Laura Stewart is a dedicated business immigration attorney that specializes in the E-2 Visa.
Are you a foreign entrepreneur with a dream to live and work in the USA? It may be easier than you believe through the E-2 Investor Visa. Our service is dedicated to guide you every step of the way to make your dream become reality.
Your unique business goal may be achieved through the E-2 Treaty Investor Visa, which derives from bilateral treaties and legislation enacted by the Immigration and Nationality Act (INA) 101(a)(15)(E)(ii).
The E-2 Treaty Investor Visa is a non-immigrant visa that permits a foreign citizen the right to relocate to the US with their family to manage and operate an existing US business or launch a start-up business. The E-2 visa grants all dependents (spouse and any children under twenty-one years of age) to accompany the foreign Investor. E-2 spouses are authorized to apply for a work permit and E-2 children may attend public school.
Depending upon your nationality, visas may be granted for up to five years and indefinitely renewable as long as your business meets certain criteria. There are several basic requirements to qualify for the E-2 visa:
- The Investor must be a national of a treaty country (see qualifying countries on the treaty chart below).
- The Investor must prove that they have made an investment (owning at least 50% stake) and lawfully obtained the funds used for the investment. They must also show that they have had possession and control over such funds.
- The business investment must already be irrevocably committed (spent), thus the investment is at risk.
- The investment (either the purchase of an existing business or a start-up business) must be substantial. This means that the amount invested is sufficient to successfully run and operate that specific type of business.
- The business must be a real and operating enterprise (not speculative).
- The business investment may not be marginal. This means that the business should generate enough income to provide for the investor’s family, yet the investment should also have a significant economic impact in the US economy by providing at least two US citizen jobs by the end of the second year.
- The Investor’s role must be to direct and develop the business. The investor must oversee the daily operations of the business. In unique situations, the investor may send a supervisor with highly specialized skills to run the business.
Below are the requirements discussed in greater detail:
- E-2 Treaty Countries –
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville and Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, the Former Yugoslav Republic of (FRY), Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.
- Investment with lawfully obtained funds –
The Investor must own at least 50% of the business (either a start-up or purchase of an existing business).
The Investor will need to show how they obtained the funds that are used for the business. These funds can come from various sources such as; an inheritance, the sale of property, the sale of an automobile, the sale of a previous business, a gift, personal loans, work income/savings, etc. The government needs to see that the money was not derived from the sale of illegal narcotics, fraud, money laundering, etc.
Each source of funds must be traced with the supporting documentation, usually the bank accounts where that money has been held before investing in the business. For example, if you sold your home for 100,000 British Pounds and/or you had an inheritance for $1,000,000 Canadian Dollars (CAD), we would gather all of your real estate and inheritance documents to show all transactions going into your bank account and any subsequent transfers of those funds, illustrating your possession and control over the funds.
Most of the this tracing process can be extremely tedious as it entails tracing and converting funds for each transaction, but we take this entirely off your hands and will only need for you to submit the initial appropriate documentation.
- Investment must be irrevocably committed or “at risk”–
The funds/expenditures used to either purchase an existing business or create your start up business must have already been spent; they are at risk and subject to partial or total loss.
These transactions may differ depending on a business start up or a business purchase. Hence, you may have one large transaction showing you bought the business for $100,000 USD and it is now sitting in escrow, pending approval of the visa. For a start-up business, you will have to show all of the hard receipts that go towards your business investment. It is not uncommon to have fifty plus receipts depending on the type of business you have created, just as long as you can show you have already spent all of the investment price. It is also acceptable to keep a small amount of money in a bank account that will be allocated as “working capital.” For example, depending on your purchase price amount, you may be able to supplement your hard receipts with $15,000 USD designated as working capital in the bank.
Overall, this can be a very tedious process, but again, we handle everything for you.
- Investment is substantial –
The amount of your business investment must either be purchase price (offered at fair market value) or it must be the realistic amount to establish and run an operational business. Therefore, a substantial amount for a small cafe may be $150,000, yet a substantial amount for a small hotel maybe be $300,000. The business investment should be at least $75,000 USD.
- Real and Operating Enterprise –
The business entity (usually an LLC or Corporation) must be a “bona fide enterprise” that will earn a profit and offer some type of goods or service. Further, the business must already be legally formed and ready to operate. Speculative investments such as mere plans to create a business, land investments, or money in bank accounts are not real and operating.
A fully developed business plan must also be submitted, with proof of upcoming employment personnel plan and salaries, a five-year forecast, and a CPA verification letter stating that the business plan is a solid business venture.
- The business investment may not be marginal –
The business must significantly contribute to the US economy by providing a certain amount of jobs per year, and also ensure that the investor can make a salary that will be able to provide for the investor and their family while living in the US and running the business.
- The Investor must direct and develop the business –
The Investor must show that they have the necessary skills to adequately develop and direct the business, and will oversee the business as the head manager. There can still be other managerial employees with supervisory roles, yet the Investor must show that they will actively oversee the day-to-day operations of the business.
*** Because the E-2 visa is a complex business visa, there are several legal and business documents that you will need to obtain. We can also complete these documents for you if you prefer to use one law firm for everything. Some of these items include but are not limited to:
- Articles of Incorporation (or your preferred business entity that is filed with the appropriate state)
- Share Certificate listing shareholders
- Operating Agreement with Share Register
- Purchase Agreement
- Business Plan
- Negotiation of Commercial Lease Agreement
***Family Ties
The E-2 visa allows your immediate dependents (spouse and children under twenty-one years of age) to come with you. After you have successfully obtained your E-2 visa, your spouse may apply for a work permit and be authorized to work full-time in the US. Your children may attend public school until they are twenty-one years of age. After that they must apply for a visa on their own if they choose to stay in the US. We can help with all of these legal matters.
We are here to accommodate all of your needs and are dedicated to making your dream become a reality. We strive to offer affordable and quality services to all of our clientele, and pursue great effort to efficiently work with you from start to finish. After all, your success is our success!
Feel free to contact us directly at 619-847-6873 to set a free consultation via telephone or feel free to send an email to justin@justinmurphylawgroup.com (please include basic information about yourself and any prospective plans) and we will respond to you by the next business day.
We wish you the best in your endeavor!