E-2 Services

Flexibility and speed define the E-2 visa Firstly, the E-2 visa holder is welcome as ever in the U.S. and not subject to visa category-based entry restrictions. There is no required investment minimum; no cap on the duration of stay in the U.S.; no job creation requirement; and no foreign residence requirement. Qualifying investors must make a substantial investment proportional to the U.S. business, develop and direct the business, and have an intent to depart at the end of the E-2 stay. Of course, these requirements must be strictly observed. We help you do that.

Flexible U.S. Investment for Global Mobility

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E-2 Visas Issued in 2019

(2019 travel.state.gov study)

USCIS Requirements

Treaty Nationality

Investor must be a national from a country that has an E-2 treaty with the United States, such as: Grenada, Japan, Singapore, Taiwan, United Kingdom, etc.

China, India, Nigeria, and Vietnam do not have an E-2 treaty with the U.S. Nationals of these countries may still have an opportunity to obtain a U.S. E-2 visa through a Citizenship-By-Investment (CBI) program from an E-2 treaty country.

Substantial Investment

Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.

A substantial amount of capital is:

  1. Relationship to the total cost of either purchasing or establishing an enterprise
  2. Sufficient to ensure financial commitment to the successful operation of the enterprise
  3. The lower the cost of the enterprise, the hight, proportionately, the investment must be to be considered substantial.

 

Develop and Direct

Investor must be seeking to enter the U.S. solely to develop and direct the E-2 company.

Investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with eh objective of generating a profit. The capital must be subject to partial or total loss fi the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.

At Least 50% Ownership

Investor must own at least 50% of the E-2 company or have possession of operational control through a managerial position or other corporate device.

Real and Operating

E-2 company has no job requirement but must be “real and operating” – service or commodity.

A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiciton.

Not Marginal

 A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.

Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins. See 8 CFR 214.2(e)(15).

Global Network of Proven Immigration Professionals

Our network of international professionals can assist clients in acquiring a second passport with a treaty country. Countries like Grenada, Turkey, and Montenegro have both an E-2 treaty with the U.S. and competitive citizenship by investment (“CBI”) programs. Designed for investors seeking second citizenship, these programs offer attractive investment minimums, processing speed, and visa-free travel to numerous countries.

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