The United States has entered into treaties with several countries, including UNITED KINGDOM, UKRAINE, SOUTH KOREA, JORDAN, CANADA, TURKEY, BANGLADESH, and PAKISTAN. Citizens of these countries may be allowed to direct and develop (manage) their investment or business in the United States, if they qualify.
Please note that E-2 is a temporary non-immigrant visa and should not be confused with EB-5 Immigrant Investor Visa.
The Benefits of E-2 visa:
The investor can work legally in the U.S. for a U.S. business in which a substantial cash investment has been made by the investor. Furthermore, a foreign investor can also sponsor his or her employees to manage and operate the E-2 investment in the United States, provided such employees have same nationality as the foreign investor and have been working with foreign investor as executive or manager;
However, the investor or E-2 Employee cannot work for any other business or entity except for the E-2 investment;
Initial visas may last for up to Five (5) years if obtained through the US Consulate. If E-2 status is obtained in the United States through the US Immigration Service, it will last up to Two (2) years; E-2 visa and E-2 status can be renewed;
E-2 Visa or status is also available for investor’s spouse and unmarried children under the age of Twenty-One (21).
The spouse of principal visa holder, but not children, may apply for a work permit once physically present in the U.S.
Applicant must have an intent of returning of country of citizenship after E-2 visa expires. Applicant must not have an immigrant intent.
There are five general requirements for getting an E-2 visa:
The applicant must be a citizen of a country that has signed a Treaty with the United States. Some of the countries that have signed a Treaty, include United Kingdom, Ukraine, South Korea, Jordan, Canada, Turkey, Bangladesh, or Pakistan;
The applicant must be coming to work in the U.S. for a company that he or she either owns or that is at a minimum 51% owned by either the Applicant or another individual with same nationality as the Applicant; If the Applicant is not the majority owner of the business, then the majority owner of the business must either be in the United States in E-2 status or must be eligible to receive an E-2 visa from a US Consulate or Embassy.
The applicant or the company must have made a substantial investment in the U.S. business (there’s no legal minimum but generally $130,000 is considered substantial). The applicant or company must be putting capital or assets at risk, be trying to make a profit of at least $10,000.00 per year;
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The U.S. company must be actively engaged in commercial activities and meet the applicable legal requirements for doing business in its state or region. Simply depositing $130,000 in a US bank will not satisfy E-2’s requirements. It also cannot be merely a means to support the investor. The underlying goal of the treaty investor visa is to create jobs for U.S. workers;
The applicant must intend to leave the U.S. when his or her business in the U.S. is completed, although the person is not required to maintain a foreign residence abroad. The applicant will likely be asked to show the U.S. consulate evidence of eventual plans to leave the United States.