The E-2 treaty investor visa is available to an individual who is investing a “substantial” amount of capital in a U.S. business. You may qualify by starting a new enterprise or by investing in an existing business. To qualify for an E-2 visa, an individual must:
Whether or not the capital invested is “substantial” is subjective. The amount of the investment is weighed against the total cost of purchasing an established business or establishing a new one, the likelihood of the investor’s financial commitment to the business, and the likelihood of success of the business.
Not only does the investment have to be “substantial,” It is also crucial to demonstrate that the investment capital is “at risk,” meaning that it is subject to partial or total loss if the business fails. Simply holding funds in a business bank account is therefore not sufficient to meet the “at-risk” requirement. The source of the funds must be documented as well to demonstrate that they did not arise from criminal activity.
The enterprise must also not be marginal, meaning it must have the capacity to generate more than enough income to provide a minimal living for the investor and family.
The E-2 visa is granted for two years initially and can be extended in two-year increments. There is no limit on number of E-2 extensions.
We welcome you to contact the Brian M. Wang | Whiteman Osterman & Hanna LLP to schedule a consultation about how we may be of service in your immigration matter. Based in the Albany, NY Capital District area, we assist clients throughout New York, in all 50 states, and worldwide with United States immigration law.