The most important E-2 Visa requirements include:

1. You must be a national of a nation that has a treaty of commerce and navigation with the United States

One of the most important E-2 Visa requirements is that applicants must be nationals of countries that have a treaty of commerce and navigation with the United States. In other words, not every country qualifies. To apply for an E-2 visa, however, applicants do not have to reside in their home country; all they need to do is prove they are nationals of a qualifying country. This flexibility, however, varies depending on the country from which you apply.

2. You must have invested or be in the process of investing a substantial amount of capital into a business in the United States

Another one of the most important E-2 Visa requirements is the “substantial investment” requirement. This is an investor visa, so it makes sense this requirement is one of the hardest to meet. By the time you submit your E-2 Visa application, you must have already invested a substantial amount of capital into a business in the United States or be about to make the investment, and the E-2 business must be close to beginning operating. In other words, you need to be serious about starting a business in the U.S., and taking the aforementioned actions is the only way to prove that you are. Consequently, merely transferring money into a business bank account in the U.S. will not qualify.

Moreover, your investment must be “substantial,” which essentially means that the amount you invest must be proportionate to the cost and nature of your E-2 business and must be enough to ensure the business starts operating successfully. The bigger the investment, the easier it is to meet this requirement. However, in the past, investors have obtained E-2 Visas by investing as little as $50,000. It all depends on the type and size of the business into which you invest.

3. You must invest in a real and operating commercial enterprise in the United States

To obtain an E-2 Visa, you can either create a new business in the United States or buy an existing one. In either case, the enterprise must be a real business that engages in commercial activities, generates income, and creates jobs for U.S. workers. 

4. You must intend to come to the United States to develop and direct your E-2 business

In other words, passive investors will not qualify. To apply for an E-2 Visa, you must: 1) own at least 50% of the business into which you invested, 2) intend to come to the U.S. to develop and direct the business, and 3) have control over the decisions made in the company. If you own more than 50% of the E-2 business, then meeting these requirements will not be a problem.

5. You must invest in a U.S. business that is not marginal

A marginal business is one that does not generate enough income to provide a minimal living for the E-2 investor and his or her family and have a positive impact on the economy of the United States by creating jobs for U.S. workers. Within five years of obtaining your E-2 visa, your business should create at least 3 jobs for citizens of the United States.

6. You must have control over the funds you will invest and commit the funds to the business

Some of the most important E-2 Visa requirements you will need to meet are proving that: 1) the money you invested is yours, 2) the money comes from a lawful source, and 3) the funds are irrevocably committed to the E-2 business.

7. You must intend to depart the United States once your E-2 Visa expires

The E-2 Visa is a non-immigrant visa, which means it does not lead to a green card – at least not directly. Therefore, you must intend to leave the country as soon as your visa expires. Meeting this requirement is relatively easy, as all you need to do is provide a written statement in which you declare your intention to depart the U.S. once your E-2 visa expires. That does not mean, however, you cannot renew your visa. If approved, your visa will be valid for a period of five years, initially. After that, you can renew it for as many two-year periods as you need, as long as you still qualify for the E-2 category.

The Most Important E-2 Visa Requirements Are Not Easy to Meet – Attorney Romy B. Jurado Can Help You

If you are considering applying for the E-2 Visa, then you need help. Meeting the E-2 Visa requirements is not easy. However, it becomes a lot less difficult when you work with experts. Attorney Romy B. Jurado can help you apply for any visa, even the E-2 Visa and the EB-5 Visa. Get in touch today by calling (305) 921-0976 or by emailing [email protected].