Contents: Requirements | Details

What are E-2 Visa Requirements?

E2 visa requirement:

  • Be a citizen of a country that has signed a treaty with USA.
  • Requires investor’s investment be typically over US $150K with minimum 50% ownership.
  • Move to US to establish and manage the business.
  • Generate significant returns for investors and economy – employing US workers.
  • Funds must be “at risk”

E-2 Treaty Investor requirement Details

  • While there is no specific amount of investment requirement, the amount must be suitable for the nature of business the investor is starting. Some businesses, for example in the IT sector, may need $1,050,000 to start while a franchise business may only require $250,000. A wide variety of expenses related to starting up the business can be included in the investment amount.
  • The investment must be ‘at-risk’ i.e. there must be a possibility of gains or a loss and the money can’t be guaranteed. Must be a real operating business.
  • The investor should operate, direct and develop the business. E2 visa treaty investors with the required nationality must generally own and control at least fifty percent of the US business.
  • The business must be or become operational. In order to be ‘Directing and Developing’ their business, the E2 Treaty Investor should be involved in managing the business.
  • The E2 business should not be considered to be “on the side”. US workers should currently or in the future be employed. The treaties aim to be more than just a job creation platform for the principal investor, but there is no legal requirement as such to employ a particular number of US citizens or residents. It is possible to meet the requirements by employing only a small number of employees. Showing that you will employ a few employees in the coming years should be enough.
  • The investor should have a proper and thorough business plan. The plan should have goals and milestones about the business and its operations in the US including hiring of staff in the US.
  • Details of the skills, qualifications, and experience should be provided for any prospective employees of the E2 Treaty Investor, and if applicable for the investor themselves as well.
  • The principal investor, and any E2 visa staff, must be able and willing to leave the US upon termination of their E2 visa status, since the E2 is a non-immigrant visa category. However, the E2 Treaty investor visa can continue to be extended indefinitely upon meeting certain criteria.

What documents are required for an E-2 Visa?

These are the documents that you need to prepare and submit with your E2 Visa application.

  • Form DS-160.
  • Nonimmigrant Treaty Trader / Investor Application.
  • A photocopy of your passport valid for at least six months beyond the period of your stay in the U.S. and with at least one blank page.
  • Colored passport-style photograph against a light background showing full face with no head covering.
  • Your curriculum vitae.
  • A Business Plan describing the future investment scheme.
  • Proof that you will be hired in an executive or supervisory position, or have highly specialized skills necessary to the dynamic operation of the firm.
  • Proof of possession and control of investment capital (financial statements, bank records, savings, loans, or promissory notes).
  • Proof of remittance to the U.S. (transfers exchange permits or receipts, bank drafts).
  • Proof of creation of the business in the U.S. (partnership agreement, articles of incorporation, organization and staffing charts, contracts, titles, shares, licenses or leases, receipts).
  • Proof of the investor’s citizenship (passports, stock exchange listings, or articles of incorporation of the parent firm).
  • Proof of U.S. investment (titles, contracts, receipts, loans, or bank statements.).
  • Proof of actuality (financial statements, U.S. corporate or business tax returns, audits).
  • Proof that the enterprise is promising and will make a substantial contribution to the U.S. economy (IRS Form 941, payroll records, personal tax returns, evidence of other personal assets and income).
  • Proof that the business is a genuine, operating entity (annual reports, sales literature, catalogs, news articles, and other evidence applicable).