E-2 Treaty Investor Visas
The E-2 Treaty Investor Visa is a great non-immigrant visa option for entrepreneurs and investors. In order to be eligible, you must, at a minimum:
Be a national of a country with which the United States maintains a treaty of commerce and navigation;
Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
More Information
Treaty Country
You can check the list of treaty countries at the State Department’s website.
A Substantial Amount of Capital
What constitutes a substantial amount of Capital is a subjective determination. However, a unofficial rule of thumb is that the investment should at least be $100,000.00. (That being said, less may be acceptable in certain circumstances).
More importantly, the money must be substantial in terms of the overall investment required to run the business. This is determined by the following:
Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
To that end, a $100,000.00 investment in a business that requires $100,000.00 to be successful may be deemed substantial, while a $1M dollar investment in a $10M dollar company may also be deemed substantial.
If you are interested in starting a business in the U.S. and in the E-2 Visa, schedule a consultation with us to learn more.
“Aayah was an absolute pleasure to work with. Her calm empathetic demeanor helped assuage my concerns [and addressed them with a curated approach]. She has extensive knowledge of the E-2 process and I routinely felt that she went above and beyond to advocate for my case. I am extremely grateful for her service and would unreservedly recommend her to anyone and everyone.”