The Law Offices of Vaughan de Kriby speicalizes in EB-5 Investment Green Card only. We're happy to share the information below to help you with your E-2 decisions.
The E-2 treaty investor visa is ideal for those living in a trade treaty country who wish to come to the United States with their families in order to invest significant funds into an enterprise and operate a business that benefits both countries.
The E-2 visa is intended for persons who want to enter the United States solely to develop and direct the operations of an enterprise in which the investor has invested, or of an enterprise in which the investor is actively in the process of investing a substantial amount of capital.
What are the required documents for an E-2 investor visa?
- Electronic nonimmigrant visa application DS-160.
- Nonimmigrant treaty investor visa application DS-156-E
- A passport that is valid for the next six months.
- A letter of support from the company.
- The prospects of the investment.
- The duties that you will fill as a business operator in the United States.
- A filing fee.
U.S. immigration regulations provide that an E-2 visa is available to:
An alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital.
Do you qualify for an E-2 investor visa?
- You must be from a treaty country.
- You must make a substantial investment in an enterprise; that is, an investment that is sufficient to successfully run your operation.
- You must come to the United State to develop and direct your enterprise.
- Your investment must provide an income and have a significant positive impact on the U.S. economy.
The capital invested by a treaty investor must be subjected to partial or total loss if the investment does not turn out as intended. The capital that is invested also needs to be the investor's unsecured personal business capital or capital secured by personal assets.
Often we find that for an E-2, to prove the investment of funds has been made, an E-2 applicant will choose to place capital in an escrow, or third party trust account, wherein the E-2 investor is set to purchase a business or some goods to be used in the operation for the business, with the transaction itself, only pending the completion of the E-2 visa process. This arrangement can be used to protect the E-2 applicant's investment so that a situation does not arise where the E-2 applicant is without funds for investment.
Please feel free to read our other E-2 Visa articles.