US - Non-Immigrant - Investment Visas
E-2 Treaty Investor Visas
E-2 visas are temporary visas for investors who would like to purchase or open a business in the US by making a “substantial investment.” Unlike other non-immigrant visa categories, the E-2 is based upon reciprocal treaties of commerce and navigation between the US and other countries. Unless such a treaty exists between the US and your country, you are probably not eligible for an E-2 Visa.
While the US Department of State (DOS) has not defined “substantial investment” by establishing a minimum investment amount for E-2 visas, we recommend an investment of at least $100,000 to $150,000 for most businesses. The investor must own at least 51% of the business; and the smaller the business investment, the greater the ownership percentage expected by DOS. Additionally, an E-2 investor should plan to employ in the business at least one full time person, who is not a member of the investor’s family. For investors in new businesses the E-2 visa is granted for an initial period of two years. For established businesses the visa is granted in five year increments and can be “renewed” indefinitely as long as the investment is maintained. An E-2 investor can bring his or her spouse and unmarried children under 21 to the U.S. The spouse and children can study in the U.S. and the spouse may apply for employment authorization documents to work in the U.S. But when E-2 dependent children turn 21, they must obtain alternative legal status in the US or return to the country of origin.
To be eligible for an E-2 visa an investor must:
- Be a citizen of a treaty country eligible for E-2 visa.
- Invest (at least $100,000 to $150,000) in a qualifying business anywhere in the U.S. (investments of $200,000 to $400,000 are common);
- Employ at least one person (not including the investor and his family) in a full time position;
- Show the source of funds for the money invested in the new business; and
- Either directly manage the investment business, be the chief executive officer for the business, or be an employee with specialized skills.
The investor must demonstrate that the source of funds used for the investment are derived from lawful sources by providing five years of tax returns and other evidence relevant to the source of funds, such as pay stubs, dividend receipts, or closing papers for the sale of property.