E2 Visa – TREATY INVESTOR
The E2 visa is for individuals or employees of companies in which the treaty investor has made a “substantial investment” in a business that is expected to generate more than a marginal return.
While “substantial investment” is not defined in the statute or regulations, common practice dictates that the investment must be at least $100,000. A portion of the investment may be by debt instrument, but in this case the investment amount should be proportionally larger.
It is not necessary to maintain an overseas parent company or any other affiliate or subsidiary in order to qualify for the E2.
E2 Visa Applicant Must Demonstrate that the Source of the Investment Funds is Legitimate
The E-2 applicant must also demonstrate that the source of the investment funds is legitimate, namely, they were not acquired through illicit activity. This element of the application requires a detailed showii of the source and path of funds in order to prove that the investment funds originated.
All E-2 visa applications need a strong business plan to show it exceeds the non-marginality requirement. The business plan should include financial projections and a hiring projection over five years.
Provided you are from a country with the requisite treaty an E-2 business may be a going concern that you purchase (usually by way of an asset purchase) or you can start your own new business from the ground up. The key is showing a substantial investment, a working business plan, sound hiring and financial projections.
The E2 visa is an excellent visa because there is no annual limit to the number of E-2 visas issued. Although the E-2 does NOT have an obvious and easy path to a green card, it can be renewed indefinitely as long as the business remains viable. A disadvantage is that it needs to be renewed every two years.
However, provided the business continues to operate and meets all E-2 requirements, renewals are normally granted without difficulty.
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