What is an E2 Investor Visa?

An E2 Investor Visa is a type of nonimmigrant status that allows individuals from certain countries to live and work in the United States if they invest in a U.S. business or entity. The E in E2 represents the word “treaty,” meaning that this category of visas is granted based on treaties between the U.S. and other countries. 

Key Takeaways

• An E2 Investor Visa is a type of nonimmigrant status that allows people from specific countries to live and work in the United States if they invest substantially in a U.S. business or entity.
• There is no limit to the number of times the E2 visa can be renewed.
• Through obtaining an E2 visa, your spouse and unmarried children under 21 years old can also qualify for E2 visas.
• In order to qualify, you must have the intent to depart the US once your E2 status ends.

Main Requirements

There are a few key requirements that must be fulfilled in order for an individual to become eligible for an E2 investor visa. These conditions have been carefully considered by U.S. immigration law to prevent misuse of the immigration system while encouraging investments that boost the U.S. economy. Some of the main requirements include:

• Substantial Investment: it is important to note that there is no minimum amount set by law for the investment. However, the investment must be substantial in relation to the total cost of the business. Additionally, the investment must be fully committed and at risk.
• Control and Management: In most cases, the investor must play an active role in the management of the business. In other words, he should have control or ownership of at least 50% of the business. He or she should also be involved in overseeing day-to-day operations of the business. 
• Active Business: The investment must be in an active, real operating business. This means that it cannot be passive investments like stocks market investments, mutual funds, real estate solely for rental income or hedge fund investments.
• Treaty Country: The investor must be from a country that has a qualifying treaty with the U.S. Common examples of treaty countries include Australia, Israel, the United Kingdom, Taiwan and Germany. 
• Source of Investment: The source of an E2 investor visa’s funds must be lawful. There must be a complete paper trail from original source to investment. Acceptable sources could be inheritance, personal savings from employment, investment returns, real estate sales or monetary gifts. Loans secured by personal assets may also be accepted.

Bottom Line

The E2 Investor Visa program presents a valuable opportunity for foreign entrepreneurs interested in living and working in the United States. If you need help navigating the investment or application process, our team of experts is here to help. Schedule a consultation with an Attorney At Law lawyer in your area now.