E-2 Visa
Question for E-2 visa: Could an E-2 Visa work for you? Ask yourself the following questions to see if you might qualify:
- Are you a national of a country where a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the United States? To see if your country of nationality qualifies, please visit the Department of State’s Treaty Countries webpage.
- Have you invested, or are you in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise?
- Can you show that you have control of the enterprise by owning 50 percent or more of the enterprise, or by showing that you have operational control through a managerial position or other corporate devices?
Requirement 1 – As a treaty investor, you must be coming to the United States to invest in a new or existing enterprise.
USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial.
Requirement 2 – Your investment must be in a bona fide enterprise and may not be marginal.
A bona fide enterprise is one that is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise cannot be an idle investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor who has no intent to direct the enterprise. A marginal enterprise is one that will not generate more than enough income to provide a minimal living for you and your family or to make a significant economic contribution.
Requirement 3 – You must be in possession of the funds you will invest and the funds must be committed to your business.
You must demonstrate that the capital you invest is irrevocably committed to the enterprise and subject to partial or total loss in the event that the entity fails. The funds you invest must also be your own. Additionally, the invested funds must be substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise you are considering.
Requirement 4 – You must be able to provide the source of your funding.
You must show a clear and legitimate path regarding the source of the capital you will be investing. You must also demonstrate that the funds you are investing have not been obtained through criminal means.
Requirement 5 – You must be coming to the United States to develop and direct the enterprise.
You must show that you will develop and direct the investment enterprise by demonstrating ownership of at least 50 percent of the enterprise, or by possessing operational control through a managerial position or other corporate devices.
Notes:
1) The spouses of E-2 nonimmigrants are authorized to engage in employment upon application to USCIS and receipt of an employment authorization document (EAD).
2) When submitting evidence to USCIS, it is important to fully and clearly explain how the submitted evidence establishes eligibility for petition approval. The more clearly the petitioner can articulate eligibility, the more efficiently and consistently USCIS can review and process the petition and determine eligibility for the benefit sought.
For a 10 minute free consultation, please call Law Office of Jack Park at 1-734-677-4200
Source: USCIS
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