E-2 visa applicants can have a business in the United States instead of starting one from scratch.
The E-2 visa is an investor visa available to anyone from an E-2 treaty country who wishes to live in the United States and start their own business. This visa is not available to everyone, but only to foreign citizens who belong to countries that have a visa treaty with the United States.
India and China do not have this visa treaty, but countries like Canada, the United Kingdom, Japan and many European countries do. Indians can apply for this visa if they become citizens of any of these treaty countries, as eligibility depends on nationality and not country of birth. The E-2 visa is a nonimmigrant visa, and does not lead directly to a green card.
Who can apply?
- A citizen of a country that has a valid E-2 treaty with the United States.
- An entrepreneur has a large investment in a real business.
- The work cannot be “marginal”. This means that it must have the current or future ability to generate income significantly greater than what is required to provide a living for you and your family. Ideally it should create jobs for American workers.
- You must be coming to the United States to develop and direct the project
The law does not stipulate a specific minimum dollar amount, but the investment must be “substantial.”
In practice, this usually means at least $50,000 to $100,000, depending on the type of business. The capital must be sufficient to ensure the success of the business.
Many assume they have to start a business from scratch in the United States, but they can also have an existing business, which is actually easier, said immigration lawyer Adrian Pandev.“Many assume that you have to start a business in the United States from scratch to get an E-2 visa.
“But this is not true, and buying an existing American company could work better,” Pandev said.“The purchase price itself can meet significant investment requirements,” the lawyer added. “In addition, an existing business comes with revenues, employees and a proven track record, which answers the feasibility questions that consular officials always ask.”“Almost any legitimate business can qualify,” he suggested. “I’ve seen successful E-2 cases for everything from custom artwork, non-fungible tokens (NFTs) and airsoft domains to more traditional projects like restaurants, franchises, and professional services. If you’re considering an E-2 visa, don’t neglect getting a business that’s already up and running.”
