Are you looking for a Phoenix E2 Visa lawyer to help you with the process of acquiring a visa?

E2 investor visas are for people who are coming to the United States to invest in a new or existing enterprise. There are several key requirements that one must fulfill in order to be approved for an E2 investor visa. There are also other details that may be helpful for one to know before completing the necessary legal forms needed to obtain E2 visa status. Here we will share some tips to assist you in obtaining your E2 visa.

1. Substantial and “At Risk” Investment an E2 Visa

The E2 investor must prove that the capital he or she has invested in the business is both substantial and irrevocable.

The substantiality of the investment is based on the following:

  • The amount invested weighted against the total cost of purchasing or creating the enterprise;
  • The amount normally considered sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise;
  • The magnitude of the investment to support the likelihood that the investor will successfully develop and direct the enterprise.

As a general rule of thumb, the lower the cost of the enterprise, the higher, proportionally, the investment must be to be considered substantial. Generally, if the total investment if less than $100,000, the E2 investor should provide 100% of the investment.

The investment must be “at risk” or irrevocable.

The capital must be subjected to partial or total loss if the investment is not successful. Several types of documents can be used to prove that the investor’s investment is at risk, including:

  • Cancelled checks or money orders
  • Business bill of sale
  • Escrow documents
  • Itemized list of goods and materials purchased for start-up of the business

2. Marginal Nature

The business cannot be of a marginal nature, meaning that the business investment cannot be one that provides for potential increase in value by idle means, such as the purchase of land to hold for future value increase.

Furthermore, the business enterprise of an E2 visa holder must generate enough income to provide a living for the holder and his or her family and to provide for economic contribution to the United States.

3. Employees of Treaty Investors

Under certain circumstances, E2 treaty investors may be accompanied by foreign employees of the business they wish to run.

The following are general requirements for foreign employees of a treaty investor:

  • The employee must be of the same nationality as the treaty investor.
  • The employee must be employed in either an executive or supervisory capacity, or must possess skills that are highly specialized and essential to the operations of the commercial enterprise.
  • Ordinary skilled or unskilled workers do not qualify. Likewise, knowledge of a foreign language, culture, or previous employment do not by themselves meet the special qualifications requirement.

4. Family Members of Treaty Investors and Employees

Family members of principal treaty investors and accompanying employees may be eligible for E2 visa status under certain conditions.

Conditions for family member and employee E2 Visas:

  • Family members must be spouses or dependent children – under 21 years of age – of the treaty investor or employee.
  • Nationality of the family member is irrelevant.
  • The term of the family member visa is the same as of the treaty investor or employee.

There are several requirements that must be met in order to qualify for an E2 investor visa. An experienced immigration attorney can assist you through the process by ensuring the supporting documentation is complete and submitted properly.