Top Visas in the USA for Business and Financial Endeavors
The E-2 Investor Visa offers a unique opportunity for foreign entrepreneurs to live and work in the United States while owning and operating a business. This visa is a temporary work visa, unlike the permanent residence visa or "green card". To qualify, applicants must meet specific eligibility requirements and follow a series of steps throughout the application process.
### Eligibility Requirements for the E-2 Visa
1. Nationality: The investor must be a citizen of a country that maintains a qualifying treaty of commerce and navigation with the United States.
2. Investment: The investment must be substantial, generally understood as a significant amount relative to the total cost of purchasing or establishing the business. While there is no fixed minimum, investments commonly range between $300,000 to $500,000 or more. The investment must be in a real operating commercial enterprise—passive investments like stock market shares, real estate, or purely paper companies do not qualify. The funds must be at risk and irrevocably committed to the business, and the investment capital must be lawfully acquired with a transparent source of funds.
3. Business Ownership and Control: The investor must own at least 50% of the business or otherwise exercise operational control over it. The investor must be actively involved in developing and directing the business; this is not a visa for passive investors.
4. Intent to Depart: The applicant must demonstrate intent to leave the U.S. when the E-2 status ends, as it is a nonimmigrant visa.
5. Marginality: The business should not be marginal; it must generate enough income to support the investor and their family and have a positive economic impact, including job creation in the U.S.
### Steps for Obtaining the E-2 Visa
1. Engage a U.S. immigration lawyer for guidance and legal proceedings, including preparation and filing fees.
2. Establish or purchase a qualifying U.S. business, which can be a new start-up, an existing business, or a franchise with a pre-established model suitable for E-2 rules. Incorporate the business with the help of a corporate attorney.
3. Prepare a detailed business plan, often with professional assistance, demonstrating the viability and economic impact of the business.
4. Invest the required capital into the business, often placing funds in escrow until visa approval.
5. Complete and submit the E-2 visa application to the nearest U.S. embassy or consulate, including supporting documents proving eligibility, investment, business ownership, and intent.
6. Attend a visa interview at the U.S. embassy, where officials assess the application, business viability, and the investor’s role.
7. Undergo security clearances and background checks by U.S. authorities.
8. Submit the passport for visa stamping upon approval and then collect it with the E-2 visa included.
The entire process typically takes about 2 to 3 months, though timelines may vary depending on the case and embassy. It is essential to budget, plan timelines, consider tax planning, compliance requirements, and critical considerations such as banking and intellectual property for successful market entry.
For further information, the guide emphasizes the importance of understanding the E-1 visa, easier-to-obtain temporary U.S. visas related to business, employment, and investment, and the requirements for a green card holder to become a permanent U.S. resident. Additionally, factors that may weigh in favour when showing ties to the home country include long-term employment, lack of relatives or significant other in the U.S., advanced age, legal travel history, real estate ownership outside the U.S., and financial independence.
In the context of the E-2 Investor Visa, people looking to invest in a U.S. business need to consider the substantial nature of their investments, ensuring they are not passive investments such as stocks or real estate, but rather active investments in a real operating commercial enterprise. Also, while going through the process of obtaining the E-2 Visa, it's important to be aware of the tax planning, compliance requirements, and critical considerations such as banking and intellectual property for successful market entry.
