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What should you know about E-2 investor visas?

E-2 visas allow foreign individuals with significant investments within the United States to live in the US and manage their investment. Note that not all countries are covered under this visa. Your country must have an active Treaty of Commerce and Navigation or a Bilateral Investment treaty with the US. If you are from an eligible country, what should you know about the E-2 visa?

 

When are you considered a “substantial” investor?

In order to come to the US with an E-2 visa, you must be considered a “substantial” investor. There is no specific dollar cut off to determine whether or not you are a substantial investor. To qualify, you must finance a substantial proportion of a US business (50% or more), or enter the country with the sole purchase of establishing and controlling a substantial portion of a viable business with your investment.

In order to qualify, you must play a key role in the business’ operations. You must either be the direct investor, or an employee appointed to manage the investor’s interests.

Are there limits on what you can invest in?

Yes, in order to secure an E-2 visa, you must invest in an active business. You cannot deposit your funds into a bank account or invest your money in stocks and securities. Additionally, your investment should create jobs within the United States.

How many E-2 visas are available each year?

There are no limits to the number of E-2 visas available in the US. Therefore, the type of your investment, scope of your investment and home country determine whether or not you are eligible.

Can you bring your family to the US?

Yes, you can bring your spouse and unmarried children under the age of 21 to the United States with you while you hold an E-2 visa. They will be covered under E visa status, but they will not be able to work unless they qualify for a visa on their own merit.

What is the duration of an E-2 visa?

E visas are issued for a 2 year stint. You may request visa renewals as long as you continue your investment within the United States. Visa extensions are given in 2 block periods of time.

If you are investing significant capital in the United States and are looking to secure an E-2 visa, contact an attorney who can help you navigate the complex application process.

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