U.S. Nonimmigrant Investor Visas (E-2 Visa)

The E-2 nonimmigrant investor visa is one of the most flexible business visas available that can be used by anyone from treaty countries who wish to invest in the United States by opening a business. Some of the benefits of this visa include:

• The E-2 visa can be used by individuals or multinational companies.
• For corporations, the E-2 visa is more flexible with regard to bringing in employees than the L-1B intra-company transfer visa.
• The investment can be minimal as long as the the investment is in an active, operating company, e.g., you cannot use E-2 visa for passive investments such as real estate investments.
• You can continue to renew your visa and remain in the United States for as long as your investment remains economically viable. There is no limit how long you can stay in the U.S. on an E-2 visa.
• The actual investor can operate the business, i.e., you do not need to hire U.S. workers to run your business.
• Unlike other nonimmigrant visa applicants, E-2 visa applicants are not required to maintain a foreign residence outside the U.S. that they have no intention of abandoning.

To qualify for an E-2 visa:

• The investor must be a citizen of a treaty country.
• The investment must be substantial, i.e., it must be sufficient to ensure the successful start up of the enterprise within  five years.
• The investment must be a “real operating enterprise”, i.e., speculative or passive investment does not qualify.
• The investment must not be marginal, i.e., the company must generate more income than is required to provide a living for the investor.
• The investment must be made using the investor’s personal funds or loans secured with the investor’s personal assets.
• The investor must be coming to the U.S. to direct or actually operate the company. If the applicant is not the principal investor, then the applicant must be employed as an “executive”, “managerial” or “essential skills” employee.

The spouse and unmarried minor children of any E-2 visa holder may be admitted as an E-2 dependent nonimmigrant. Such family members must make a separate filing with the USCIS or U.S. Embassy or Consulate to obtain E-2 status. A very significant benefit of E-2 visa process is that the spouse of an E-2 visa holder is authorized to work in the United States. Any E-2 family member may attend school.