E-2 Visa Lawyers for Treaty Country Investors

The E-2 visa offers several advantages for entrepreneurs and investors seeking to live and work in the United States: 

• Allows you to work legally in the U.S. for the U.S. company in which you invest 

• Enables prolonged stay with unlimited extensions, as long as you maintain valid E-2 status. 

• Approvals of E-2 visas tend to be fast compared to other visas and are not subject to annual limits or quotas 

• Permits your spouse and unmarried children under the age of 21 to accompany you to the U.S. 

• Spouses automatically attain work authorization with their visa 

• Children under 21 years of age can study in the U.S 

• Allows for the purchase of real estate in the U.S. 

Although this list is subject to change, the State Department provides that foreign nationals from this list of countries are eligible to qualify to obtain an E-2 Visa.

To qualify for an E-2 visa, you must make a “substantial investment” in a U.S. business. While there’s no minimum dollar amount, the government assesses substantiality through various tests. Generally, a business must establish one of the following: 

• The investment must be proportional to the total value of the particular enterprise in question (a test usually applied to investment in existing businesses); or 

• The investment must be an amount normally considered necessary to establish a viable enterprise of the type contemplated (usually applied to new businesses).

Only money that is personally at risk can make up the investment. As such, the following will generally qualify: 

• Cash reserves placed in business account (with evidence of source of income)

• Loans secured by the investor’s own assets, such as a mortgage on real property

• Unsecured loans

• Equipment, Inventory or Property contributed to the business by the investor

Non-qualifying investments can be the following: 

• Mortgage debt or other loans secured by the enterprise assets

• Loans for which the lender has recourse against the business

The law requires that the funds be at risk. Thus, generally, the investment must be committed and the funds either paid, held in trust or in some instances under contract. Although a reasonable amount of funds may be considered when placed in an operating account, the rest of the investment should be made by the time the E-2 visa application is filed.

Either buying an existing business or creating a new business in the U.S. qualifies. Investing in a franchise can be a smart strategy for not only obtaining an E-2 visa, but for ensuring that you launch a successful business in the United States. Savvy E-2 investors should thoroughly investigate their options in determining if the franchise model is right for them.

The principal investor from the treaty country must control the investment. Typically, ownership of more than 50% of the business establishes control by the investor.

The regulations require that the business be an active operating enterprise. The purchase of undeveloped land, personal homes, or idle investments alone do not qualify. The immigration officer reviewing your case will also require that the business have physical premises secured either through a lease or purchase of a commercial office/warehouse space in order to operate the business. 

Employees that can establish they will work in the E-2 business in either a supervisory, executive, or highly specialized skill capacity may qualify for an E-2 visa. Ordinary skilled and unskilled workers do not qualify. 

It is not possible to obtain lawful permanent residence directly through obtainment of an E-2 visa. However, there are some creative alternatives to utilize the E-2 as a vehicle to maintain lawful status during the process of obtaining your green card through other means. 

When choosing an E-2 visa lawyer, look for a team with extensive experience in immigration law, a proven track record of success, and a deep understanding of the E-2 application process.  

Colombo & Hurd excels in representing investors seeking E-2 visas. Our team utilizes proprietary software to keep clients informed and meet deadlines. Our customized approach saves time and money, allowing clients to focus on their business while we handle U.S. immigration bureaucracy.