Have you heard of the E-2 investor visa, but you’re still not sure if it’s right for you? This guide details everything you need to know about applying, renewing, and the opportunities offered by the e-2 visa, including the ability to work for spouses and preparing for the consular interview.
1. What is an E-2 visa?
The E-2 visa allows citizens of countries with specific trade treaties with the U.S. to invest in a business in the United States and reside there to manage it. This visa is renewable indefinitely as long as the business remains viable and meets the criteria for substantial and active investment.
2. Does the E-2 visa provide permanent residency?
Although the E-2 visa is a nonimmigrant visa, some holders can adjust their status to permanent resident under certain circumstances, such as marriage to a U.S. citizen or through the EB-5 visa, as long as they can make an additional investment that meets the requirements of that category.
3. Who can apply for an E-2 visa?
Citizens of countries with a trade agreement with the U.S. are eligible. This excludes large countries such as Brazil, China and India. However, citizens of these countries who hold dual nationality with an E-2 treaty country may apply. It is crucial to check the full list of E-2 treaty countries on the Department of State website.
4. How to apply if my country does not have a trade agreement with the U.S.? USA?
For citizens of countries without a trade treaty with the United States, such as Brazil, China, and India, a viable option is to obtain citizenship in a second country that does have an E-2 treaty with the United States. Some of the countries that offer citizenship-by-investment programs that could facilitate this process include Grenada and Turkey. These alternatives require significant investment and careful consideration of the legal and tax implications. It is advisable to consult with specialized legal and financial advisors before proceeding.
5. Do I need to have business experience to qualify?
It is not a mandatory requirement, but it helps. A crucial aspect is to present a detailed and realistic business plan that demonstrates the viability and potential of the business to generate more employment.
6. What happens during the E-2 visa interview?
During the interview at the consulate, both the details of the business and the applicant’s intention to comply with visa regulations will be evaluated. Honesty and proper preparation are essential. It is advisable to practice the answers and familiarize yourself with all aspects of the business and the application.
7. What if my E-2 visa application is denied?
If an application is denied, it is vital to review the specific reasons for the denial and seek legal advice for a possible reapplication.
8. Can I employ my spouse in our business?
The spouse of an E-2 visa holder can apply for an independent work permit. This authorization allows you to work at any company within the United States.
9. What is the minimum investment requirement for the E-2 visa?
The amount of investment is not set by law, but it is generally suggested that it be sufficient to ensure the successful operation of the business, recommending an investment of at least $120,000 – $150,000. In addition, the business is expected to not only be viable, but also grow and eventually hire American workers.
10. What are the requirements to renew the E-2 visa?
To renew the E-2 investor visa, the business must remain active and demonstrate that it can generate enough income to support the investor and their family. In addition, the business is expected to grow and contribute economically in the country. The renewal process also examines the continuity of compliance with all E-2 visa requirements. Additional information about renewal can be found on the USCIS website.
If you are considering investing in the United States or looking for new business opportunities through the E-2 visa, at Interlink FBC we are ready to guide you through every step of the process.
Our team of franchise and investor visa experts will provide you with the necessary advice to ensure that your investment and E-2 visa application are successful. Contact us.
