An E-2 visa is a special visa that allows people from certain countries to live and work in the United States. It is for individuals who want to invest money in a business in the U.S. If you dream of starting your own business in America or buying an existing one, the E-2 visa will help.
To qualify for an E-2 visa, you must be a citizen of a country with a treaty with the United States. The countries with these treaties allow citizens to enter the U.S. as investors and conduct business.
The E-2 visa is an excellent opportunity because it allows you to be part of the American business world. You’re allowed to bring your family with you; they can also stay in the U.S. while you work on your business. The E-2 visa is usually valid for two years, but you may renew it if your business succeeds.
If you are considering applying for an E-2 visa, it is a good idea to talk to an E-2 visa lawyer. They know all the details and will help you understand the requirements, including the E-2 nationality criteria for individual investors. Having a good lawyer on your side will make the process smoother and help you avoid any mistakes.
In the next sections, we will discuss the nationality criteria for E-2 visa investors and how to strengthen your application.
Eligibility criteria for the E-2 visa
Country of citizenship
The first step in determining eligibility is understanding the nationality criteria. Only individuals from countries that have signed a treaty with the U.S. are eligible to apply for the E-2 visa. You will find a list of these countries on the official government websites. If your country is not on the list, you won’t be able to apply for this visa.
Ownership and control
As an individual investor, you must have at least 50% ownership of the business you want to run in the United States. That means you need to have a significant say in the company’s decisions. The E-2 visa is for people genuinely involved in the business. This shows that you are fully committed to making your business successful.
Real and operating business
The business must be an actual enterprise that is operating actively. This means that you cannot merely create a company on paper. The business must engage in trade and create jobs. For example, a restaurant, a retail shop, or a service company qualifies.
Types of businesses eligible for the E-2 visa
You can invest in many different types of businesses. Some common examples include restaurants, consulting firms, hotels, and retail stores. The key is that the business must be real and ongoing. You cannot apply for an E-2 visa if your business is only a plan or an idea.
Amount of investment
While there is no minimum amount of money you must invest, your investment has to be substantial. This means you should invest enough money to make the business feasible. The total amount will vary depending on the type of business.
For a small restaurant, this could mean investing $100,000 or more. However, for larger businesses, the investment might be higher. It’s essential to show that your investment will contribute to the economy and create jobs.
Not only for individual investors
Though we focused on individual investors, E-2 visas also apply to companies and partnerships. If a company from a treaty country wants to send employees to operate a business in the U.S., those employees may qualify for E-2 visas. Business owners must also be from countries that have an E-2 treaty.
The role of an E-2 visa lawyer
Navigating the E-2 visa process gets tricky. This is where an E-2 visa lawyer comes in handy. They’ll help you understand the specific nationality criteria for individual investors. They’ll guide you through the application process, ensuring you have all the necessary documents and meet all the requirements.
Steps to apply for an E2 visa
Now that you understand the nationality criteria, let’s discuss the steps to take to apply for an E-2 visa.
Determine your eligibility.
Before starting your application, you need to make sure you meet the eligibility requirements. These include being a citizen of a treaty country and having invested or are in the process of investing a significant amount of money in a U.S. business.
Choose your investment.
Next, you should choose what type of business you want to invest in. Your investment must be at risk, meaning that while you hope to earn a profit, there is also a chance you could lose money.
Prepare your business plan.
Having a well-thought-out business plan is essential. Your plan should describe how the business will operate, how it will generate income, and what the investment will look like.
This document should also outline your role in the business, including your day-to-day responsibilities. A strong business plan will significantly improve your chances of getting approved.
Gather the required documents.
You will need to provide several documents with your application. These could include:
- Proof of your nationality (like your passport).
- Evidence of your investment funds and how they were obtained.
- Business licenses and permits.
- Your business plan.
- Proof that the business will support you and create jobs for U.S. citizens.
It is vital to organize these documents carefully because the U.S. consulate or embassy will review them.
File your application.
Once you have all your documents ready, it is time to file your application. You will generally do this at your home country’s U.S. embassy or consulate. It might involve filling out Form DS-160, the Nonimmigrant Visa Application, and paying the visa application fee.
Attend your visa interview.
After submitting your application, you will be scheduled for an interview. During this interview, a consular officer will ask questions about your business and investment plans. This is your opportunity to show that you understand your business and that you are a serious investor. Be prepared to answer questions clearly and confidently.
