general overview.
E-2 treaty investor visa:
The E-2 treaty investor visa is a nonimmigrant visa which allows foreign entrepreneurs from treaty nations to enter into the U.S. and carry out investment and trade activities.
Note: Investment activities include purchase of an existing business, or the startup of a new business. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.
To qualify for E-2 visa:
* You must be the national of the country that has an investor treaty with the U.S. and you are involved in international trade
* You must be serving your company in a capacity that is supervisory or executive in nature or involves skills essential to the operation of the business (key employee); or you are a 50 per cent owner of the company
* Your nationals own at least 50 per cent of the stock of your company i.e. the firm has the nationality of the treaty country
* You are investing or your company has invested substantial amount that is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the U.S.
* The U.S. business will involve in active trade or rendering of services
* You intend to depart at the conclusion of your duties in the U.S.
'substantial investment':
An investment of at least $200,000 is considered substantial. However, it is not fixed and there are consulates who may accept as low as $100,000, while a few demand as much as $500,000. Ideally $200,000 would be the most appropriate figure.These figures are not the regulations of the USCIS, but they reflect our experience in similar applications over the years.
Note: If the investment becomes equal or greater than $500,000, you maybe eligible to petition for permanent immigration status (GREEN CARD) via an EB-5 Visa application.
Investment:
While there is no minimum amount, the investment must be sufficient to establish, or purchase, a viable business. It is currently difficult to make a qualifying investment with less than $100,000 to $150,000, but it may be possible. Usually the larger the investment, the more profitable the business, the stronger the case. Note that for small businesses, you will be expected to have invested the great majority of the purchase price in cash.
What type of businesses qualify:
Your investment must be in a real operating commercial enterprise Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment. Visas are issued for all types of business ventures, e.g. convenience stores, motels, property management companies, shooting ranges, gift shops, building contractors, food franchises, and pool cleaning companies. All kinds of businesses can qualify. What is critical is that the business generates more than enough income to support you and your family and creates employment. This is called a "test of marginality" Do franchises qualify for E-2 visas? Answer: Yes they can. The same requirements apply for a franchised business as any other, whether it is a new franchise or a franchised business already in operation.
Privileges on E-2 visa:
On E-2 visa, you may:
* Work legally in the company that is the investment vehicle in the U.S.
* Travel freely in and out of the U.S.
* Stay on a prolonged basis with unlimited two year extensions as long as you maintain E-2 qualifications
* Bring your dependents or accompanying relatives and your spouse may also work while in the U.S.
To get an E-2 visa to start up a new business?
You will have to show you have made the various expenditures required to set up the business before the visa application is approved. The American Embassy will have to be convinced that your business will be profitable and employ U.S. workers. Unless you have a good track record in business in the U.K. or have firm evidence of prospective business customers in the United States, start-up business applications can be hard to get approved. However, as you will already have made various expenditures to set up the business, you will likely lose the benefit of investment funds being held in escrow pending approval or denial of visa application.
limitations of E-2 visa:
* E-2 visas are available only to nationals of countries having trade treaties with the U.S.
* You are restricted to work only for the specific employer or self-owned business that acted as your E-2 visa sponsor
* E-2 visas are approved for two years at a time which makes the application/extension process cumbersome
Stay in the US on investor visa?
You may stay on a prolonged basis with unlimited five year visa extensions or two year status extensions as long as you maintain E-2 qualifications. There is no limit on the number of extensions you can take.
Extension of stay on E-2 visa:
To apply for E-2 extension you must submit Form I-129, Petition for Nonimmigrant Worker, along with E Supplement and submit Form I-539, Application to Extend or Change Nonimmigrant Status, for accompanying relatives. Along with it you must submit:
* Copy of your Form I-94 Arrival-Departure document
* Copy of original Form I-797, Notice of Action, if your status was previously approved or extended in the U.S. or
* Copy of your complete passport including the E-2 visa
* Letter from your employer stating that your extension is required and
* Copy of your personal and U.S. business income tax returns for the past two years, including payroll tax returns
Note: If you file for extension before the expiry of your I-94 you may continue working for 240 days while waiting for the decision. If you file after the expiry of the visa you may stay up to 40 days awaiting the decision. If there is no decision within the 40 days you are supposed to leave terminating your work in the U.S.
revalidate E-2 visa:
No, you may not apply for visa revalidation of your E-2 visa by mail without leaving the U.S.
Change status while on E-2 visa
You may apply for change of status while on E-2 visa. You must submit Form I-129, Petition for Nonimmigrant Worker, indicating your change of status with appropriate supporting documents.
Travel restrictions on E-2 investor visas:
There are no travel restrictions on E-2 visa. You may travel as many number of times as required before the expiry of your E-2 status. The USCIS also does not impose any time limit on your stay abroad.
Study on E-2 visa:
You may study on E-2 visa, however, you may not join a full length program like an F-1. You may take up a few credits at a university when they do not harm the primary interest of the visa.
Bringing my dependents on E-2 visa:
You may bring your spouse and unmarried children under the age 21 years to stay along with you. They may stay in the U.S. as long as you maintain a valid E-2 status. You may also bring a domestic or personal servant on nonimmigrant status, provided you can show that:
* He or she is not abandoning their residence abroad
* He or she has worked for you for at least one year, or has had an ongoing employment relationship with you and has at least one year of experience as a servant
Dependents work on E-2 visa:
Your spouse may seek employment by applying for Employment Authorization using Form I-765, Application for Employment Authorization.
Dependents study on dependent E-2 status?
Your dependents may join U.S. schools, colleges and universities, and do not have to apply for separate student visa such as an F-1 visa.
