Understanding the E-2 Visa Requirements for Investors

December 9, 2022
RelisLaw

The global economy is in a very unusual situation, which most people are very unfamiliar with. While the high inflation, risk of a recession or depression, and other economic uncertainty can be stressful and even cause problems for many people, it is also these types of conditions that can lead to the biggest opportunities. If you have the resources to establish a business, acting now may give you the ability to get great deals and help to grow a struggling economy.

Coming to the US on an E-2 Visa

For many foreign investors, the opportunities available in the United States simply cannot be found anywhere else in the world. If you want to come to the US to invest in a business, your best option is likely to use the E-2 Visa. For those with sufficient assets to invest in a US based business, this option will often give you an excellent chance at approval. Of course, you do need to be able to meet the E-2 Visa requirements in order to be approved.

What are the Requirements for an E-2 Visa

When you apply for an E-2 Visa, you need to be able to show that you meet all of the requirements. If you submit an application without meeting these requirements, it will almost certainly be denied, which can make it more difficult to apply again. The key requirements to be aware of include:

  • Current Employer Identification Number – Make sure you have a Notice of Assignment of an Employer Identification Number from the IRS for the business that you have invested in.
  • Financial Statements – The immigration office will typically want to review the financial statements of the business. This will include recent tax returns.
  • Business Organizational Chart – Provide the organizational chart of your business to the immigration office to review.
  • Substantial Investment – You need to be able to show that you made a substantial investment into a US based business. While there is not a set required amount, investments of under $100,000 may get denied. It does, however, depend on the nature of the business, and there are ways to show future obligations that will lessen the amount you initially have to invest  (e.g. an employee agreement to hire someone once you are awarded the E2 visa). Lower investments are also possible if you wish to own 50% of a business.
  • Funds Must be At Risk – The funds you invest into the company must be made as an irrevocable investment, meaning you cannot walk away without losing anything. There is also the ability to have the funds in an escrow account to protect your investment until you are awarded the E2 visa.
  • Coming to Develop the Business – You will need to show that you want to come to the US specifically to develop the business you invested in. This may be to work as an executive, provide key operational services, or any number of other things.

Depending on the type of business you are investing in, where it is located, and other factors, there may also be additional requirements that you need to meet. As with any type of immigration effort, the best thing that you can do is to talk to an experienced attorney and team about your specific situation so that we can help you to move forward properly. Contact RelisLaw to schedule your consultation today – 1-800-514-4290 or +1-917-780-2435.

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RelisLaw

We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.

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