by Chandra C. Mitchell, Esq.

chandra@neilflewis.com

Introduction:

Are you interested in running your own business in the United States and being your own boss? Then the E-2 Investor Visa may be for you!

The E-2 is a non-immigrant temporary work visa, but can be renewed indefinitely. The E-2 visa stamp in the passport is usually issued for five (5) years at a time by the U.S. Consulates, and USCIS grants E-2 status for two (2) years at a time.

Family members:

Your spouse and children under 21 can accompany you to the U.S. on E-2 dependent visas.

- E-2 Spouses are allowed to work anywhere they choose, but must first apply for an Employment Authorization Document (“EAD or “work permit”).

- E-2 Children are allowed to attend school, without needing the F-1 student visa, but are not allowed to work.

The Visa Requirements:

1. There must be an appropriate treaty between the United States and your country of nationality. [See list of bilateral investment treaty countries below.] You must be a citizen of one of the treaty countries in order to qualify for the E-2.
2. The U.S. enterprise must have the same nationality as treaty investor, which means that the U.S. enterprise must be owned 51% or more by national/s of a particular treaty country. Furthermore, you, as the Investor, must have a controlling interest. [Note: Joint ventures - i.e. 50% ownership - are also allowed.]
3. The investment made by you in the U.S. must be an “active” investment - i.e. an investment into a commercial enterprise. A “passive” investment, such as the purchase of real estate, is not allowed for E-2 purposes.
4. You must have invested or be actively investing a “substantial” amount into an U.S. business enterprise. Although USCIS likes to see investment amounts of $100,000 or more, there is no set dollar amount required - whether the investment is substantial or not depends on several factors such as the type of business, number of owners/investors, etc. Furthermore, as with any investment, your personal funds/monies must be at risk.
5. The investment must not be “marginal,” which means that the U.S. business will only support you and your family. The U.S. business must employ other workers - three (3) U.S. workers or more.
6. You must actively develop and direct the U.S. enterprise in which you have invested - for example, you would work as company president of the U.S. business.

Our office would guide and assist you in preparing and submitting a strong and well-crafted E-2 visa petition. We assist in gathering all of the sufficient evidence and documentation required for this visa category, provide contact information for professional items such as the 5-year Business Plan, prepare all the necessary forms, and effectively present the petition packet to show that your visa application meets all of the requirements and should be approved.

If you are interested in seeing if you could qualify for the E-2 Visa, please contact me at (813) 226-2144 or at chandra@neilflewis.com.

The List of Treaty Countries for E-2 Visa purposes: