E-2 Investor Visa: Requirements, Duration, and What You Need to Know
Not all immigrants want to live in the United States forever. Some have money that they want to invest in American businesses.
If you are considering being an investor, consider Texas. Texas has one of the largest economies in the world. You can enter the United States for the purpose of investing in a business or enterprise with an E-2 investor visa. Under this visa, a treaty investor may only work in the activity for which they were approved at the time the classification was granted.
This visa is a non-immigrant visa category available to citizens of certain countries who wish to invest a substantial amount of capital in a business in the United States. This visa offers an initial stay of up to two years, which can be followed by an indefinite number of two-year extensions. However, all E-2 nonimmigrants must leave the United States when their status expires or is terminated.
The Process
A request for E-2 classification is typically made on Form I-129, Petition for a Nonimmigrant Worker. However, Form I-129 should not be filed if you are physically outside the United States. Those currently outside the United States should apply for an E-2 nonimmigrant visa through the U.S. embassy or consulate in their home country. Treaty investors can also petition on behalf of their employees. Investors and their employees can both be accompanied or followed by their spouses and unmarried children under 21 years old. In addition, spouses can often get permission to work in the United States while staying here.
Criteria
To qualify for E-2 classification, the investor must do the following:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation (most countries qualify under this criterion).
- Be in the process of investing a substantial amount of capital in a bona fide enterprise in the United States
- Be seeking to enter the United States solely to direct the investment enterprise. This is typically established by showing at least 50% ownership of the corporation.
A bona fide enterprise refers to a real, active, and operating business that produces goods or services for profit. It must meet applicable legal requirements for doing business within its jurisdiction.
There is no set amount of money that is defined as a “substantial amount.” While there is no fixed minimum amount, the investment must be sufficient to ensure the successful operation of the enterprise. It should be substantial relative to the total cost of either purchasing an existing enterprise or establishing a new one.
Contact Us Today
If you have money to invest in an American business, you can get a visa to come here to the States for a limited period.
The Houston immigration lawyers at BBA Immigration can help you immigrate to the United States to invest in a Texas business. We are here to advise you and guide you through every aspect of the E-2 visa process. Schedule a consultation today by filling out the online form or calling (281) 503-1455.
