E-2 Visa Eligible Businesses

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The E-2 visa is a special immigration status granted to foreign nationals who wish to invest in the United States under treaties of commerce and navigation between the U.S. and certain countries. However, eligibility for this visa depends not only on the size of the investment but also on the type of business and its contribution to the U.S. economy. So, which businesses qualify for the E-2 visa, and what should you consider during this process? In this article, we will cover the following points:

• General Characteristics of E-2 Visa Eligible Businesses
• Key Sectors for E-2 Visa Investments
• Importance of the Business Plan and the Application Process

If you have additional questions about this topic, feel free to leave a comment below, message me directly via LinkedIn, or contact me through the website of CK Law Firm, the immigration law firm I co-founded!

General Characteristics of E-2 Visa Eligible Businesses

Businesses eligible for the E-2 visa must meet specific criteria. The general characteristics of a qualifying business are:

1. Economic Contribution: The business must contribute directly or indirectly to the U.S. economy. This can include creating new jobs or supporting economic growth.
2. Non-Marginal Requirement: The investment must not merely provide the investor’s livelihood but also demonstrate a profitable business model.
3. Sufficient Investment Amount: The investment amount should be proportionate to the business’s size and the requirements of the sector. For example, a small café might require a modest budget, while technology startups may need significantly higher capital.
4. Operational Activity: The business must be active and operational. Passive investments, such as purchasing real estate alone, do not qualify for an E-2 visa.

Key Sectors for E-2 Visa Investments

Several sectors are popular among E-2 investors. Businesses in these industries tend to meet visa requirements and contribute significantly to the U.S. economy:

Restaurants and Food Services:

Restaurants, cafés, and other food-related businesses are popular choices among E-2 investors. Establishing a restaurant that caters to a demand for specific cuisines can lay a strong foundation for the visa application.

Retail Business:

Small-scale boutiques, grocery stores, and e-commerce platforms are suitable options due to their profitability and sustainability potential.

Technology and Software Startups:

Innovative technology startups are particularly advantageous for E-2 visas due to their high growth potential. A well-prepared business plan and sufficient capital are essential for this type of investment.

Service and Consultancy Firms:

Businesses offering consulting services, such as business management, education, or digital marketing, are also eligible for E-2 visa investments.

Hospitality and Tourism:

Hotels, motels, and other tourism-related businesses are commonly accepted for E-2 visas because of their job creation potential.

Importance of the Business Plan and the Application Process

The success of an E-2 visa application often depends on the strength of the business plan, in addition to the nature of the business. A detailed and convincing business plan is crucial for demonstrating the sustainability and profitability of the investment to immigration authorities.

Key Components of a Business Plan:

• The purpose and mission of the business
• Market analysis and industry research
• Business structure and organizational plan
• Projected revenues and expenses
• Employment opportunities created by the business

Another critical element is documenting the funding source. It is necessary to prove that the investment funds come from legal and personal resources.

Conclusion

The E-2 visa application process can be complex, requiring careful attention to detail. At CK Law Firm, our expert team ensures that investors navigate this process efficiently and successfully. From drafting business plans to compiling the necessary documentation, we provide professional support at every stage.

For professional assistance, detailed information, and consulting services, feel free to reach out to us via cklawfirm.org, info@cklawfirm.org, or LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.