E2 Visa

What is an E2 Visa?

T

   he E-2 visa is a non-immigrant U.S. visa designed for nationals of countries that have a treaty of commerce and navigation with the United States. It allows investors and entrepreneurs to enter and reside in the U.S. to develop and manage a business in which they have made a substantial investment.

This visa is tailored to individuals who own at least 50% of the enterprise or who possess significant operational control over the business. The E-2 visa is popular among businesspeople looking to expand their operations into the U.S. or establish a new business presence.

To qualify for the E-2 visa, applicants must demonstrate that their investment is substantial and at risk, meaning the funds are committed to the business and subject to potential financial loss if the enterprise fails. The business must be a bona fide enterprise, actively engaged in commerce or services, and should generate enough income to support more than just the investor’s living expenses. Although the visa does not provide a direct pathway to permanent residency, it is renewable indefinitely, provided the business continues to operate successfully and meet the visa’s conditions. Spouses and unmarried children under 21 can accompany the principal applicant, and spouses are eligible to apply for work authorization during their stay.

3 Key Features of the E-2 Visa

Investment
Requirement

The E-2 visa requires a substantial investment in a bona fide U.S. business. The investment must be significant enough to ensure the successful operation of the enterprise and demonstrate the investor’s commitment. The funds must be “at risk,” meaning they are irrevocably committed to the business and subject to financial loss if it fails.

Nationality and
Ownership

The applicant must be a national of a country that has an active treaty of commerce and navigation with the U.S. Additionally, the applicant must own at least 50% of the business or hold a controlling position, ensuring they can direct its operations.

Temporary Nature and Renewability

The E-2 visa is a temporary, non-immigrant visa, typically issued for an initial period of up to five years (depending on the treaty). It can be renewed indefinitely as long as the business remains operational and the applicant continues to meet the visa’s requirements. However, the visa does not directly lead to permanent residency in the U.S.

How GGIC Can Support you through the E2 Visa

GGIC play a critical role in helping applicants navigate the E-2 visa application process by providing expertise, resources, and strategic planning. GGIC assistance is particularly valuable for ensuring compliance with U.S. immigration requirements and optimizing the business’s potential for success. By leveraging our expertise, GGIC can simplify the complexities of the E-2 visa process, minimize errors, and enhance the chances of a successful application. Here are several ways a GGIC can help:

  • GGIC  can assist in drafting a detailed business plan, a crucial component of the E-2 visa application. This plan must outline the nature of the business, financial projections, job creation potential, and the overall economic impact of the investment on the U.S. economy. The business plan must be professionally structured to align with U.S. Citizenship and Immigration Services (USCIS) requirements.
  • GGIC also identify suitable industries or business opportunities based on the applicant's skills, experience, and market conditions.
  • GGIC can guide applicants in structuring their investment to meet the E-2 visa's "substantial investment" requirement. This includes allocating funds appropriately, ensuring the money is "at risk," and demonstrating that the investment is sufficient to sustain the business's operations.
  • GGIC will also help secure financing or identify additional funding sources if necessary.
  • GGIC can assist in setting up the business in the U.S., including registering the entity, obtaining licenses, and securing office space or other facilities.
  • GGIC may help applicants hire staff and develop operational strategies, which are important to show that the business is actively engaged and not merely speculative.
  • GGIC can also provide legal services, and provide specialized support in E-2 visas. Together, GGIC can ensure that the legal and business aspects of the application are fully aligned and compliant with immigration laws.
  • GGIC  may also assist in compiling necessary documentation, such as proof of investment, financial records, and business activity.
  • Post-approval, GGIC can provide continued support by advising on business growth strategies, compliance with visa conditions, and managing operations to ensure the business remains viable for E-2 visa renewals.
  • GGIC  may also assist in compiling necessary documentation, such as proof of investment, financial records, and business activity.

97%

Success Ratio

Benefits of the E2 Visa

Business Opportunities in the U.S

The E-2 visa allows foreign investors to establish, manage, or expand their business in one of the world’s largest and most dynamic economies. Entrepreneurs can tap into new markets, build partnerships, and take advantage of favorable business conditions in the U.S.

No Set Investment Threshold

The E-2 visa does not specify a minimum investment amount, allowing flexibility based on the type and scale of the business. This makes it accessible for small and medium-sized enterprises (SMEs) as well as larger ventures.

Flexibility to Start or Purchase a Business

Applicants can establish a new business or invest in an existing enterprise. This flexibility allows for diverse opportunities in different sectors and industries.

No Quota or Cap

Unlike some other visa categories, the E-2 visa does not have an annual quota or cap, making it a more predictable and accessible option for eligible applicants.

Fast Processing Times

The application process for an E-2 visa is generally faster than many other U.S. visa categories, allowing investors to begin their operations without significant delays.

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    Eligibility Requirements for an E-2 Visa

    Nationality of a Treaty Country

    Applicants must be nationals of a country that has a treaty of commerce and navigation with the United States.

    Substantial Investment

    The applicant must have made or be actively in the process of making a substantial investment in a bona fide U.S. enterprise. While there is no fixed dollar amount, the investment must be significant enough to ensure the successful operation of the business and proportionate to the total cost of establishing or purchasing it.

    Bona Fide Business

    The business must be a bona fide enterprise, meaning it is a real, active, and operating commercial or entrepreneurial undertaking. Speculative or passive investments, such as owning undeveloped land or stocks, do not qualify.

    Ownership or Operational Control

    The applicant must own at least 50% of the enterprise or possess operational control through a managerial position or similar role. This ensures that the applicant is responsible for the day-to-day management of the business.

    Business Viability

    The enterprise must not be marginal. It should generate more than just enough income to provide for the investor and their family and ideally create job opportunities for U.S. workers.

    Intent to Depart

    The E-2 visa is a non-immigrant visa, so the applicant must demonstrate intent to depart the U.S. when the visa status expires. However, the visa can be renewed indefinitely as long as eligibility requirements are met.

    At-Risk Funds

    The investment must involve funds that are at risk of loss and irrevocably committed to the business. Evidence must show that the investor has taken steps to establish or purchase the business.

    Source of Funds

    The investment funds must come from a lawful source. Applicants must provide documentation showing the origin of the money used for the investment.

    Physical Presence

    The applicant must be physically present in the U.S. (or plan to enter the U.S.) to direct and develop the operations of the business. If applying from abroad, they must demonstrate readiness to begin operations.