The E-2 visa allows citizens of specified nations to work in the United States for a company in which they have invested. The US has signed accords with a number of countries, and the E-2 visa was created to allow business people from those countries to work in the US for a company in which they have invested.
The E-2 visa is a nonimmigrant visa, which means it is only valid for a certain time, whereas green cards are permanent. Furthermore, a green card through investment demands a minimum investment of $500,000, whereas an E-2 visa has no such requirement.
Financial Requirements To Qualify For An E-2 Visa
According to the proportionality test, a substantial investment is one that is large enough to secure the investor’s commitment to the enterprise’s success. This proportionality test measures the overall investment amount in the business to the cost of creating a successful enterprise of the type in a question or the amount of capital required to buy an existing business.
The proportion of the treaty applicant’s investment in the business is calculated using this comparison. That percentage must compare favorably on an inverted sliding scale, beginning with a significant proportion of investment for a lower-cost enterprise. As the cost of doing business rises, the proportion of investment declines at a progressive rate.
By calculating the percentage of the investment in relation to the cost of the business, the amount invested in the enterprise should be compared to the cost (value) of the business. If the two figures are equal, the investor has put 100 percent of his or her money into the company. This is a significant investment.
In the vast majority of cases, the percentages are much lower. The proportionality test should be thought of as an inverted sliding scale. A higher percentage of qualifying investment is necessary for a low-cost firm, whereas a high-cost business requires a lower percentage of qualifying investment.
Other Requirements Necessary
The applicant must be a citizen of a nation with whom the US has a relevant treaty. The applicant must be coming to work in the United States for a company that he or she owns or that is at least 50% owned by other nationals from the applicant’s home country.
Also, the applicant must be the owner of the U.S. company or a key employee (executive or supervisor, or someone with critical abilities). The applicant or company must have made a significant investment in the US market.
The American corporation must be actively engaged in commercial activities and comply with all legal requirements for doing business in its state or region. It also can’t only be a way to help the investment. The treaty investor visa’s primary purpose is to create jobs for Americans.
Although the applicant is not obliged to keep a foreign residence overseas, he or she must intend to leave the United States once his or her business in the United States is concluded. The applicant will almost certainly be required to present proof of future plans to depart the United States to the US consulate.
In any case, anyone interested in gaining an E-2 Visa will have to consult an immigration attorney for a full personal analysis of eligibility and help with the application process. The immigration lawyer will also need to have experience with business law. According to the immigration attorney Margo Chernysheva, making an investment before filling an application improves the chances of approval.
The Parameters And Limits Of An E-2 Visa
So long as the country in which the investor is a national has a treaty with the United States, the treaty investor and certain employees can operate legally in the United States for a U.S. business in which the investor has made a large monetary investment. The treaty investor or employee is limited to working for the company or self-owned business that acted as the E-2 visa sponsor while in the United States.
Initial visas can last up to five years, with unlimited extensions, depending on your place of origin. The length of the visa is determined by the visa “reciprocity” agreement between the US and the other country, as well as the company’s profitability. The validity periods of newer businesses are shorter.
