E-2 Visa Requirements for Investors

When considering an E-2 visa, it’s crucial to understand the specific requirements for investors. The E-2 Treaty Investor visa is an excellent option for foreign entrepreneurs who want to purchase or launch a business in the United States. Unlike a passive investment, this visa is designed for individuals who will be actively involved in managing and growing their U.S. enterprise.

To qualify, an applicant must meet several core requirements that revolve around three key areas: the investor’s nationality, the nature of their investment, and the viability of the U.S. business itself.

Read this guide to gain an in-depth understanding of the E-2 visa to see if you qualify and should file a petition for an E-2 work visa.

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What is The E-2 Visa?

An E-2 treaty investor visa is a non-immigrant visa reserved for foreign entrepreneurs of countries that have a Treaty of Trade and Commerce with the United States. An E-2 investor visa allows foreign investors to enter and work inside the United States based on a substantial investment in a bona fide enterprise.

Key E-2 Visa Requirements

Nationality and Treaty

You must be a national of a country that maintains a qualifying treaty of commerce and navigation with the United States.

It is important to note that you must be a legitimate citizen of one of the above countries to fulfill the E-2 visa requirements. It is not enough to maintain a legal permanent residency. Your current passport must be from one of these treaty countries. However, you do not have to be currently residing in a treaty country as long as your citizenship from a treaty country.

For example, if Mr. Cousteau is a citizen of France but has been living in China for the last eight years, he still fulfills the E-2 visa requirements and can apply.

Substantial Investment in a Bona Fide Enterprise

To qualify, you must have invested or be in the process of investing a substantial amount of capital in a bona fide enterprise in the United States.

Let’s break down the particulars:

• USCIS highlights that capital (funds and/or assets) must be at commercial risk. In other words, funds must be subject to partial or total loss if the business fails. The investor must demonstrate that the funds were not obtained, directly or indirectly, from criminal activity.
• Your business must be a real, active, and operating commercial or entrepreneurial undertaking that produces services or goods for profit.
• The business cannot be a marginal enterprise. A marginal enterprise is one that does not have the present or future capacity to generate more than a minimal living for the investor and their family. A new business must be able to demonstrate this capacity within five years of the investor receiving E-2 status.
• The amount of capital that is considered substantial is:
  1. Substantial in relation to the total cost of purchasing or establishing the enterprise.
  2. Sufficient to ensure the investor’s financial commitment to the successful operation of the business.
  3. Large enough to support the likelihood that the investor will successfully develop and direct the enterprise. Proportionately, the lower the cost of the business, the higher the investment must be.

Some of the evidence you may submit to demonstrate that your business is bona fide includes:

• Notice of assignment of an Employer Identification Number from the Internal Revenue Service (IRS)
• Tax returns
• Financial statements
• Quarterly wage reports or payroll summaries (i.e., W-2s and W-3)
• Business organizational chart
• Business licenses
• Bank statements, utility bills, and advertisements/telephone directory listings
• Contracts or customer/vendor agreements
• Escrow documents
• Lease agreement

No “Official” Minimum Investment Amount

While there is no official minimum dollar amount required for an E-2 Treaty Investor Visa, understanding the “proportionality test” can help determine whether the amount is meets USCIS requirements. For a lower-cost enterprise, a higher percentage of the total value must be invested.

For example, a $100,000 investment for a business valued at $120,000 would likely be considered substantial, whereas a $100,000 investment in a business worth several million dollars may not.

Control of the Enterprise

The investor must be seeking entry to the U.S. solely to develop and direct the investment enterprise. This is typically established by showing ownership of at least 50% of the enterprise or by demonstrating operational control through a managerial position or other corporate device.

Intent to Depart

The investor must maintain an intention to depart the United States when their E-2 status expires or is terminated.

Requirements for the Employee of a Treaty Investor

For an employee of an investor to apply for this visa, there are a series of E-2 visa requirements that must be met:

• Your employee must be a citizen of the same treaty country as the principal E-2 investor
• The employee must be coming as an executive or supervisor, or if employed in a lesser capacity, possess special qualifications that are essential to the efficient operation of the enterprise.
  • Executive or Supervisory Character: employees have control and responsibility for the enterprise’s overall operation or a major component of it. This includes having the authority to determine policy, supervise a significant portion of operations (not just low-level employees), and make discretionary decisions.
  • Special Qualifications: These are skills that make the employee’s services essential to the business. Factors considered include the employee’s proven expertise, whether others possess their specific skills, the salary their skills can command, and whether these skills are readily available in the United States. Knowledge of a foreign language and culture is not, by itself, considered a special qualification. These skills may be essential for a limited time, such as during a start-up phase or for training other employees.

Is an E-2 Business Plan Required?

While not listed as an official E-2 visa requirement, it is highly recommended that you submit a comprehensive business plan along with your E-2 evidence. This is because the USCIS wants to see that your enterprise will create jobs and stimulate the economy in the U.S.

To prove this, you need to make it clear that you have experience starting a business or that your enterprise has a high likelihood of success. Submitting a business plan is the best way to accomplish this.

Requirements for E-2 Visa Extension

There are two ways to extend your E-2 status. The first one is to travel outside the United States and re-enter. This will give you an automatic two-year renewal. The other option is to seek renewal in the U.S. by filing an extension request with the USCIS. To do this, you will need to submit a new I-129 petition, an I-539 form, and other E-2 visa extension documents. 

You must demonstrate that you continue to meet all the original eligibility requirements.

E-2 Visa Requirements and Nationality

While an E-2 visa is open to nationals of all treaty countries, certain country-specific requirements depend on an applicant’s nationality. 

For Example, British nationals are required to show residence in the U.K. before they can qualify for an E-2 investor visa. While this may appear simple for British nationals, it may be complicated for those living outside of both countries. As a U.K. citizen living in another country, you may need to show one of the following to get your E-2 visa approved:

• Ownership or rental of a home in the United Kingdom
• U.K. tax returns
• U.K. payslips
• U.K.-based investments
• Other connections you have in the U.K.

How VisaNation Law Group Can Help

Do you need assistance filing for an E-2 visa? VisaNation Law Group can help you file an E-2 visa based on the USCIS and U.S. Department of State guidelines. With years of experience helping investors get their start in the U.S., VisaNation Law Group is uniquely equipped with the knowledge to help you with your specific E-2 case.

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Related Pages: E-2 Visa Requirements for Investors

• Investor Visa
• E-2 Treaty Investor Visa Requirements
• E-2 Visa Renewal and Extension