For investors, professionals, and business leaders interested in enterprising their path to working and living in the United States, have you heard of or considered the E-2 nonimmigrant visa?
Commonly known as the treaty investor visa, the E-2 visa is geared towards nationals from countries that maintain commerce and navigation treaties with the U.S.
The list of these countries is expansive, and generally includes commonwealth countries, and major trade partners including Canada, Mexico, the U.K., Japan and more. For a comprehensive list of these countries, please refer to the Department of State website.
The E-2 visa allows these investors to enter the U.S. to oversee their investment in a U.S. business, or work with a U.S. company they at least own 50% of, for generally a five-year period. So if you have your eyes on a rising startup, or already own half of a U.S. company, you could already be on your path to qualifying for an E-2 visa.
The E-2 treaty investor visa allows you to legally work in the United States for a U.S. company that is the subject of the investment, or oversee your investment in the U.S. company or startup. It also allows you to travel freely into and outside of the United States., and bring your spouse or unmarried children under the age of 21 to live and study in the United States. You spouse may additionally employment in the U.S. by applying for employment authorization.
While there is no minimum investment outlined by USCIS for these investments, you must be able to prove the initial funds you have contributed are substantial to the business or startup in the eyes of the U.S. government, and that they ensure the success of the enterprise you are associated with.
This means that your initial investment must ensure the successful operation of the enterprise, and significant in relation to the total cost of purchasing the company or startup, or starting a new one.
The investment must generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the United States. Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment in the eyes of the government (USCIS).
You must control of the funds, and your investment must be at risk in the commercial sense. Loans that are secured with the assets of the enterprise only are not considered to be at risk.
As previously mentioned, the E-2 treaty investor visa is usually granted for a five-year period, along with the option for two-year extensions as long as you maintain your qualifications for the E-2 visa.
Thinking of finally following through on that investment in a U.S. startup? Interested in pursuing a more hands-on approach to your investment in a U.S. company?
We’ve helped countless professionals take their expertise to the U.S. through the E-2 treaty investor track, while assisting several in pursuing more permanent solutions in the future.
If you think the E-2 visa might be right for you, DLG is only a couple clicks away. Email our team at firstname.lastname@example.org, or call our offices at +1 (310) 909-3934 to set up a consultation with our team to review your qualifications and eligibility.