Understanding the E2 Visa: A Gateway to Business Opportunities in the US

The E2 visa allows individuals or companies from certain nationalities to invest in a U.S. enterprise and qualify for residency. Despite its broad requirements, the E2 visa is often overlooked and underutilized. This article aims to clarify the E2 visa process, enabling you to leverage this unique opportunity to live and work in the U.S. or to hire specific foreign workers.

E2 Visa Requirements & Overview

To qualify for an E2 visa, individuals must meet several criteria:

• They must be nationals of an E2 treaty country.

• The U.S. business must be at least 50% owned by individuals from the same E2 treaty country. If a company makes the investment, it must also be owned 50% or more by treaty nationals.

• The individual or their company must invest, or be actively involved in investing, a substantial amount of capital in a U.S. business. The definition of "substantial" varies based on the capital required to launch the specific business, which will be explored further below.

• The initial E2 visa must be issued to someone in an owner, executive, manager, or essential worker role. After the first E2, additional workers can qualify if they are from the same country. It is important to note that the initial E2 application must include registration at a U.S. embassy.

  
  

In general, an individual or corporate investor should be prepared to provide the following documentation in the E2 visa application:

• Evidence of relevant experience related to their proposed role at the E2 business.

• Documentation proving that their investment is legal, often requiring a detailed account of every transaction and entity involved in the funding.

• Proof that the U.S. company will utilize the investment funds to grow the business. This can include client contracts, job postings, employment records, or lease agreements for a U.S. office.

• A comprehensive business plan for the U.S. company.

• Additional evidence as determined by their immigration lawyer.

  
  

E2 Investment Amount: What Constitutes a Substantial Investment?

While there is no official minimum investment amount for the E2 visa, smaller investments may not lead to approval. Some E2 applicants have succeeded with investments as low as $80,000 to $100,000 USD; however, many E2 investments are significantly higher. The U.S. Citizenship and Immigration Services (USCIS) states that an E2 investment must be:

• Substantial in relation to the total cost of either purchasing an established enterprise or establishing a new one.

• Sufficient to demonstrate the treaty investor’s financial commitment to the successful operation of the enterprise.

• Of a magnitude that supports the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionally, the investment must be to be considered substantial.

• Non-marginal. The investment must generate more income than what is necessary to support the individual E-2 investor. For example, an investment in a small consulting firm would likely require less capital than an investment in a medical research center due to differing operating costs.

  
  

Other Costs Associated with the E2 Visa

In addition to the investment, applicants may incur several other costs throughout the E2 application process, including:

• DS-160 Fee: $160. This fee must be paid before attending the visa interview at a U.S. embassy or consulate abroad.

• Consular Filing Fees: Varies. These fees apply to individuals filing an E-2 visa from outside the U.S. Each consulate charges a different fee. For instance, someone filing an E-2 from Australia pays $3,574.00, while someone from Germany pays $0.00.

• USCIS Filing Fees: $460 for visas filed from within the U.S. An additional $2,500 for visas filed inside the U.S. with premium processing. Most immigration attorneys advise against filing an E-2 through USCIS. Those who apply at a consulate or embassy often obtain longer validity dates and avoid the need to apply twice.

• Attorney Fees: Varies. As you consult various immigration service providers, consider the cost and what is included.

• Travel Costs: Varies. You will need to travel to a U.S. consulate or embassy to obtain your visa stamp and then travel to the U.S. Consider the associated travel expenses.

  
  

Can My E2 Investment Cover Immigration Costs?

In many cases, part of your investment can be allocated to cover your E-2 visa costs. For example, if you invested $200,000 in your startup before applying for the E-2, your company could use some of that investment to cover visa expenses. However, it is crucial to consult with your immigration attorney before attempting to use your investment for immigration costs.

Benefits of the E2 Visa

The E2 visa is one of the most flexible and advantageous U.S. work visas. Some of the benefits include:

• The ability to live and work in the U.S. for an initial period of two to five years, with the option to extend status indefinitely.

• The opportunity for your spouse to live and work in the U.S. Work authorization for spouses is not included with all work visas, making this a significant advantage for those with working spouses.

• The ability to bring children under 21 to live and attend school in the U.S.

• The freedom to work for any U.S. business in which you choose to invest, provided you and the business meet E2 qualifications.

• The avoidance of strict requirements associated with other visas, such as minimum wage and degree requirements.

  
  

For more information, visit OC Restaurant Realty's E2 Visa Resource.

Article courtesy of the author Jemima Owen-Jones and Deel.com. For further insights, refer to Deel's blog on E-2 visa investments.