How to obtain the E2 visa in the US?

At Ting Law Group, our E2 Visa lawyers represent our clients throughout the US and around the world obtain the E2 Visa through investment. E2 visas permit foreign nationals to enter the United States in order to direct and develop a commercial enterprise or business in which they have invested a substantial amount of money or capital. Foreign nationals wishing to obtain E2 visas must be a citizen of a country with which the U.S. has a treaty of commerce. Although there is no specific dollar amount required under U.S. immigration law, the investment must be “substantial” and cannot be marginal. The E2 investor visa is typically initially valid for two to five years and may be extended indefinitely. This visa is great for either large companies wishing to invest in the U.S. or families who wish to either buy an existing business or create a new business in the U.S.

General Requirements:

• The investor, either a real or corporate person, must be a national of a treaty country;

• The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;

• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;

• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;

• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and

• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Benefits of Obtaining an E2 Visa:

• You can work legally in the U.S. for a U.S. company that is the subject of the investment;

• You can stay on a prolonged basis with unlimited extensions as long as you maintain valid E2 status (i.e. so long as the business remains in operation);

• Approvals of E2 visas tend to be fast as compared to other visas and are not subject to annual limits or quotas;

• You may bring your dependents (spouse and unmarried children under the age of 21) to live with you in the U.S.;

• Your spouse may seek employment by applying for an employment authorization card once the E2 visa is approved and you travel to the U.S.

• Your children under 21 years of age can study in the U.S; and

• You may purchase real estate in the U.S.