If you are a business investor from outside the U.S. looking to invest in a new or existing business within the U.S., then you may want to consider applying for an E-2 “Treaty Investor” Visa. As the name implies, this type of visa allows an individual whose country of nationality holds a valid treaty of trade with the US to reside lawfully in the US in order to manage and direct the investment enterprise (which can either involve the purchase of an existing business or the creation (start-up) of a new business).
In order to be eligible for an E-2 Visa, you must be a citizen of a country that is currently party to a treaty of commerce and navigation with the United States. There are numerous countries with which the US currently has treaties, and they can change from time to time, but they include various countries from all over the world such as the UK, Japan, France, Colombia, Turkey, and many more. A full list can be found on the US Department of State website.
Additionally, your business cannot be a “marginal enterprise,” which means that the enterprise would not generate enough income to support you and your immediate family, or it would not make a substantial economic influence. You must also have already invested in, or be in an open process of investing a significant amount of currency into a legitimate business in the United States. You must already be in possession of the capital, and there cannot be any indication that you obtained the funds through criminal or unlawful means. Finally, you must be able to show at least 50% ownership of the enterprise and that you are pursuing entry to the US solely to develop, direct, and shape that enterprise—usually in a managerial or executive capacity.
If you believe you have fully met (or can meet) all of these requirements, then you are ready to move onto the process of actually applying for a Treaty Investor Visa. During the application process, you will be asked to demonstrate that your business venture is legitimate. Be ready to provide a detailed business plan, financial statements like tax returns, quarterly wage reports, data charts, contracts, customer agreements, and other pertinent business records.
Once granted, an E-2 Treaty Investor Visa may be renewed indefinitely as long as the investment enterprise is conducting legitimate and ongoing business and is not marginal, and the E-2 Visa-holder demonstrates an intention to depart the US in the future. Immediate family members can also obtain E-2 nonimmigrant status as dependents. You will be allowed to bring your spouse and any unmarried children under the age of 21 with you on your venture, and your spouse will be allowed to apply for work authorization as well.
Obtaining and maintaining an E-2 visa is a complex process. Contact the attorneys at Saleh & Associates today and let us guide you every step of the way!
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