SZE Law - SZE Immigration - E - 2, Visa, Investor Visa, Investment,

Practice Areas > Immigration > Visas For US > E - 2 (Treaty/Traitor Visa)

E-2 Treaty Investor Visa WHO'S ELIGIBLE?

The E-2 investor visa is for an enterprise that invests a substantial amount of funds in the United States with the prospect of job creation.

IMMIGRATION REQUIREMENTS

The requirements for an E-2 investor visa are that the investor show that he/she has control of the funds (50% or more), and if necessary, the legal source of those funds and that he/she be a national of a treaty country. Assuming that the source of the funds is legal and the investor has control of the money, it does not matter whether the source of investment funds is from savings, other investments, a gift, a lottery prize, or in some specific situations even a loan. The principal investor must also prove control of the enterprise – which equates to at least a 51% ownership.

In defining what constitutes a “substantial investment”, the test that’s used is called the proportionality test. This means that the amount of the investment will be considered substantial if it would suffice to set up an enterprise of that nature. Therefore, it’s possible to set up a viable E-2 investor situation with as little as $70,000 to $100,000, depending on the type of investment sought. In any event, if an investment is being contemplated in order to obtain an E-2 visa, it is extremely important to get a competent business immigration lawyer involved at the planning stage.

A question that’s often raised from clients is, if all things are equal, which E visa is better, the E-1 or the E-2? Great question, the answer will depend on the individual circumstances and the possibilities for each type of enterprise but there are some key comparative advantages and disadvantages. With the E-1 option there is a risk that if the enterprise becomes successful and expands its trade with other countries, the E-1 visa may be lost if third country trade exceeds 50% of the volume. On the other hand, if one doesn’t have a large amount of money to invest, it can be less costly to start an E-1 enterprise rather than an E-2 enterprise. Finally, the set up of the E-1 situation may take longer due to the requirement of a historical demonstration of substantial trade.

QUESTIONS

If you have any questions concerning this visa or require our assistance, please contact our office at info@szelaw.com

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