If you live outside of the United States and wish to enter the country in order to control an investment that you have made within the U.S., then you will need an E2 Visa. The main purpose of an E2 Visa is to allow people from other countries to own and operate a business in the U.S. This visa can be renewed for two year terms indefinitely. Only citizens of countries that have a treaty with the U.S. are eligible. Russia, Brazil, India and China are a few of the countries that are ineligible.
The principal party applying for an E2 Visa to come to the U.S. may be accompanied by their immediate family only. This can include spouses and unmarried children under the age of 21. Holders of E2 Visas are free to leave the U.S. at any time. At the conclusion of their business, they may return to their home country or they may adjust their status in the U.S and apply for U.S. citizenship if they meet the required qualifications.
To qualify for an E2 Visa, a substantial investment must be made. There is no set amount needed as it varies depending on the business. For a startup business, the investment must be large enough to not only startup the business, but also to operate the business. The United States Citizenship and Immigration Services are responsible for issuing E2 Visas.
They have laid out five requirements for obtaining this visa.
1. Commercial Investment
The investor must be investing capital in a commercial manner with the intent of creating a profit. This can be in the form of a new business or a pre- existing business. The investor must prove that they have the capital which would be needed.
2. Financially Adequate Funds
The investment must be a tangible investment that produces either goods or services for a profit. It must be able to generate enough income to provide for you and your family and to create a considerable financial impact on the company.
3. Sole-Ownership of Funds
The investor will be required to prove that they are in possession of the funds needed to invest and that they are the sole owner of the funds. The funds must be committed entirely to the venture. In the event that the venture fails, the funds can be completely or partially lost. The extent of funds needed will be determined by the total cost of the enterprise.
4. Proof of Origin of Funds
The investor will be required to show how he obtained the funds. It must be proven that funds have not been acquired by unlawful means. Some examples of proof are: pay records, bank statements, property records, loans, or mortgages.
5. 50% Ownership
It is mandatory for the applicant to demonstrate their capacity to create and command at least 50% of the ownership. This can be done though different positions in the organization such as a managerial position. Evidence that may be submitted includes: articles of incorporation, stock purchase agreements or certificates, partnership agreements, or franchise agreements.
It is very important to be sure that you can satisfy all of the requirements in obtaining an E2-Visa. Due to its complicated nature, enlisting the aid of an international business and immigration attorney to ensure that the proper forms and documentation are provided, is key to a successful application. This will help individuals to receive their E2-Visa as quickly and efficiently as possible.
DISCLAIMER: The information contained herein is not intended to be specific legal advice for your particular situation. It is meant to provide general information on the changing landscape of the law. You are encouraged to contact legal counsel for legal advice specific to your particular legal situation.