The E-2 Visa, otherwise known as the Investor Visa, is a non-immigrant visa that allows entrepreneurs and business owners to enter and work in the United States based on an investment in a business that they will be actively managing and controlling while residing in the US.  as long as they want.

The first step for any potential E-2 investor considering the E-2 investment visa is determining whether you are eligible to apply for it. 

To apply for an E-2 visa, you must be a national of a Treaty Country with a valid passport of this country.

No, so long as you qualify as a national of an E2 Visa Treaty Country, your wife or husband and children do not have to be from a Treaty Country.

In evaluating E-2 applications, consular officers must determine E2 Visa Requirements whether the:

1) Requisite treaty exists;

2) Individual and/or business possess the nationality of the treaty country;

3) Applicant has invested or is actively in the process of investing;

4) Enterprise is a real and operating commercial enterprise;

5) Applicant’s investment is substantial;

6) Investment is more than a marginal one solely for earning a living;

7) Applicant is in a position to “develop and direct” the enterprise;

8) Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the United States; and

9) Applicant intends to depart the United States when the E-2 status terminates.

The E2 Investor Visa is for from three months to five years, depending on your country of nationality, and can be extended indefinitely. 

Yes, your husband or wife can obtain a work permit, also known as the EAD, which takes 90 to 120days after you get your visa.

NO.

But Your spouse easily can get U.S work authorisation and work anywhere.

All kids under the age of 21 years old will be allowed to come with you to the US on an E-2 and study.

There is no minimum value according to USCIS rules, regardless of what you read on the internet. 

The investment has to be substantial for the type of business you choose to invest in. 

However, our company has chosen to place a minimum for what we will handle at $60,000.

The Applicant must prove that they are in possession and control of the funds (the money is theirs) and that they received the money by legitimate means. The funds can be from savings, inheritance, gifts, and loans. So yes, a loan can qualify for investment funds so long as the new business’ assets do not secure the loan. All funds must have originated from a legitimate source, which means the US Government will want to know where your money in savings came from (how did you get it) and even if a gift the how the person giving you the money received the money must be proven.

Thus, the answer to the question Can I use a Loan for my investment is yes so long as it is not secured with the business’ assets.

There is a great deal of documentation required here to “trace” the source of the funds from beginning to end (the end being the business’ bank account). Some examples of documents would include; Bank Statements, Loan documents, Pay Statements from a prior job, Wire Transfer Receipts, and more.

Any expense both current and past that is directly related to the operations or startup of the business can qualify as your E2 investment.

For example:

– trips to the US for the purpose of business acquisition or site review 

– office expenses

– legal fees

– business consulting fees

– cars if required for the business

– company setup

– marketing expenses

– phones, laptops

– leases

– inventory

– equipment

– patents and IP

– software licenses

– required business or personal licenses

The E2 visa investment money must be ‘committed and at risk’ for it to qualify as an investment prior to applying for the visa.

This means that you have to spend the money on business expenses, not just have it sitting in your bank.

You are allowed to maintain some cash as working capital. 

Our company likes to keep the Client’s cash in the bank – working capital – at or below 10% of the total investment.

NO, you still own all the assets of your business. 

The only difference is that you cannot stay in the U.S, you much manage your business from abroad.

In almost all cases, the answer is NO. However, if the home is an integral part of the business, then you can.

So for example, a working farm where the home is part of the overall business would count.

Or if your business is remodelling of the houses.

The list is almost unlimited. However, businesses that earn passive income only such as real estate investment is prohibited. It has to be a business that you actively run.

Yes, up to 50% of the business.

Yes, after you get your visa, if there is a true business need, they would qualify for an ‘Essential Employee Visa’.