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E2 Investor Visa: A General Guide

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Quick Facts — E2 Investor Visa Lawyers

An E2 investor visa is one of the most powerful immigration options for investors or entrepreneurs looking to start a business in the United States of America. Since you will be contributing to the American economy, this visa is an essentiality. An E2 Investor visa gives you the right to not only work in the United States but also legally settle. An E2 Investor Visa can meet unlimited renewals as long as the E2 business continues to operate. However, the E2 Visa holder has to meet certain requirements for renewals. This will ensure smooth business operations as well as residing in the United States.

Qualifications for Attaining an E2 Investor Visa

To get an E2 Investor Visa, you must have the seven qualifications listed below:

  • Nationality: You must be a national of a country that holds a treaty of commerce with the United States. It must also be that of navigation or a bilateral investment treaty with the United States. Since many countries do not have the criteria, you must check the list of eligible countries.
  • Investment: You should invest substantially in a U.S. Business. The investment should be sufficient to ensure the business's success. The specific amount of money can vary depending on the type of business and its scale.
  • Active Management: Being an investor, you must play an active role in the management of U.S. businesses. This solely means that you must own at least 50% of the enterprise and contribute to major decisions. Furthermore, you must also take an active part in overseeing day-to-day business operations.
  • Business Type: Make sure you invest in a good enterprise, not a marginal one. The firm must generate good income for the investors for their living and dependents. Therefore, invest in a good and vast enterprise.
  • Source of Fund: As an E2 applicant, make sure you have valid and legal proof of the source of funds. Just as you must prove the business's legitimacy, you must also prove the source of the funds. This will avert any unwanted risks in the future.
  • Departure: You must depart from the United States once your E2 Investor Visa status ends. This is done through your submitting a statement symbolizing your departure.
  • For-Profit Business: Make sure your firm conducts entrepreneurial activity. This is because a business invested in an E2 Visa must be for-profit. Please note that passive investments like real estate do not qualify.

Thus, these are the above qualifications for attaining an E2 Investor Visa. You must properly note all the qualifications included. After this, you can be confident of a hassle-free and encouraging business operation in the U.S.

Documents Needed for an E2 Investor Visa

After attaining all the qualifications that are needed to file an E2 Visa, These are the documents that you must carry with you:

  • Form DS-160: Make sure you fill out and submit this form.
  • Nonimmigrant Treaty Trader / Investor Application: Add this as it's crucial for your visa.
  • A Photocopy of Your Passport: Provide a photocopy of your passport. Its validity must be at least six months beyond your stay in the U.S. Also, it must have one blank page.
  • Colored Passport-Style Photograph: You need to submit a photograph of your full face. The background must be light. Omit the head covering.
  • Your Curriculum Vitae: Add your curriculum vitae to your application.
  • Business Plan: Make sure you provide an elaborate business plan. Make sure you outline your future investment schemes, too.
  • Proof of Investment Capital: You must include documentation such as bank records. Financial statements, savings, loans, and others can be added, too. This will provide control of the investment funds.
  • Proof of Funds Transferred to the U.S.: In this, you must include transfer permits, receipts, or bank drafts.
  • Proof of Business Creation in the U.S.: Make sure you provide evidence of the business. This can be achieved through a partnership agreement. Articles of incorporation, organization charts, and receipts can also be included.
  • Proof of Investor's Citizenship: Include your passports and stock exchange listings. You can also add the articles of incorporation of the parent firm. This will confirm your citizenship.
  • Proof of U.S. Investment: Gather the help of titles, agreements, receipts, loans, or bank records. This will be a valid and documented proof of the U.S. Investment.
  • Proof of Genuine Business Operation: Annual reports and sales literature should be provided: catalogs, news articles, and other evidence to mark the business' genuineness.
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Countries Eligible for the E2 Investor Visa

Before applying for an E2 Investor Visa, make sure you review the countries listed below. This is important as only these countries have the right to trade with the United States.

  • United Kingdom: Residents of the United Kingdom hold the right to an E2 Visa as it contains an E2 treaty.
  • Australia: Australia allows its residents an E2 Visa, thus marking its citizens eligible.
  • Japan: Due to Japan maintaining a valid treaty with the United States. This country, too, is eligible.
  • Argentina: A resident of Argentina, too, reserves the right to apply for an E2 Investor Visa.
  • Ethiopia: Ethiopians, too, can enlist themselves to get an E2 Investor Visa.

Thus, these are the list of countries that are eligible for an E2 Investor Visa. Non-treaty countries include China, India, Nigeria, Russia, South Africa and Vietnam. However, there is no scope for dissatisfaction. This is because citizens of these countries can obtain their passports through citizenship. They can also obtain an E2 Investor Visa through marriage.

Cost of E2 Investor Visas

The cost of an E2 Investor Visa is dependent on many factors. Below listed are a few important ones:

  • Location of Application: The cost of an E2 Investor visa depends on your application location. However, in general, there is a $460 fee. This is taken to file Form I-129(Petition for Nonimmigrant Worker) with USCIS.
  • Request for Premium Processing: Premium processing is an optional service. The U.S. Citizenship and Immigration Services offer this. For premium processing, an additional fee of $2,500 is charged.

Key Terms for E2 Investor Visas

  • Reciprocity Principle: E2 Investor Visa eligibility is based on reciprocity. However, its requirements will vary from country to country.
  • Business Ownership Types: You can have both a new business startup and the purchase of new firms for an E2 Visa.
  • Minimum Investment Amount: You can put whatever investment amount you want. However, make sure that the amount invested is substantial.
  • Employee Qualifications: An employee must get an E2 Investor visa.
  • Maintaining Investment: The sum that is required for the investor to keep with the firm. You must keep it till the duration of your E2 Incentive Visa.
  • Entrepreneur Startups: If you belong to the list of entrepreneurs, you can use an E2 visa for a startup.

Final Thoughts on E2 Investor Visas

These are the characteristics you must make sure of while applying for an E2 Investor Visa. The above qualifications complete half of your work to get an E2 Investor Visa. An E2 Investor Visa is attractive for individuals wanting to pursue a business career in the States. Since the task is complex, collaborating with an experienced immigration attorney is a must. Therefore, follow all the requirements and pave the pathway to success by operating a firm in the U.S.

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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