The E-2 Investor Visa presents a unique opportunity for Spanish entrepreneurs interested in investing in and managing a business venture in the United States. As Spain has a treaty of commerce and navigation with the U.S., its nationals are eligible to apply for the E-2 Investor Visa. This blog explores the key aspects of the E-2 visa tailored specifically for Spanish entrepreneurs, detailing its prerequisites, advantages, and application process.

What is the E-2 Investor Visa?

The E-2 Investor Visa is a non-immigrant visa created for foreign nationals from treaty countries, including Spain, planning to invest a substantial amount of capital in a U.S. enterprise. It permits these investors to reside in the U.S., oversee the business, and even allows for indefinite renewals as long as the business remains operational.

E-2 Visa Requirements for Spanish Entrepreneurs

To qualify for an E-2 visa as a Spanish investor, you must fulfill the following primary criteria:

Substantial Investment: A significant amount of capital must be invested in a U.S. enterprise. While the law does not stipulate a minimum investment amount, it should be sizable relative to the total cost of the enterprise.

Control of the Enterprise: The investor should have at least 50% ownership of the enterprise or hold a managerial role or other position that offers operational control.

Non-Marginal Enterprise: The business should not only generate enough income to support the investor and their family, but it should also make a significant economic contribution to the U.S., often demonstrated by creating meaningful jobs.

Job Creation: The Unspoken Requirement

Though job creation is not explicitly required by E-2 visa law, it stands as a reliable method of demonstrating substantial economic contribution. By creating jobs that are full-time, offer livable wages, and contribute positively to the local economy, you can make a convincing case for your business’s substantial economic contribution.

The E-2 Visa Application Process for Spanish Entrepreneurs

Once you have made a substantial investment in a viable U.S. business, you can start the E-2 visa application process. Spanish entrepreneurs can apply directly at the U.S. Embassy or Consulate in Spain. If you are already in the U.S. under a legal status, you can apply for a change of status with the U.S. Citizenship and Immigration Services (USCIS).

Your application should include evidence of your Spanish nationality, proof of your investment, details about your business operations, and a robust business plan. Given the complexities of the E-2 visa process, it is advisable to consult an experienced immigration attorney.

For Spanish entrepreneurs with a vision to establish a substantial business in the U.S., the E-2 Investor Visa can serve as an effective route. By fully understanding its requirements and the pivotal role of substantial investment and job creation, you can lay the groundwork for a successful E-2 visa application.

Please note: This blog post is for informational purposes only and should not be viewed as legal advice. Always consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.