An E2 investor visa offers entrepreneurs the opportunity to live and work in the United States in order to develop and direct a business or commercial enterprise. In contrast to investing through the EB5 visa program, there is no minimum investment amount required for the E-2 visa; instead, individuals must invest a substantial amount into the business. This visa has several advantages over other types of immigration options, particularly for families, as it allows the investor to bring his or her dependent spouse and unmarried children under the age of 21 to the United States.
There are a number of requirements that must be met to qualify for an E2 visa. The first is that the petitioner must be a national of a country that has a valid commerce and navigation treaty with the United States. Because the Netherlands has such a treaty with the United States, Dutch investors meet this initial hurdle. Importantly, only nationals of the Netherlands — and not legal permanent residents — qualify for an E2 visa.
In addition to demonstrating that you are a national of the Netherlands, you must also prove the following when applying for an E2 visa at the U.S. Consulate in Amsterdam:
- The investor must have control over the funds, and the investment itself be at risk;
- The investment is substantial, and is enough for the business to operate successfully;
- The investment must be in a real, non-marginal, operating enterprise;
- The investor must be coming to the United States to develop and direct the enterprise.
Showing each of these elements will require putting together documentary evidence to support your visa application. The Consulate General only accepts E2 visa applications via email, so all required documentation should be sent electronically in the specified format to the Consulate. At present, the processing time for an E2 visa from the U.S. Consulate in Amsterdam is approximately three months.
Applicants must submit evidence to demonstrate the following:
- Applicant Information, including applicant’s resumé, a copy of the biographical data page of the applicant’s passport page, and copies of marriage and birth certificates if dependents will accompany the applicant.
- Ownership, proving that nationals of the Netherlands own at least 50% of the business. This may include Articles of Incorporation, share certificates, and/or an organizational chart.
- Investment, including a cover letter explaining how the business and applicant qualify for E2 status (the investment is substantial, is at risk, is currently operational or will start operations imminently, and the investment is more than marginal), documentation of the funds involved, and an investment spreadsheet along with business plan and financial projections and/or escrow agreement.
- Real and Operating, including relevant licenses, monthly bank statements for the current year and/or sample of invoices or receipts.
- Marginality, including U.S. tax returns, W-2s or 1099s for all employees, profit and loss statements, or a business plan with a 5 year projection of profit and loss.
What Is a Substantial Investment for an E2 Investment in Amsterdam?
One of the main requirements of an E2 visa is making a substantial investment in a commercial enterprise or business in the United States. Yet American immigration law does not provide a number amount for exactly how much must be invested. Instead, there are guidelines that can help investors (together with experienced E2 visa attorneys) determine whether their investment will qualify. The investment must be (1) sufficient to guarantee that the investor’s financial commitment is adequate; (2) of an amount sufficient to make the successful development of the business possible; and (3) substantial in relationship to the total purchase price of an existing business or the cost of establishing a new business.
Ultimately, the amount of an investment that will be deemed “substantial” under these guidelines will change based on the type and value of the business involved. An investment must be enough to allow the applicant to develop the business and to control the direction and goals of the enterprise. The actual dollar amount will change depending on these factors. Moreover, you must demonstrate that the investment is at risk — it cannot merely be an idea on a sheet of paper but instead must be an active and operating business or one ready to immeidately open after issuance of the E2.
The U.S. Consulate General in Amsterdam has also identified certain companies to be placed on a list of companies with a Certificate of Enrollment. If a company has a Certificate of Enrollment, then future applicants with the same business can apply with fewer documents, and to bring these documents to their interview rather than submitting them beforehand. The Consulate makes these decisions independently based on the business’ investment in the U.S., history of operations in the United States, and documented ability to overcome marginality requirements. The validity period of a Certificate of Enrollment ranges from 12 to 60 months. However, the E-2 Visa itself is valid for 60 months (and renewable indefinitely) for Dutch Nationals.
Utilize an Experienced E2 Visa Lawyer for Dutch Nationals
The Investment Visa attorneys of Colombo & Hurd have successfully represented hundreds of clients in E2 visa applications including multiple E2s approved through the US Consulate in Amsterdam. While past success does not guarantee future outcomes, our experience with these types of investor visas gives us an advantage in understanding how to present these applications to consulates around the world. Our top-notch E2 visa attorneys for Dutch Nationals are dedicated to helping our clients obtain the best possible results. If you are interested in an E2 visa, contact us online, or contact our Orlando office at (407) 478-1111 or our Miami office at (305) 455-0590 to schedule an initial consultation.