Wait for your visa approval.
The processing time for the E-2 visa varies depending on your specific situation and the workload of the embassy or consulate. If you are approved, you will get your E-2 visa, which will allow you to enter the U.S. to run your business.
Comply with visa requirements.
Once you have your E-2 visa and are in the United States, remember to comply with its terms. This means actively engaging in your business and renewing your visa on time. It is very important to keep your visa status in check, as violating its terms may lead to losing your visa.
Maintaining your status
Once you obtain your E-2 visa, it’s crucial to maintain your status and enjoy its benefits. Here are some steps to keep in mind:
Stay active in your business.
To keep your visa valid, you must continue to operate the business for which you received your visa. This means you are actively involved in managing and directing the business. If your business stops working or you don’t put in the effort required to keep it running, you risk losing your visa status.
Follow all visa regulations.
Make sure you understand all the rules related to the E-2 visa. This includes maintaining your investment amount and operating your business within U.S. law. If you violate any of these rules, you may face serious consequences, including the possibility of being asked to leave the country.
Don’t leave the U.S. for too long.
Leaving the United States for more than a few months could harm your E-2 status. This is because the E-2 visa is tied to your active investment in the U.S. If you must travel, try to keep your trips short and ensure you still meet all investment obligations.
Apply for extensions on time.
E-2 visas are often granted for a limited period, usually two years. You can apply for extensions if your investment and business activities comply with E-2 requirements. Be proactive about filing for extensions before your current visa expires to avoid any lapse in status. You could run into problems if your visa expires before your application for renewal is approved.
Family status
If your family is in the U.S. with you, they must maintain their E-2 status by following similar rules. If your status changes or you lose your visa for some reason, it also affects them. Keep a close eye on all your visa paperwork to ensure your family members maintain their legal status. It’s a group effort.
Other options if you don’t meet the nationality criteria
If you’re interested in the E-2 visa but don’t meet the nationality criteria, don’t worry! There are other options you can explore.
The E-2 visa is a special visa for business investors from certain countries, but what if you’re from a country that isn’t on the list? There are still ways to achieve your dream of living and working in the United States. Let’s take a closer look.
Consider different visas
While the E-2 visa is an excellent option for many, other types of visas are designed for investors and business owners. Some of those options may have different requirements and could be open to you. Check out all the visa categories to see if there’s another one you might be interested in/eligible for.
Dual nationality
Sometimes, individuals do not realize they can have dual nationality. You can apply if you hold citizenship from a country that is eligible for the E-2 visa.
This means that if you are a citizen of a country that allows E-2 visas and have citizenship from a country that doesn’t, you can use your eligible nationality as your ticket to the visa.
Ensuring that you can legally claim dual nationality is essential, so check with an E-2 visa attorney for guidance. They can direct you.
Investor partnerships
Another option is partnering with someone who meets the E-2 nationality criteria. If they are willing to invest in the business alongside you, you can jointly apply for the E-2 visa.
You both must be involved in managing the business. Remember, the person from the qualifying country must have at least a 50% ownership stake in the enterprise.
Consult an E-2 visa lawyer.
Getting help from an E-2 visa attorney is a huge advantage. They have the knowledge and experience to guide you through the complex immigration rules and help you find the best option based on your situation.
They can also help you navigate the paperwork, which is tricky and time-consuming. Consulting with an expert is always a good idea if you want to understand your options better.
Explore other investment opportunities.
Lastly, if you cannot get an E-2 visa but still want to invest in the U.S., consider looking for opportunities that don’t require a visa. Some people find ways to invest in U.S. businesses or markets from their home country without moving to the United States. While it may not allow you to live in the U.S., it can still be a great way to build your investment portfolio.
Get your E-2 visa with immiVisa
If you’re planning to navigate the complexities of the E-2 visa process, particularly understanding the E-2 nationality criteria for individual investors, don’t go it alone.
At immiVisa, our team of experienced E-2 visa attorneys specializes in E-2 visa applications and can provide you with the expertise and guidance necessary to optimize your chances of approval. We understand the nuances of nationality criteria and will help you prepare a robust application.
Contact immiVisa today to ensure your investment in the United States is solid. Let us help you achieve your business and immigration goals with confidence and ease.
