Frequently Asked Questions About E-2 Treaty Investor Visa
1. Which nationalities may apply for the E-2 visa?
To qualify for the E-2 visa, you must be a national of a country that has an investor treaty with the U.S. (80 countries).
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2. Investment options
Investors can open a brand-new store or choose one of the available brands in the US to invest in the form of franchise co-operation. Franchise brands from different fields like dining, shopping, coffee, beauty, education, property, stock, etc. Investors will be transferred the whole formula, business secret, how to choose the location, setup, operate, …
3. Minimum investment
There is no minimum investment amount set by the US government regulations to get an E2 visa. The US immigration regulations state that the E2 investment must be substantial. To meet this requirement, we typically recommend that your investment should be $250,000 or more. The greater the amount of investment the higher the success and approval rate.
4. What ownership percentage is required for an E-2 visa?
An investor must own at least 50% of the E-2 entity and at least 50% ownership is sufficient for an E-2 visa.
5. I want to buy an E-2 business, what should I look for? How many employees are needed if I buy an E-2 business?
Many of our clients asked us to provide criteria for the ideal E-2 business to buy. While distressed businesses can work, they require extensive explanation and documentation to show that the business will be viable and will ultimately hire U.S. workers. When searching for a business, you should focus on businesses that have 2 or more employees (full-time equivalents) and tax returns that show that the business is well-positioned (earning money).
6. Do I have to hire U.S. workers right away to obtain an E-2 Visa?
No. You will ultimately have to hire U.S. workers but this is not required in year 1 or year 2 (or even year 3) but rather your ultimate plan has to be to hire U.S. workers over time and prior to your next renewal. Most start-up E-2 visas are approved based on the business plan and we rarely see plans that suggest hiring in year one.
7. Who is eligible to get E-2 visa in my family, if I applied?
The spouse and the children of the E2 investor may obtain E2 visas for dependent family members to reside in the US. These family members may apply at the same time as the E2 investor has been issued the E-2 visa. Children must be under 21 years old to qualify for the dependent E2 visa.
8. Can my dependents work on an E-2 visa?
Yes, your spouse may seek employment by applying for Employment Authorization. However, your children are not allowed to work in the U.S.
9. What are the main advantages of applying for an E-2 visa by investment?
10. How long does it take to obtain an E-2 visa? – About 3-4 months
11. How long is the E2 visa valid for?
E2 visas are valid for a period of five years and can be renewed with two-year extensions as long as you maintain the necessary qualifications. As it stands, there are no limits on the number of extensions you can take.
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12. Are my children going to be forced to leave the United States when they reach 21 years of age?
When your children reach the age of 21, they are no longer permitted to stay in the United States as your dependent. Your children would have to either leave the United States or apply for a visa in their own right. Contact us so our lawyers will assist you in this matter.
13. Are there any travel restrictions on E-2 investor visas?
No, there are no travel restrictions on the E-2 visa. You may travel as many number of times as required before the expiry of your E-2 status. The USCIS also does not impose any time limit on your stay abroad.
14. I have held an E2 Visa for many years, can I get a green card?
Some of our clients asked how to convert an E-2 visa into a green card. We recommend E-2 visa treaty investors to invest $900,000 into an EB-5 regional center project and be a passive investor there. The required 10 new jobs can be created indirectly this way by the regional center project. Our U.S. immigration specialist attorney will be able to guide each investor on a personal basis.