If you plan on moving to the US to manage an entrepreneurial venture there, you may need to obtain legal permission to live and work in the country. The E-2 visa enables entrepreneurs to achieve this goal.
The E-2 visa allows entrepreneurs from certain countries to be admitted to the US for the purpose of directing and developing a US company in which they have invested a substantial amount of capital.
Although the US company can be a new startup venture, the E-2 visa is also valid for entrepreneurs who purchase a majority ownership of an existing profitable company in the United States.
Certain employees of the E-2 company are also eligible for the E-2 visa.
E-2 Visa Infographics
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E-2 VISA FAQs
E2 VISA ELIGIBILITY
As of January 2020, citizens of the following countries are eligible to apply for the E-2 Investor Visa: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, North Macedonia, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Romania, Senegal, Serbia, Singapore, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom.
Spouses and dependent children can also apply for a derivative E-2 visa. Unlike the nationality requirement for the primary E-2 visa, there is no nationality requirement for the spouse or child. The spouse will also be eligible to receive work authorization in the US.
Employers of entrepreneurial ventures may use the E-2 visa to send key employees to the US. However, employers may choose to instead use the L-1 visa to transfer their employee to the US office. Jordan Counsel can help you choose the visa option that best fits your situation.
Because the E-2 Investor Visa is in the non-immigrant category, E-2 visa holders are NOT on the path to obtaining permanent residence or a green card. If getting a green card is a priority, Jordan Counsel can work with you to choose other options (eg, EB-5 visa or L-1 visa).
E2 VISA PROCESS
- The time to PROCESS the E-2 visa application varies, but typically lasts one to six months.
- The E-2 visa authorizes TRAVEL to the US.
- The VALIDITY period of the E-2 visa varies based on the nationality of the visa applicant.
- Some visas allow multiple ENTRIES to the US.
- Upon each entry to the US, the E-2 visa holder usually receives permission to REMAIN in the US for 24 consecutive months.
- E-2 visas can be RENEWED an unlimited number of times.
- Is the business expected to generate just enough money for the applicant to live in the US?
- Is the invested capital part of a scheme to launder dirty money, or was the money legally obtained?
- Is that initial investment enough?
- What skills does the E-2 applicant have for successfully directing and developing the company?
Individual investors who are starting a new business in the US must submit a business plan with their E-2 visa application. Jordan Counsel can work with you to develop a business plan that is compliant with the E-2 visa application requirements.
Because each E-2 visa application should stand on its own merits, you should not rely on historical data. Nevertheless, in 2018 25% of E-2 applications were initially refused. However, initial refusals can be overcome after the applicant submits additional material (eg, supporting references for assumptions in the business plan). In 2018, when including the number of applications which were overcome, the adjusted success rate of E-2 applications was slightly higher than 90%.
INVESTING
There is no magic number for the threshold of “substantial amount” of money that must be invested in the business. For example, the “substantial amount” required for a startup with low overhead costs may be lower when compared to the “substantial amount” required for a startup with significantly higher overhead costs. Nevertheless, you can see our E-2 visa investment guideline below to get a rough idea of the level of investment you should expect to demonstrate in your E-2 visa application.
- Intellectual property
- Commercial good
- Office or manufacturing equipment
- Real estate purchases or leases
- Legal fees for business formation
- Operating cash
- Employ at least one American (or US green card holder)
- Include other American companies in its supply chain and/or distribution channel
- The E-2 visa allows entrepreneurs to develop a company, not just develop an idea. The visa application must therefore demonstrate that the business is more than just an idea.
- You can direct and develop a US business while living overseas and making frequent business trips to the US. But local management would be better. The E-2 visa allows entrepreneurs to live in the US to direct and develop their US business locally, instead of from overseas.
Guideline for your initial investment
Your E-2 visa application must demonstrate that you have already actively invested a substantial amount of money in your US company. There is no absolute or relative minimum amount required for your initial investment because every E-2 visa application is evaluated by reviewing the totality of the applicant’s circumstances. Nevertheless the following scale will give you a rough idea of the amount other successful E-2 visa applicants have invested in their businesses.
Total Startup Cost
YOUR INITIAL INVESTMENT
$100,000
100%
$200,000
90%
$300,000
85%
$400,000 to $500,000
75%
$600,000 to $3 million
50%
> $3 million
30%
OUR LAW FIRM'S E-2 VISA SERVICE
PROCEDURAL ADVICE AND COUNSEL
- Initial consultation with detailed advice and guidance on the overall E-2 visa application process
- Instructions on the documents you will need to support your E-2 visa application
- Availability throughout the entire visa application process to answer all of your questions
STARTUP COMPANY PLANNING
- Advice on structuring your new startup company so that it is compliant with E-2 visa requirements
- Identification of set-up costs that count as E-2 investment
- Instruction on demonstrating that your investment funds are from lawful sources
VISA APPLICATION
- Preparation of your E-2 visa application
- Updates to you on the progress of your case
- Follow-up responses to US government, if they ask for for additional documents or information
E-2 INTERVIEW PREPARATION
- Meeting to prepare you for the interview at the US consulate
- List of examples of questions typically asked during the interview
- Practice interview
CUSTOMIZED E-2 PACKAGES
OPTIONAL SERVICES
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E-2 Spouse/Dependent Application
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Business Plan
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Business Formation
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Franchise Purchase
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Shareholder Agreement
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eCommerce Terms of Use
E-2 VISA CONSULTATIONS
LEGAL ADVICE
During the E-2 VISA CONSULTATION you will be explained the requirements, processing time and governmental fees involved in E-2 visa applications.
You will also receive feedback on aspects of your case that may weaken or strengthen your E-2 visa application.
Schedule Your 60-Minute Consultation
If you currently reside in the European Union
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