For those with an entrepreneurial spirit, or their employees who would like to establish a business within the United States, the E-2 visa may be your solution. These visas are provided on the basis of commerce, with the intent of bringing new businesses to the American market. Both the business owner and their essential employees can apply for E visas, which allows for their entry to the United States to develop their business, and the direct family members of E-2 visa holders may be able to acquire an E-2 dependent visa as well.
The E-2 Visa
For those who wish to establish a business in the United States, the E-2 visa is available if you fulfill the requirements. To qualify, you must invest in a business which you own at least half of, and you must be a citizen of a country that has a treaty of commerce with the United States. The full list of countries that qualify is available on the Bureau of Consular Affairs website. Your entry into the United States is predicated on your interest in developing your business, and this must be your primary reason for relocating.
Any business also requires employees, and as such the E-2 visa also allows for essential employees of the business to move to the United States to assist in operating the business. Essential employees in the case of an E-2 visa are those who are needed to develop and operate the business, usually fulfilling an executive or supervisory position. Those who are not executives or supervisors should have special skills or qualifications which make them necessary for the business’s operation.
There are also requirements that apply to the business itself, which specify that the business must have a “substantial impact” on the economy of the United States, and be able to generate enough revenue to support the owners, employees, and family members who received E-2 visas.
Spouses and children of E-2 visa holders are also able to receive a visa of their own through the E-2 dependent visa. Children must be under the age of 21 and will need to obtain their own visa once they reach the age of 21 to continue residing in the United States. Spouses who hold an E-2 visa are able to apply for a work permit, allowing them to work for any employer in the United States which does not require citizenship.
The E-2 visa has an initial duration of two years, which may be renewed for another two years at a time. If you or a loved one are in need of assistance with applying for an E-2 visa, contact RelisLaw today at 1-800-514-4290 to schedule a consultation. We also offer consultations via Skype, Zoom, and other platforms.
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