A visa entails being able to take your loved ones and live in the United States legally forever. This visa doesn’t need an employer. This business visa is not capped or in official terms, there are no quotas which you cannot imagine having this probability after many years. For additional support, you can help others get a green card by sponsoring them. Also, this visa category is not one of the categories where you have to invest millions into the American economy.
What is an E-2 visa?
The E-2 visa is a way for you to quickly and legally move to the United States and open your own business there, if you do not have relatives in America or if luck has already forgotten about applying for green cards.
The E-2 visa is a nonimmigrant visa that allows you to open or buy an existing business in the United States and obtain the right to reside there. For more information about E-2 Visa, check our blog post.
Which countries are eligible for the E-2 visa?
The E-2 visa is intended for citizens of countries that signed the Trade and Navigation Treaty with the United States. Among them:
- Azerbaijan
- Armenia
- Georgia
- Kazakhstan
- Kyrgyzstan
- Latvia
- Lithuania
- Moldova
- Ukraine
- Estonia
However, these are not all countries party to the Treaty. You can view the current list of countries that have signed the Trade and Maritime Treaty.
THIS IS IMPORTANT: if you have dual citizenship, and at least one of the countries of your citizenship has signed an agreement with the United States. You can apply for an E-2 visa. It can also be issued if your spouse has citizenship of a country party to the mentioned agreement.
Benefits of the E-2 Visa
- There is no minimum investment requirement: However, the investment amount must be significant to the value of the business you plan to operate in the US.
- Fast Visa Process: The E-2 visa process typically takes anywhere from a few weeks to a few months. It is possible to expedite the consideration of the petition in 2 weeks for an additional fee.
- Low denial rate: US Immigration rejects approximately 10% of applications, giving reasons for the denial. This allows investors to correct errors and resubmit their applications.
- Unlimited visa extension: The visa can be extended as many times as desired, provided the business continues to operate and generate income.
- The E-2 visa allows investors to work in any industry, including manufacturing, services, tourism, etc.
- Your spouse can come with you and get a work permit. Your children under 21 can also come and study in the States in American educational institutions as residents.
- If you wish and have grounds, you can switch from an E-2 non-immigrant visa to an EB-5 immigrant visa or any other visa that leads to a green card.
What is a substantial investment and is $50,000 enough to get an E-2 visa?
As noted, USCIS does not set a specific minimum investment amount for an E-2 visa but emphasizes that the investment must be substantial.
What does this mean?
If the value of the business is $1,000,000, then an investment of $50,000 will not be considered significant. However, if you are planning to open a business worth around $100,000, an amount of $51,000 or more will already be considered significant.
Let’s look at it with an example. You want to open a salon and for this, you need a total of $200,000. A significant investment in this case would be $101,000. An important nuance is that business equipment can be considered an investment. For example, buying a truck can be considered an investment.
Our practice and experience show the importance of investment. The higher the amount of initial investment, the higher the likelihood of approval.
We have had cases where our clients received approval with an investment of about $60,000. \ A good business plan and other support documents are important here. We always help our clients with this. If you need advice on immigration issues or help with legal support of a case. You can schedule your consultation with us.
Where to start obtaining an E-2 business visa in the USA?
Step 1. Decide on a business idea.
Whether you are opening a new company or buying an existing one, work through 3-5 options. Below are the types of businesses that are especially popular among immigrants:
- Franchises: This option is attractive because you get a “turnkey” business. In addition, most franchises already have developed business plans, and you can estimate how much money you will need and whether this option will be economically beneficial for you. Franchises can range from a kiosk in a shopping center to a bakery or even a restaurant.
- Consulting firms: The advantage of this type of business will be relatively low start-up costs because you will not need to invest in expensive equipment. It is enough to attract staff and provide them with computers and office equipment. For example, this could be a business related to software development, marketing agencies, web design, etc.
- Manufacturing business: If you have already had a similar business abroad, and you know the whole process from the inside, then there is a high probability of starting production in the USA. Yes, this type of business may require large expenses at the initial stage, but keep in mind that investments in equipment are also regarded as investments.
- Truck business: As with equipment, purchasing a truck can be seen as a significant investment.
- Provision of services: This could be a cleaning company, a beauty salon, etc. Again, assess your financial capabilities and management skills in advance.
Step 2. Calculate which of the selected options will help you obtain an E-2 visa. How to do it?
Take the questions listed below and put them in front of each of the options from 1 to 5 points. The more points an option has, the higher the likelihood of being approved.
- Can you prove that the funds you plan to invest are not your last money? Do you have enough finances to support yourself and your family?
- Do you plan to actively participate in the management and development of the enterprise, and not just make a one-time investment?
- If you are planning a partnership, will your share be more than 50%? In almost all cases, an E-2 visa investor must prove that he owns at least 50% of the business.
- Will you be able to create jobs for American citizens? There are no clear requirements for the number, but there should not be large excesses towards immigrants.
- Does your company comply with all US legal and regulatory requirements?
What else is important:
For a new business, financial forecasts for the next 5 years must be supported by a detailed business plan.
You need to clearly describe a step-by-step action plan and show that your business will grow year after year. There are no specific requirements for revenue, but all indicators must be digitized! Don’t forget to calculate force majeure. The enterprise must be a real and active commercial or entrepreneurial enterprise producing some service or product. Simply creating fiction on paper will not work.
A little parting word: Don’t just read, but also apply, and then you will see results! In theory, it may sound complicated to achieve, but in practice, it is a matter of time and your desire to work on your cases.
If you understand that you are not ready to spend hours/days/months studying information on your own, or the search for the best option has reached a dead end, or you need help assessing your chances of receiving approval for a specific visa, come for an individual consultation. Both consultation and case support can take place online. Regardless of whether you are in the USA or not, we arrange all processes of communication, exchange of documents, and overall cooperation in a mode that is comfortable for you.
If you are ready to begin your immigration to the USA, accompanied by a team of professionals who work for results and stand behind their reputation, sign up for a consultation. When concluding a contract for legal support for $1500 or more, the cost of consultation is included in the cost of the contract and becomes free for you.
Thank you for your attention!
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