The E-2 Investor Visa is a nonimmigrant Visa is used where a foreign entrepreneur wishes to operate his or her own business in the United States.  This can be accomplished in two ways:  1) to start a brand-new business, or 2) to purchase an existing business (certain restrictions apply; check with your immigration attorney prior to establishing or purchasing an existing business).

The amount of the investment is determined by the type of business, and while there is no “minimum” set amount, the investment must be “substantial” and not “marginal” in nature; the immigration adjudicator must be convinced that your investment is sufficient to operate the proposed venture.

One of the key elements to a successful E-2 application, is to prove that the investor’s function is to “develop and direct” the business in the United States. If there are language barriers, it will be necessary to hire a manager who will conduct the day-to-day operations.

E-2 program advantages

• No minimum amount of investment, depending on the type of business;
• Allows for regular Visa renewals (no maximum time cap) approximately every two years, for the Investor, Spouse, and unmarried children under the age of 21, so long as the Investor continues to “develop and direct” the intended E-2 business in the USA;
• E-2 Visa can be processed rather quickly: approximately 4-6 months (from the time of filing);
• Investor invests in his or her own business;
• Investor must continually “develop and direct” the business he/she is investing in, while the spouse may pursue any other work activity;
• Investor, Spouse, and children (unmarried, under 21) are entitled to a U.S. Social Security Numbers, and can work, study, and enjoy the benefits from living in the United States;