Eligibility for the E-2 Visa
Alien investors who meet the following requirements may qualify for an E-2 visa:
The investor’s home country maintains a treaty of commerce and navigation or bilateral investment with the United States;
The investor has made a “substantial investment” (typically $50,000.00 or more) in a U.S. business;
The business in which the investment was made is not less than 50 percent owned by citizens of the treaty country;
The investor intends to come to the United States to direct the operations of the enterprise in a capacity that is either executive, supervisory, or involves specialized skills;
The investor possesses means of support independent of the enterprise.
It may benefit applicants for an E-2 visa to demonstrate that their investments will result in the creation of jobs within the United States.
There is no fixed amount of investment necessary to qualify for an E-2 visa, although as a general rule of thumb a minimum investment of $50,000.00 is necessary. The investment must amount to not less than fifty percent ownership in an enterprise that generates active income (as opposed to “passive income”, such as that generated from rental property).
Ordinarily, the investment will be made by the E-2 applicant. There may, however, be circumstances in which an E-2 visa will be issued to an employee of a foreign company that qualifies as a treaty investor, provided the employee comes the United States in an executive or supervisory capacity to direct the enterprise or possess a specialized skill required by the enterprise.
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