Ever think about packing up and starting that business you’ve been dreaming about in another country? Well listen up, because the E-2 treaty investor visa may be your ticket to entrepreneurial freedom beyond borders. In just 100 words, this article will give you the down low on what the E-2 is all about, who qualifies, where you can go, how to apply, and tips to increase your chances of getting approved. If wanderlust and startups are calling your name, you definitely want to keep reading to find out if an E-2 could help you turn that pipe dream into a reality overseas. This quick guide has all the info to get you started on an adventure of a lifetime as an expat entrepreneur.
The E-2 Treaty Investor Visa: An Overview
The E-2 treaty investor visa allows citizens of certain countries to travel to the U.S. to develop and direct a real operating commercial enterprise. As an E-2 visa holder, you’re permitted to reside in the U.S. for an initial stay of two years, which can be extended indefinitely in two-year increments.
Who Qualifies?
To qualify for an E-2 visa, you must be a citizen of a country that has a treaty of commerce and navigation, or a Bilateral Investment Treaty, with the U.S. Examples include citizens from the UK, Germany, Japan, South Korea, and Australia. You must also be coming to the U.S. to develop and direct an investment enterprise in which you have invested a substantial amount of capital. Generally, the investment amount must be sufficient to ensure the successful operation of the enterprise.
What Are the Requirements?
There are a few key requirements for obtaining an E-2 visa:
- You must invest in an active commercial enterprise. This could be starting a new business or purchasing an existing business. A passive investment like real estate does not qualify.
- You must have control and direction of the investment. This means you will be developing and directing the operations of the commercial enterprise.
- The investment must be substantial. While there’s no set minimum, it should be enough to ensure the success of the enterprise. Typically, $100,000 or more.
- You must have the intention to depart the U.S. once your E-2 status ends. The E-2 visa is a non-immigrant visa, so you must prove you have a residence in your home country that you do not intend to abandon.
- You must have the intention to depart the U.S. once your E-2 status ends. The E-2 visa is a non-immigrant visa, so you must prove you have a residence in your home country that you do not intend to abandon.
- Certain family members like spouses and unmarried children under 21 may be eligible for E-2 dependent visas to accompany the principal visa holder. Dependents may attend school in the U.S. but are not authorized to work.
The E-2 treaty investor visa provides an excellent opportunity to develop a business in the U.S. and reside there to oversee operations. With the proper investment and documentation, you can obtain residency for up to five years at a time and potentially indefinitely.
Qualifying for the E-2 Visa: Requirements and Process
To qualify for an E-2 visa, you must meet several requirements. First, you must be a national of a country that maintains a treaty of commerce and navigation with the U.S. This includes citizens of countries like the U.K., France, Germany, and Japan. If you have dual citizenship with a treaty country, you may be able to use that citizenship to apply for an E-2 visa.
Making a Substantial Investment
You must invest or be actively in the process of investing a “substantial amount of capital” in a real operating commercial enterprise in the U.S. A substantial investment typically means enough to support the likelihood of success of the business. The investment must be subject to loss if the business fails but you must also maintain control of the funds and be able to develop and direct the enterprise.
Developing and Directing the Enterprise
As an E-2 investor, you must be coming to the U.S. to develop and direct the commercial enterprise. This means that you will have a central role in the business, for example, as a director, manager, or executive. You must show that you control the funds and will be directing the investment. You do not need a specific title but must be responsible for key business decisions.
The Business Must Be Real and Operating
To qualify for an E-2 visa, your business must be real, active, and operating. It must be an actual enterprise, not just an idea or a plan. Speculative or idle investments do not qualify. The business can be new or already existing. If the business is new, you must demonstrate that you will be investing and establishing the commercial enterprise promptly after entering the U.S.
The E-2 application process involves submitting a petition to USCIS, having an interview at a U.S. embassy or consulate, and going through consular processing. The process typically takes several months so you should apply well in advance of your intended travel dates. With an approved E-2 visa, you can enter the U.S. to develop and direct your investment enterprise.
How to Use the E-2 Visa to Expand Your Business Internationally
The E-2 visa allows citizens of certain countries to enter the U.S. to direct and develop a business in which they have invested.### Finding an International Location
Decide where you want to expand. Do market research to find locations with demand for your products or services. Consider countries that have an E-2 treaty with the U.S., like Canada, Mexico or the UK. Visit potential sites and learn about costs of living and doing business
Making a Substantial Investment
To qualify for an E-2 visa, you must invest a “substantial amount” in the business. Typically, $50,000 or more for a small business. The investment must be subject to loss if the business fails. You’ll need records showing the source and path of the investment funds.
Directing and Developing the Business
As an E-2 investor, you must direct and develop the business. That means being actively involved in decision making and operations. You should have a business plan outlining your strategy to direct and develop business growth. Be prepared to show how you will supervise staff, market to customers, and make product or service improvements.
Applying for E-2 Visa Status
File Form DS-160 and submit it with your passport, photos and supporting documents like proof of citizenship, investment funds, and business ownership/development plans. Schedule an interview, where a consular officer will determine if you meet E-2 eligibility based on treaty, investment, ownership, and business development requirements. If approved, you’ll receive an E-2 visa to enter the U.S. for up to 5 years.
Expanding internationally through the E-2 visa offers exciting opportunities for business growth. Do your research, invest wisely, and be actively involved in business operations. With the right preparation, you’ll be on your way to entrepreneurial success beyond borders.
Conclusion
So there you have it! The E-2 visa offers exciting possibilities if you’ve got an entrepreneurial spirit and are willing to invest in a business abroad. With the potential for unlimited renewals, it can provide long-term options for living and working overseas. Just be sure to do your homework and consult experienced immigration attorneys to make the process as smooth as possible. The investment thresholds and requirements can vary by country, so double check you meet the criteria. But if you’ve got the funds and the drive to launch an enterprise in another land, the E-2 could be your ticket to an adventurous future as a global entrepreneur! With thorough preparation and persistence, your dreams of living abroad while growing a business can absolutely become reality.