• James D. Lynch

The E-2 Investor Visa

The E-2 Investor Visa allows businesspeople from certain countries to work in the United States based on a business in the United States in which they invest. To qualify for an E-2 visa:

● The applicant must be a citizen of a treaty country. (A list of treaty countries can be found here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html)

● The applicant must invest in a bona-fide enterprise in the United States. (In other words, it must be an actual business that offers goods or services to customers.)

● The investment must be substantial. (Although there is no minimum amount required, generally an investment of $100,000 to $200,000 would be needed.)

● The investment must not be marginal. (In other words, the income from the enterprise must be significantly more than just a means to support the living expenses of the investor. The underlying goal of the E-2 visa is to provide a significant economic impact in the U.S. and to create jobs for U.S. workers.)

● The applicant must be coming to the United States solely to develop and direct the enterprise (The applicant must be at least a 50% owner of the enterprise, or the applicant must control the enterprise through a managerial position.)

● The applicant must provide proof of intent to return to their country of origin (The E-2 visa is valid for two years, and there is no maximum limit to the number of extensions that may be granted. However, since the E-2 visa is a non-immigrant visa, the applicant must demonstrate an intention to return to their home country.)