What Are the Requirements and Rules for the E2 Investor Visa?

Asım Kılınç, Immigration Attorney, CK Law Firm

The E2 Investor Visa is one of the most popular options for foreign nationals who want to start a business or invest in the United States. This visa offers citizens of specific countries the opportunity to engage in commercial activities and establish a business in the U.S. With the E2 Investor Visa, it is possible to relocate to the U.S. and grow your business. However, there are certain E2 visa requirements and rules that must be followed during the application process. In this blog, we will cover the following topics:

1. What is the E2 Investor Visa?
2. Requirements for the U.S. E2 Investor Visa
3. Rules for the U.S. E2 Visa
4. How Much Investment is Needed for the E2 Visa?
5. Living in the U.S. with an E2 Visa
6. Is it Possible to Obtain a Green Card with an E2 Visa?

We provide detailed information on these topics. If you have any other questions or specific issues, you can always reach out to us via our website. You can also contact me directly on LinkedIn. Enjoy reading!

What is the E2 Investor Visa?

The U.S. E2 Investor Visa is a visa type that grants citizens of countries that have a trade and investment agreement with the U.S. the right to make a substantial investment and establish a business in the U.S. This visa is only available to applicants from designated countries, and there are specific conditions that must be met in order to apply.

Requirements for the U.S. E2 Investor Visa

To apply for the E2 visa, the following E2 visa conditions must be met:

• Nationality Requirement: The applicant must be a citizen of a country that has a trade agreement with the U.S.
• Investment Amount: The investment must be “substantial.” Typically, an investment between $100,000-$150,000 USD is recommended, although the amount can vary depending on the nature of the business.
• Active Business: The investment must involve an active commercial enterprise, not a passive income-generating activity. For example, opening a restaurant or store.
• Control Ownership: The applicant must have control over the business and own at least 50% of the company.
• Job Creation: The investment must contribute to the U.S. economy and have the potential to create jobs for U.S. citizens.
• Temporary Intent: While the applicant may plan to stay in the U.S. with an E2 visa, they must show the intention to return to their home country once the visa expires.

Rules for the U.S. E2 Visa

After obtaining the E2 investor visa, there are specific U.S. E2 investor visa rules that you must follow:

• Business Continuity: The business must remain operational, and the investment must be protected.
• Duration and Renewal: The E2 visa is typically valid for 2 to 5 years and can be renewed as long as the investment continues.
• Family Members: The spouse and children under 21 of the E2 visa holder can also live in the U.S. under the same visa, and spouses can apply for work authorization.
• Visa Purpose Compliance: The E2 visa only permits working at the invested business. Working for another employer is prohibited.

How Much Investment is Needed for the E2 Visa?

The required investment for the E2 visa application is not explicitly defined. However, the investment must be “substantial” and sufficient to sustain the business. Typically, an investment between $100,000 and $150,000 USD is advised. However, the amount can vary based on the type and size of the business.

• Small Businesses: For smaller businesses like a café or consulting firm, an investment of $100,000-$150,000 USD may be sufficient.
• Larger Businesses: For larger, capital-intensive businesses, the investment could exceed $300,000 USD.

The E2 visa investment amount must be large enough to ensure the business’s viability and contribute to the U.S. economy.

Living in the U.S. with an E2 Visa

The E2 Visa offers numerous opportunities for entrepreneurs to start a business and live in the U.S. The supportive business environment fosters innovation and offers access to global markets. The U.S. presents a particularly appealing destination for small and medium-sized enterprises (SMEs) due to its efficient market and global customer base. Additionally, living in the U.S. offers opportunities to experience cultural diversity and build a broad network in the business world.

Cost of living varies depending on the state and city chosen. Metropolises like New York and California have higher living costs, while states like Texas or Florida offer more affordable options. Entrepreneurs should be knowledgeable about tax regulations and business laws to manage their enterprises sustainably. Planning for essential needs like healthcare and education is also critical to enhancing the quality of life in the U.S.

Is it Possible to Obtain a Green Card with an E2 Visa?

Although this visa does not directly grant permanent residence, there are pathways to obtaining a Green Card:

• EB-5 Investor Program: By increasing your investment and investing at least $800,000 USD, you can apply for an EB-5 visa.
• Employer Sponsorship: After expanding your business to a certain level, you can apply for a Green Card through employer sponsorship.
• National Interest Waiver (NIW): If your economic contribution to the U.S. is significant, you may apply for a Green Card through the NIW program.

The U.S. E2 Investor Visa is an excellent opportunity for entrepreneurs who wish to start a business and engage in long-term commercial activities in the U.S. However, it is essential to adhere to the E2 investor visa requirements and rules during the application process, prepare all necessary documentation, and proceed with a sound strategy.

If you are looking to make a fresh start in the U.S. with the E2 visa and create opportunities as an investor, we have shared essential details about the process in this article. Successfully completing this process requires a proper strategy and professional preparation. CK Law Firm can guide you through this process. For more detailed information, you can contact us through our official website. If you have any questions, feel free to reach out to me directly via LinkedIn.