How the E2 Visa Unlocks a World of Opportunity for South Korean Investors
Since 2007, America and the Republic of Korea have maintained one of the world’s most robust and lucrative free trade agreements. As one of the biggest
markets for Korean goods and capital, the United States offers phenomenal growth potential for South Korean Investors, who enjoy almost exclusive access to the “E2 Treaty Investor Visa.” Learn how this visa can unlock many lucrative doors to the world’s largest single economy.
markets for Korean goods and capital, the United States offers phenomenal growth potential for South Korean Investors, who enjoy almost exclusive access to the “E2 Treaty Investor Visa.” Learn how this visa can unlock many lucrative doors to the world’s largest single economy.
Unpacking the E2 Visa
The E2 Visa is specially designed for foreign investors to come and live in the U.S. for the purpose of managing a commercial investment. Only citizens of “treaty countries” such as South Korea, which have a requisite treaty of commerce with the U.S., are eligible for the E2 Visa. Thus, simply having proof of Korean citizenship, such as a valid passport or a national I.D. card, gives, you a considerable edge over most investors worldwide.
However, an opportunity as good as the E2 Visa does not come easy: Having the right citizenship is only the start. Both the source of the investment and the business in which you are investing must meet certain requirements:
1.Either you or other citizens of South Korea must own at least 51 percent of the business in which you are investing. In other words, the E2 enterprise must have the same nationality as the E2 investor.
2.While the E2 Visa regulations do not set forth a specific dollar amount, you are required to show that the investment is “substantial,” meaning it is sufficient to purchase, establish, or develop a business in the same or similar industry. The general rule of thumb is that $100,000 to $150,000 is the likeliest to meet
this requirement.
3.The recipient of your investment must be a bona fide business, meaning it is active and generates revenue. You cannot invest in a nonprofit or in a passive
source of income such as real estate. While you can invest to create a new business, you must prove that the business will be operational and for-profit.
source of income such as real estate. While you can invest to create a new business, you must prove that the business will be operational and for-profit.
4.You must have full control of your investment funds. In other words, the U.S. government requires that you, like any investor, actually have skin the game. That means the capital cannot come form someone else, a loan, or from putting your business up as collateral. However, if the gifted or loaned funds are in an account you control (like a bank account in your name), that will meet this requirement.
5.The enterprise cannot be “marginal,” which means it must make enough money to support people other than you and/or your family within five years of receiving the E2 Visa.
Duration of the E2 Visa
The E2 Visa can be granted for up to two years, with an unlimited number of two-year extensions for as long as the business requires your management and
direction. However, even if there is no explicit cap, the E2 Visa is still in the nonimmigrant category, meaning it is explicitly designed for temporary residence.
Fortunately, while you are on E2 status can apply for an “adjustment of status” to legal permanent residence (a.k.a. a green card).
direction. However, even if there is no explicit cap, the E2 Visa is still in the nonimmigrant category, meaning it is explicitly designed for temporary residence.
Fortunately, while you are on E2 status can apply for an “adjustment of status” to legal permanent residence (a.k.a. a green card).
Bringing Your Family on the E2 Visa
The E2 Visa allows you to bring your spouse and unmarried children aged 21 or younger, even if they are not South Korean citizens. They can remain in the U.S. as “E2 dependents” under certain restrictions: Your spouse cannot work unless her or she obtains a separate employment authorization, while your children are
restricted from working altogether but can go to school.
restricted from working altogether but can go to school.
Obtaining the E2 Visa
My team at Jurado & Farshchian, P.L. has helped hundreds of clients worldwide fulfill their investment goals with the E2 Visa. Not only can we ensure you meet every requirement, but we will go the extra mile to improve your chances of success, such as helping draft a detailed business plan to strengthen your application.
Just call (305) 921-0976 or email [email protected] to schedule a consultation.