The E-2 visa is a non-immigrant visa for individuals who wish to enter the United States to invest in and manage a business. Here are the key qualifications and requirements for the E-2 visa:
E-1 & E-2 VISA
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Investor Requirements:
- Nationality: The investor must be a citizen of a country that has a qualifying treaty with the United States.
- Substantial Investment: The investor must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States. The amount considered “substantial” depends on the total cost of the enterprise and must be sufficient to ensure the investor’s financial commitment to the successful operation of the business.
- Real and Operating Enterprise: The investment must be in a real, operating commercial enterprise. Speculative or idle investments do not qualify.
- Control and Risk: The investor must have control of the funds, and the investment must be at risk in the commercial sense, with the aim of generating a profit. Loans secured with the assets of the investment enterprise are not allowed.
Business Requirements:
- Bona Fide Enterprise: The business must be a real and active commercial or entrepreneurial undertaking, producing goods or services for profit.
- Marginality: The business must generate significantly more income than just to provide a living for the investor and their family or have a significant economic impact in the United States.
Employee Requirements:
- Nationality: Like the investor, E-2 employees must share the same nationality as the principal E-2 investor.
- Executive, Managerial, or Essential Skills: Employees must be engaging in executive or supervisory duties or possess skills essential to the enterprise’s operation.
Please be aware that immigration laws in the United States are subject to frequent changes. The information provided on this website was accurate at the time of updating. However, to obtain the most accurate and up-to-date information, it is strongly recommended that you seek guidance from an immigration attorney or consult with the U.S. Citizenship and Immigration Services (USCIS).
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