E-1/E-2 Visa
Individuals/small business owners/entrepreneurs from certain countries that have a treaty of commerce with the U.S. can come to the U.S. to own and/or work for a U.S. company that is 50% or more owned by a national of a treaty country.
The E-1 visa is for foreigners engaged in trade.
The E-2 visa is for foreign investors and entrepreneurs.
E-1 Visa Requirements:
Current and significant international trade in goods and/or services
Greater than 50% of the total volume of international trade must be between the U.S. and the treaty country
*Not as commonly used as E-2 because it requires extremely specific trade requirements that can be difficult to satisfy.
E-2 Visa Requirements:
The investment of capital in a new or existing business in the U.S.
The investment should have the capacity to make a substantial economic contribution to the U.S.
The investment should be one that is “irrevocably committed” to the enterprise (e.g., you purchased the business, tools, supplies, equipment or the funds are held in an escrow account).
Am I eligible for an E-2 Visa?
You are from a qualifying country. Check Bureau of Consular Affairs.
You are an investor and have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.
The investment funds must be personal assets that are at risk and irrevocably committed
Evidence/show that you have control and possession of the funds and show how the investment funds were obtained
Are seeking to enter the U.S. primarily to develop and direct the investment enterprise (evidencing at least 50% ownership of the enterprise or possession of control through a managerial position)
What qualifies as a substantial amount of capital?
Significant in relationship to the total cost of purchasing an established enterprise or creating a new one
Adequate enough to ensure the treaty investor’s financial commitment to the effective operation of the enterprise
Of a size to support the likelihood that the treaty investor will successfully develop and direct the enterprise. If the enterprise is a low or lower cost, you will need to invest a higher percentage of money.
What are the advantages of E-2 Visas?
The applicant can self-petition
The spouse of an E-2 visa holder can apply for authorization to work
Applicants are not required to have a higher education degree (e.g., bachelor’s degree) but should be able to demonstrate that they can run a successful business
No USCIS pre-approval necessary—the applicant can directly apply at a U.S. Consulate in their home country
E-2 Visas can be indefinitely renewed as long as the business is making a profit and is contributing to the creation and sustenance of U.S. jobs
