Last Updated on April 26, 2024 by Anda Malescu
We are experienced business immigration lawyers in Miami, Florida USA. Contact us, your business immigration lawyer in Miami, Florida USA to schedule an appointment and find out more about the E-2 Investor Visa USA and other business immigration options for you.
Foreign investor and entrepreneurs interested in doing business in the United States should be aware of the key requirements for E2 investor visa and individual guidelines before applying for an E2 visa.
There are two options for a foreign investor or entrepreneur to immigrate to the United States through investment – the E2 investor visa and the EB5 immigrant investor program (green card). In this article we focus on the E2 visa and discuss the top E2 investor visa requirements.
The E2 investor visa is a temporary visa that allows a foreign citizen to come, live and do business in the United States based on an investment that he or she makes in a US business. While the E2 investor visa is open to many investors and entrepreneurs who want to conduct business in the United States, it is only available for certain countries with which the United States has a treaty of commerce and navigation. The E2 Visa can also be used by investors to bring management employees to the United States.
The key E2 investor visa requirements
- Key requirement 1. The investor must be a citizen of an E2 Visa Treaty Country.
One of the most important requirement to qualify an E2 investor visa is that the investor or primary applicant is a citizen of one of the countries currently listed as an E2 investor visa treaty country.
If the investor or primary applicant does not have a passport from one of these countries, he or she does not qualify for an E2 investor visa.
Even more, if the E2 investor is a permanent resident of one of the E2 visa countries, he or she is not eligible for an E2 investor visa because is not a citizen.
It is important to be aware of the E2 investor visa citizenship requirement because it automatically disqualifies those foreign investor and entrepreneurs who are not citizens of E2 treaty countries. For example, if you are Greek citizen and you are interested in an US E2 investor visa, you do not qualify because Greece is not an E2 visa treaty country.
Similarly, if you are a permanent resident of Italy you do not qualify (although Italy is an E2 treaty country) because you need to be a citizen of Italy in order to apply; permanent residency is not sufficient. However, Turkey and Grenada are popular among investors who wish to become citizens of an E2 visa country and relocate to the United States in a short period of time.
Currently, there are approximately 80 countries with which the United States maintains an E2 investor visa treaty, including: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, North Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine and United Kingdom.
For an updated list of countries that qualify for an E-2 Investor Visa, please click here.
- Key requirement 2. The investor must have invested or be in the process of investing a substantial amount of capital in a US business (around $100,000).
Another important requirement to qualify for an E2 investor visa is to invest a substantial amount in a business in the United States. Oftentimes, this amount is around $100,000 but it varies depending on the nature of the business; it is recommended to invest $100,000 but this is not a requirement.
Based on the nature of the business some business can require an investment of more than $100,000 or less than $100,000 and in both cases the investor or primary applicant qualifies for an E2 visa.
For example, if you are interested to start a consulting business, it is possible for the amount invested to be less than $100,000, but if you are opening a luxury restaurant or a hotel, your necessary investment is higher than $100,000. However, an investment of around $100,000 qualifies you for an E2 investor visa but $30,000 can be too low. It is important to understand that the amount invested must be sufficient to ensure the success of the business.
- Key requirement 3. The capital expended must qualify as an investment for E2 investor visa purposes.
In order to make a qualifying investment in a business for E2 visa purposes, an investor or primary E2 applicant can start a business from zero in the United States, purchase an existing business or franchise or enter into a joint venture with a franchisor and maintain operational control.
Moreover, not all the funds expended count as investment for the purpose of the E2 visa. In general, purchasing or leasing cars in the name of the business does not qualify as investment. Furthermore, any travel expenses such as hotels, airline tickets, car rentals are not considered investment.
To determine if an investment qualifies for E2 investor visa, it is important to work with experienced business immigration attorneys who can assist with your investment and ensure the success of an E2 application.
Our E2 visa lawyers in Miami, Florida USA can help with E2 investments, E2 business and franchise selection, E2 visa application and the entire E2 visa process.
- Key requirement 4. The US business must be active and real, not passive and speculative.
An important E2 investor visa requirement is that the E2 investor or primary applicant must invest the funds in an active and real business, one that offers tangible goods or services to the public.
Examples of businesses that qualify for E2 investor visa are restaurants, schools, yoga and pilates studios, bakeries, retail stores, medical offices and others.
The E2 investor visa is not designed for investors who want to make speculative and passive investments in the United States. Examples of idle and speculative investments that do not qualify for E2 investor visa include real estate development company (in certain situations can qualify), companies holding stocks, bonds and other securities, holding companies for intellectual property and real estate, company funds in a bank account, and others.
- Key requirement 5. The investor must own at least 50% of the US business or possess operational control.
An important E2 investor visa requirement is that the investor or primary applicant comes to the United States to develop and direct the business and shows that he or she owns more than 50% of the business or possesses operational control through a managerial position or other corporate devices. In cases where the primary applicant is an employee and not an E2 investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.
Malescu Law can assist
For more information about the US E2 investor visa contact our Miami, Florida USA E2 visa lawyers below.
From E2 business and franchise selection to the E2 Investor Visa application, interview and E2 business plan, our experienced Miami Florida USA business immigration lawyers assist and advise investors and entrepreneurs throughout the E2 Visa process.
Contact us or book a consultation.
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