Since May 1, 2019, Israel has been eligible for E-2 classification with the United States Citizenship and Immigration Services. This new possibility rapidly started booming among Israeli entrepreneurs, exponentially increasing the demand for E-2 visa applications in the last three years.
In this article, you will find out how to get an E2 visa from Israel.
E-2 Treaty Investor Visa – Fundamental Requirements
The E-2 visa is a nonimmigrant classification that allows nationals of eligible countries to be admitted to the United States upon investing a “substantial amount of capital” in a US business. A treaty E-2 country is a country:
- With which the United States maintains a treaty of commerce and navigation
- With which the United States maintains a qualifying international agreement, or
- Which has been deemed a qualifying country by legislation
Not only E-2 investors themselves may qualify for this classification, but certain employees of a qualifying E-2 business may also be eligible for the same status. To qualify for E-2 classification, Israeli investors must:
- Show they are nationals of Israel with proper documentation
- Have invested (or be actively in the process of investing) a “substantial amount of capital” in a US enterprise, and
- Be seeking to enter the US solely to dedicate to developing and directing the proposed business investment
The latter requires applicants to show at least 50% ownership of the proposed enterprise or possession of operational control through a leadership position in the company.
What is a Substantial Amount of Capital?
USCIS has no fixed threshold to determine what a “substantial amount of capital” is. Compared to other investor visas, the E-2 classification gives Israeli applicants more flexibility, as they can seek eligibility to form a US company and work on it without necessarily investing a hefty amount.
To identify whether an applicant’s investment meets USCIS requirements, the agency defines the term “substantial” as:
- “Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
- Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise, and
- Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial”
An important aspect that cannot be overlooked is that the investment must be placed “at risk” in a bona fide enterprise. Accordingly, the proposed enterprise must be a “real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit.”
What is the Period of Stay for Israeli Investors Under E2 Status?
Initially, the maximum period of stay allowed for successful E-2 applicants is two years. It is not hard to classify for a renewal, which may be granted in increments of up to two years each. One of the advantages of the E-2 classification is the possibility to stay in the United States indefinitely, even though this is a nonimmigrant visa.
Do You Want to Apply for E2 Visa from Israel? – Immediately Contact an Expert Immigration Attorney
A well-versed legal advisor in US immigration law, Attorney Romy B. Jurado willingly wants to help you succeed. Contact us by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.
