The need for significant investments (e.g. $200,000 plus), which is extended every five years, permits foreigners to stay within the United States on an open-ended basis (without having a green Card) subject to restrictions on work imposed by the Visa. While there is no recruitment requirement, a complete absence of employees could indicate that the company is unprofitable. If the employee who is E-2 is an administrator (rather than an investor), the management of other employees could be an element of theirs.
This kind of Visa will be especially beneficial for foreign citizens who want to travel to in the United States for up to 122 days in a year (less than 183 days per year) and don’t require a Green Card (to stay out of U.S. income taxation on their income from anywhere in the world). E-2 Visa E-2 Visa is particularly suited to investors from overseas who wish to establish a second residence within the U.S.
Treaty Investor (E2 Visa)
Section 101(a)(15)(E) (E) of the U.S. Immigration and Nationality Act allows visa status to those from countries that are members of an appropriate agreement on commerce and navigation between themselves and the United States, or that is considered to be a country that is a treaty following U.S. law. The applicant must be coming to the United States to carry on significant trade or to establish and oversee the operation of an organization that the applicant has invested, or is currently engaged in, a significant sum of capital.
Treaty Visas for Investors and Traders are not immigrant categories. They don’t grant permanent residence in the U.S. and do not provide U.S. citizenship. However, they allow the applicant and eligible family members to reside within the U.S. for longer. To obtain permanent residency within the United States, there is an additional program based on investments.
To be able to qualify as Treaty Investor (E-2):
the investor (either an individual or corporation) must be a member country resident.
The investment has to be significant. It should be enough to ensure the success of the business. The proportion of investment in low-cost enterprises should be greater than the investment percentage in a high-cost business.
o The investment has to be a legitimate operating company. Speculative or idle investment does not qualify.
o The investment cannot be marginal. It should earn significantly more money than is needed to support the family and investors or be able to have a significant impact on the economy of the United States.
o The investor has to be in control of the funds, and the investment has to be at risk commercially. To determine an investment’s value, loans that an investment company’s funds secure cannot be counted.
The investor must be in the U.S. to help develop and lead the company. If the applicants aren’t the main investors, they must be employed as an executive, supervisors or the person with highly-specialized expertise.
What exactly is considered a large amount of capital? There isn’t a set quantity that can be considered “substantial.” A significant amount of capital refers to the amount that is sufficient to guarantee that the investor’s financial commitment is to the success of the company as assessed using the ratio test. The proportionality test compares the total amount of capital invested in the business against the costs of establishing an economically viable business of the type envisaged or the amount required to purchase an existing company.
The percentage is the result of the treaty’s applicant’s investments in the business. This percentage has to be compared favourably with the inverted scale that begins with a large investment for an enterprise with lower costs. The proportion of investment diminishes gradually as the expense of the business grows. A sum of capital put into an enterprise is only presumed to be significant when it matches or surpasses the percentage figures shown as examples (amounts given will be in U.S. dollars):
A 75% investment in an enterprise that costs no greater than $500,000 (if the value of the business is significantly less than $500,000, 85-90% and even 100% could be necessary).
50 per cent investment in an organization that costs more than $500,000 but not more than $3,000,000.
A 30 per cent investment in any venture that exceeds $3,000,000.
A multi-million-dollar investment by a major foreign corporation is usually considered important no matter the above instances. The investment should do more than provide the potential to support the investor’s family. A marginal business is an entity that can’t generate more than enough revenue to afford a good living for the owner, family members, and other foreign employees.
Are joint ventures permitted? Yes, as long as the individual or company applying for visas can “develop and manage” the company. They are in an enviable position because they control the company by owning 50 per cent of the business, having an operational control via marginal positions, any other corporate device, or any other method that shows that the applicant is in control of the business.
What is the maximum time that a Treaty Investor remains in the U.S.? The applicant must intend to leave the U.S. after commercial activities. However, holders of E-visas can remain in the U.S. if they maintain E-visa eligibility requirements.
“Essential employees” can be retained only for as long as their abilities are necessary to run the company and only so long as the business owner can prove that U.S. workers aren’t trained to perform the same tasks or that the business owner is taking reasonable efforts to educate U.S. workers to be replacements.
At the time of entry, immigration officials typically allow an entry period of one year within the U.S., and extensions are generally allowed for so long as the E-visa owner and their family members keep the status of an E-visa. The initial Visa granted to investors in a business that is already operating could be as long as five years, and a for a new U.S. business may be between 2 and 3 years. A new company might require creating a Business Plan with financial projections.
E-2 Visa Application Process
The E-2 visa application procedure may differ from one country to the next. Different formatting guidelines, fees and forms, and processing times ought to be anticipated. (For instance, Vancouver is currently testing the DS-160 form instead of the DS-156/156E forms. Istanbul claims to be able to review an E-2 within one week, while other Embassies and Consulates can take between 12 and 12 weeks. Some Embassies and Consulates require the hand delivery of the petition during an interview before the review, while others permit the petition to be sent before the appointment, etc.) Filing in the U.S. as a “change of status” is possible; however, if the person quits leaving the U.S., the alien must finish their Embassy or Consulate review of the application and get their visas processed before when they are permitted to come back to their home country of the U.S. on their E-2 status. If they’re from a nation with an extended review time, the foreign has to arrange to begin the review to ensure that it is completed before their return.
Are visas available to the applicant’s spouse and children? Yes. Children and spouses under 21 are eligible for derivative E-visas based on the qualifications of the principal applicant. It is not required to be a citizen of the applicant who is the principal. But, if the surnames of spouses or children (as appear on passports) differ from the surnames of the principal applicant, the marriage certificate, copies of birth certificates, or other documents of legality must be provided to prove the relationship. The spouses who are de facto and fiance(e)s are not eligible for the derivative status. Dependent E-visa holders can live and work within the United States. The United States.