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  • Writer's pictureUnion Law Group

What are the requirements to obtain an E-2 investor visa?

If you are looking to invest in an existing company or have business interests and are hoping to open your own company in the United States, an E-2 visa could be your answer. The E-2 visa allows qualified investors and their family members to live in the United States. Qualifying family members include spouses and unmarried children under the age of 21.

Initial qualifications?

To qualify for the E-2 visa, you must be a citizen of a country that has an "E2 treaty" with the United States. This list includes many countries. Also, you must have a plan to leave the United States when your E-2 visa ends. There is no limit to the number of times your E-2 visa can be extended, but keep in mind that the visa is temporary and may not be renewed if you no longer meet the requirements. The E2 visa is a non-immigrant visa and is therefore defined as temporary.

Investment requirements

For an investment to qualify for the purposes of an E-2 visa, the amount must be considered "substantial." USCIS does not have a minimum set for the amount to be considered substantial. Instead, they evaluate the investment amount based on specific factors. Also, the business you invest in must be legitimate and not just a passive investment.

The funds used for your investment must come from a legal source, such as an inheritance, sale of property, or earnings from employment. In addition, this money must be invested and fully committed to the business or entrepreneurship. Essentially, the money invested must be "at risk." Also, to be approved for an E-2 visa, your business cannot be marginal, which means that it cannot exist solely to provide sufficient income to have a minimum life for you and your family. Finally, the business must have an economic and positive impact on the community where it is established or will be established today.

What level of activity will you have in the business?

As mentioned above, this cannot be just a passive investment, which means that you should come to the United States to run and develop the company. Owning at least half of the business is solid proof of your role in the company. However, there are other ways that you can use to display your level of activity in daily operations.

Whether you are considering an E2 or another type of corporate visa, Union Law Group is here to help.

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