a gift, allowing some time to elapse between the receipt of the gift and the investment can strengthen the credibility of the transaction.
  • Compliance with Tax Laws: If the gift exceeds a certain amount, it may be subject to gift tax regulations, depending on the donor’s country. .

5. Preparing for Scrutiny:

  • Expect Inquiries: Be prepared for detailed inquiries from immigration authorities regarding the origin of the funds, especially if they are substantial amounts.
  • Documentation: Keep meticulous records of all transactions, agreements, and communications related to the gifted or loaned funds.

6. Legal and Financial Advice:

  • Consult Experts: Engaging a qualified immigration attorney and a financial advisor can provide valuable insights and help ensure that your arrangement aligns with E-2 visa requirements.
  • Country-Specific Laws: Be aware of any financial regulations in your home country that might affect the transfer of funds.

Qualifying gift or loan funds from family or friends for an E-2 visa investment requires careful planning, thorough documentation, and a keen understanding of the legal intricacies involved. Transparency and traceability are your allies in this process. Always seek professional guidance to navigate this complex aspect of your E-2 visa application. Remember, the credibility of your funds is as crucial as the viability of your business plan in securing your path as an E-2 investor in the United States.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

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E-2 Business Challenges: Strategies for E-2 Investors Facing Failure or Poor Performance

The journey of an entrepreneur is often unpredictable, and for E-2 visa holders, the stakes are even higher. The E-2 visa, while offering non-immigrant entrepreneurs a chance to invest and work in the U.S., also comes with the expectation of business success. When an E-2 business starts failing or performing poorly, it not only impacts financial stability but also jeopardizes the entrepreneur’s ability to renew their E-2 visa. In this blog post, we explore actionable strategies and steps for E-2 business owners facing such challenges.

1. Assess and Identify the Problems: The first step in turning around a struggling business is to understand the root causes of its challenges. Conduct a thorough analysis of your business operations, financial statements, marketing strategies, and customer feedback. Identifying whether the issues are due to internal factors like management, product quality, or external factors like market competition or economic downturns, is crucial.

2. Restructure Business Operations: Based on your assessment, consider restructuring your business operations. This might include cost-cutting measures, streamlining processes, renegotiating contracts with suppliers, or even pivoting your business model. Focus on lean management and eliminating any inefficiencies that are draining your resources.

3. Revamp Your Marketing Strategy: A failing business often needs a revamped marketing strategy. Understand your target market better and realign your marketing efforts to address the needs and preferences of your customers. Consider digital marketing strategies like SEO, content marketing, and social media campaigns to increase your visibility and reach.

4. Focus on Customer Satisfaction and Retention: Building a loyal customer base is key to business sustainability. Enhance your customer service, address customer complaints promptly, and create loyalty programs. Happy customers not only bring repeat business but also serve as brand ambassadors.

5. Diversify Your Product or Service Offerings: Diversifying your offerings can open new revenue streams. Analyze market trends and customer needs to identify potential areas for diversification. However, ensure that any new offerings align with your core business and competencies.

6. Seek Professional Advice: Don’t hesitate to seek help from business consultants, financial advisors, or mentors. They can offer fresh perspectives, innovative strategies, and guidance based on their expertise and experience.

7. Maintain Accurate Records and Financial Transparency: For E-2 visa renewal, it’s essential to maintain accurate and transparent financial records. Document your efforts to revive the business, as this can demonstrate your commitment and business acumen to immigration authorities.

8. Prepare a Contingency Plan: Have a contingency plan in place. This could include exploring alternative funding options, such as small business loans or new investors, to inject capital into the business.

9. Communicate with Your Employees: Keep your employees informed about the state of the business and involve them in the turnaround strategy. Their support and ideas can be invaluable during difficult times.

10. Prepare for E-2 Visa Renewal Application: As you implement these strategies, also prepare for your E-2 visa renewal. Document how your business contributes to the U.S. economy, through job creation or other means. Be prepared to explain the steps you’ve taken to address the business’s challenges and your plans for its future.

Facing business failure or poor performance as an E-2 investor is undoubtedly challenging, but it’s not the end of the road. By taking proactive measures, seeking professional advice, and staying committed to your business goals, you can navigate through these hurdles. Remember, resilience and adaptability are key traits of successful entrepreneurs, especially in a dynamic business environment like the U.S. As you prepare for your E-2 visa renewal, ensure that your efforts in reviving and sustaining your business are well-documented and reflect your commitment to contributing positively to the U.S. economy.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

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Traveling to the U.S. on Visa Waiver or B-1 Visitor’s Visa to make E-2 Visa Investment

For many foreign nationals, the E-2 Investor Visa represents a gateway to business opportunities in the United States. However, before applying for this visa, there’s a critical step – investing in a qualifying U.S. business. This often necessitates a preliminary trip to the U.S. under either the ESTA Visa Waiver or the B1/B2 Visitor’s Visa. This blog post outlines the journey a potential E-2 visa applicant needs to undertake, focusing on the legalities and permissible activities of such a visit.

