Requirements for Obtaining an E-2 Visa

By Asim Kilinc, Immigration Attorney at CK Law Firm

The E-2 visa presents a unique opportunity for entrepreneurs who wish to establish a business in the United States through investment. This visa type is available to citizens of countries that have trade agreements with the U.S., making it ideal for those who want to start a business or invest in an existing one in America. However, there are specific requirements that must be met to apply for this visa. In this article, I will discuss the necessary conditions for obtaining an E-2 visa. By the end of this article, you will find answers to the following questions:

• What is an E-2 Visa?
• Requirements for an E-2 Visa
• E-2 Visa Application Process

If you have any further questions about the E-2 Investor visa, please don’t hesitate to contact me through the comments section below, send me a message directly on LinkedIn, or reach out through the website of CK Law Firm, where I am a co-founder.

What is an E-2 Visa?

The E-2 visa is a temporary visa granted to citizens of countries that have trade agreements with the United States. This visa type is designed for entrepreneurs who wish to establish or invest in a business in the U.S. The E-2 visa allows the investor and their family to live and work in the United States. The visa duration can be renewed as long as the investment continues, offering entrepreneurs a long-term opportunity to stay in America.

Requirements for an E-2 Visa

Qualified Investor Status

The applicant must be a citizen of a country that has a trade agreement with the United States. This shows that the investment is based on the agreement with that country.

Substantial Capital Investment

The investment in the U.S. must be significant in size. The amount of capital required may vary depending on the type and size of the business, but it must be sufficient to make the business operational and sustainable. The key is that the investment must be actively operating and not just on paper.

Active Business and Management

The investor must actively manage the business they are investing in and participate in the day-to-day operations. The E-2 visa is not suitable for passive investors. The investor must maintain control of the business and manage its operations.

Real and Commercially Viable Investment

The investment must be made in a real business and be commercially viable. The investment is expected to contribute to the American economy, not just for profit. For example, speculative or real estate investments do not fall under this category.

Sustainability and Business Plan

The investment must be structured to support not only the investor but also the American workforce. The business must employ American citizens and Green Card holders. The business plan must detail how the investment will succeed, requiring a solid business plan and projections that demonstrate the long-term viability of the business.

Irrevocable Investment

The investment must not be a recoverable investment. In other words, the invested capital must be at risk depending on the success of the business. This demonstrates that the investment is serious and permanent.

Temporary Stay

The E-2 visa grants the investor the right to stay temporarily in the U.S., with the possibility of renewal as long as the business continues. However, the E-2 visa does not provide permanent residency status.

Family Members

The spouse and children under 21 of an E-2 visa holder are also allowed to live and work in the United States. Spouses can work in any job, and children can continue their education. This ensures the unity of the family.

E-2 Visa Application Process

Preparation of a Business Plan

Before applying for an E-2 visa, a detailed business plan must be prepared. This plan should explain how the investment will be made, how the business will be managed, and how sustainability will be ensured. The business plan is a crucial document to convince the U.S. government that the investment is serious and viable.

Preparation of Application Documents

The necessary documents for the visa application must be meticulously prepared. These documents include financial details of the investment, the business plan, evidence that the investor will play an active role in the U.S. business management, and other supporting documents.

Consular Interview

After the application, the investor must attend an interview at the U.S. Consulate. During this interview, the investor will be asked questions about the business plan and investment details. The investor is expected to prove their active role in managing the business and the sustainability of the investment.

Visa Approval and Entry to the U.S.

After the interview, if the E-2 visa is approved, the investor can enter the U.S. and start or take over their business. The visa duration can be renewed depending on the sustainability of the investment and business.

Conclusion

The E-2 visa offers significant opportunities for entrepreneurs who want to start or invest in a business in the United States. However, to successfully complete this process, detailed preparation, a meticulous business plan, and the active involvement of the investor in business management are essential. Given the complexity of the process and legal requirements, seeking support from an immigration attorney can be beneficial. Don’t hesitate to contact me through the CK Law Firm’s website, via email at info@cklawfirm.org, or directly on LinkedIn!

Who is Lawyer Asım Kılınç?

Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.

Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.