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Unlock Your Pathway to U.S. Business Ownership

The Essential Guide to E-2 Visas

The E-2 visa is a non-immigrant visa that allows foreign nationals to enter the United States for the purpose of investing a substantial amount of capital in a U.S. business and managing that business. It is typically available to nationals of countries that have a treaty of commerce and navigation with the United States. Here are the key requirements for an E-2 visa:

Requirements

  1. Treaty Country Eligibility: To qualify for an E-2 visa, the applicant's home country must have a qualifying treaty with the United States. The list of eligible treaty countries can change, so it's important to check the most up-to-date list on the U.S. Department of State website.
  2. Investment: The applicant must make a substantial investment in a U.S. business. The investment should be large enough to ensure the success of the business, and there is no specific dollar amount that qualifies as "substantial." The investment should be at risk, meaning it must be subject to potential financial loss.
  3. Active Involvement: The applicant must demonstrate that they will be actively involved in the management and operation of the U.S. business. This typically means that they will have a hands-on role in running the company rather than being a passive investor.
  4. Source of Funds: The applicant must provide clear documentation showing the legitimate source of the investment funds. The funds should be obtained through legal means.
  5. Business Development: The investment should create jobs for U.S. workers and contribute to the development of the U.S. economy. The specific job creation requirement can vary depending on the type of business and the circumstances.
  6. Business Type: The business in which the investment is made should be a bona fide, active commercial enterprise. It cannot be a passive investment, like purchasing real estate for personal use.
  7. Visa Duration: E-2 visas are typically issued for two to five years, but they can be renewed as long as the underlying business continues to meet the eligibility requirements.
  8. Spouse and Dependents: E-2 visa holders' spouses and unmarried children under the age of 21 may also be eligible for derivative E-2 visas. Spouses are typically allowed to work in the United States, while children can attend school.
  9. Intent to Depart: Applicants must demonstrate an intention to depart the United States when their E-2 status expires. This means they should have a clear plan for returning to their home country.


The specific requirements and procedures for obtaining an E-2 visa can vary depending on the applicant's home country and the circumstances of the investment. It's advisable to consult with an immigration attorney or the U.S. Embassy or Consulate in your home country for detailed guidance and assistance throughout the application process.

Eligible E-2 Visa Countries

The list of countries that have treaties with the United States and whose nationals are eligible for E-2 visas can change over time. It's essential to check the most up-to-date list on the U.S. Department of State's website or contact the U.S. Embassy or Consulate in your home country for the latest information. Learn more:


COMPLETE LIST OF E-2 VISA-ELIGIBLE COUNTRIES

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