Visa Categories and Their Significance: Upon entering the U.S. for investment purposes, border customs officers will categorize your entry as either WB or B-1 (Business Visitor) or WT or B-2 (Tourist/Pleasure Visitor), depending on your stated visit intention. It’s crucial to enter under the WB or B-1 status if your primary goal is to set up or purchase a business, as this status legally permits engagement in investment and business setup activities.

Engaging in Business Activities Legally: As a business visitor (WB or B-1), you are authorized to conduct a variety of business-related activities. These include attending meetings with various stakeholders, negotiating and signing contracts, opening bank accounts, renting business premises, buying a U.S. business, conducting market research, registering a U.S. company, and applying for necessary business licenses. Importantly, these activities should be aligned with your goal of establishing or purchasing a U.S. business, after which you plan to return to your home country to apply for the E-2 Visa.

Limitations as a Tourist Visitor: If you enter the U.S. under the WT or B-2 tourist status, your activities are restricted to leisure and vacationing. In this status, engaging in business activities is not authorized, and you need to be clear about this limitation when interacting with border officials.

Preparation for Border Interaction: When entering the U.S. for business setup, it’s advisable to be prepared to explain your intentions to the border officers. Carrying evidence of your business intentions, such as a return plane ticket and proof of funds for investment and travel expenses (like recent bank statements), can be helpful.

Permissible Business Activities: As a business visitor, you’re allowed to:

  • Attend business meetings and conferences.
  • Negotiate and sign various business agreements.
  • Open bank accounts and rent business premises.
  • Purchase a U.S. business, conduct due diligence, and market research.
  • Register your U.S. company and apply for the necessary tax I.D.
  • Apply for business licenses and spend investment funds on business setup.

Monitoring Your Authorized Stay: After entering the U.S., it’s imperative to check your I-94 Arrival Records online to ensure that you’ve been granted entry as a WB or B-1 business visitor. This record will indicate your period of authorized stay, and you must ensure to depart the U.S. before this period expires. For family members accompanying you who are not involved in the business investment, entering as WT or B-2 tourists is acceptable.

Important Considerations: While in the U.S. on an ESTA Visa Waiver or B1/B2 Visitor’s Visa, remember that you cannot engage in any form of work. You must not manage or operate your business personally until you receive the E-2 visa. This stipulation is crucial for maintaining legal status and for the future success of your E-2 visa application.

The journey to securing an E-2 Investor Visa starts with a well-planned trip to the U.S. Understanding and adhering to the legal parameters of your visit status is essential. By meticulously planning your activities and ensuring compliance with U.S. immigration laws, you can lay a solid foundation for your future E-2 visa application and your entrepreneurial endeavors in the U.S.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

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Joint E-2 Visa Investment Partnership Between Parent and Adult Child

Embarking on an E-2 Investor Visa journey as a joint venture between a parent and their adult child presents unique opportunities and challenges. This intricate partnership must meet specific criteria to be deemed valid under the E-2 visa regulations. This blog post explores the key aspects of such a partnership, focusing on equal ownership, proof of the child’s business acumen, and the legitimacy of the child’s financial contribution.

1. Equal Ownership and Financial Contribution: For a joint E-2 investment to qualify, both the parent and adult child must own at least 50% of the business, contributing equally to the investment. This equal partnership ensures that both parties have a significant stake in the business, a requirement that underpins the E-2 visa’s integrity. The challenge lies in ensuring that both partners fulfill the financial obligation equally, demonstrating a genuine commitment to the business venture.

2. Establishing the Adult Child’s Credibility: A critical component of the E-2 visa application is showcasing the adult child’s capability to co-manage the business effectively. Credible proof of the child’s qualifications, such as relevant education, training, and experience, must be presented. This documentation should convincingly illustrate that the child is not just a nominal partner but a competent individual capable of contributing significantly to the business’s success.

3. Authenticating the Adult Child’s Financial Contribution: The adult child’s financial contribution to the business investment must originate from qualifying sources, independent of the parent-investor. While parents can gift funds to their children for investment purposes, the process must be handled with care to ensure that the funds are perceived as genuinely belonging to the child.

  • Gifting Funds with Credibility: If a parent gifts funds to the adult child, the manner and duration of the child’s possession of these funds are critical. A short holding period before investment might raise suspicions, whereas a longer duration enhances the credibility of the gift.
  • Tax Implications and Certificates of Deposit: Filing a gift tax return by the parent further legitimizes the transaction. If the child places these funds in a timed deposit, like a Certificate of Deposit, and later withdraws them for investment, it adds another layer of credibility. This action demonstrates prudent financial management by the child, reinforcing the notion that the funds are genuinely under their control.

A joint E-2 investment between a parent and an adult child is a feasible pathway for obtaining an E-2 visa, but it demands meticulous planning and adherence to specific guidelines. The partnership must be structured to ensure equal ownership and investment, demonstrate the child’s ability to contribute meaningfully to the business, and validate the authenticity of the child’s investment capital. By carefully managing these aspects, parents and their adult children can embark on a successful entrepreneurial journey in the U.S. under the E-2 Investor Visa program.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.