Required Investment Amount for E2 Visa

By Asim Kilinc, Immigration Attorney at CK Law Firm

The E2 visa offers a unique opportunity for entrepreneurs who want to establish a business in the United States through investment. This type of visa is available to citizens of countries that have a trade agreement with the U.S. and is ideal for those who wish to start a business or invest in an existing one. However, there are specific requirements to apply for this visa, with the “required investment amount” being one of the most critical factors. In this article, I will address the most frequently asked questions about the required investment amount for an E2 visa. By reading this article, you will find answers to the following questions:

• What is an E2 Visa?
• How Much Should the Required Investment Amount Be for an E2 Visa?
• What Does It Mean for the Investment to Be “Substantial”?
• What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?
• The Condition that the Investment Must Be Irrevocable
• E2 Visa and Business Plan
• Other Considerations for Obtaining an E2 Visa

If you have any additional questions about the E2 Investor visa type, please do not hesitate to contact me through the comment section below this article, send me a direct message via LinkedIn, or reach out through the website of CK Law Firm, where I am a founding partner.

What is an E2 Visa?

The E2 visa is a temporary visa granted to citizens of countries that have a trade agreement with the United States. This visa type is designed for entrepreneurs who wish to start a business or invest in an existing business in the U.S. The E2 visa allows the investor and their family to live and work in the United States. The visa can be renewed as long as the investment continues, providing entrepreneurs with a long-term opportunity to stay in the U.S.

How Much Should the Required Investment Amount Be for an E2 Visa?

The investment amount for an E2 visa is not defined by a specific minimum threshold. Instead, the investment must be “substantial.” This means that the investment must be significant enough based on the type and size of the business being applied for. However, generally speaking, an investment amount between $100,000 and $200,000 USD is often considered sufficient. For smaller-scale businesses, these amounts may be lower, while larger-scale investments may require more substantial funds.

What Does It Mean for the Investment to Be “Substantial”?

The concept of a “substantial investment” means that the investor must put their capital at risk and that this investment must be sufficient for the business to succeed. While the United States Citizenship and Immigration Services (USCIS) does not set a specific lower limit, they require that the investment be at a level that supports the business’s sustainability and growth. For example, $50,000 might be sufficient to open a small restaurant, while a major investment in the technology sector could require several million dollars.

What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?

The investment made for an E2 visa must come from a lawful source, and this source must be documented appropriately. The way the investor obtained their capital and whether this capital is legally obtained will be scrutinized carefully. Bank statements, real estate sales documents, inheritance documents, or other legally earned income sources can be used to document the source of the investment.

The investment must be directed towards an active business operating in the U.S. This means that the capital must be invested directly into the business, and the investor must assume the risk over this capital. Expenses such as business costs, equipment purchases, and employee salaries are considered active investments. However, holding the investment in a bank account would not be considered a valid investment for an E2 visa.

The Condition that the Investment Must Be Irrevocable

An investor applying for an E2 visa must ensure that their investment is irrevocable. This means that the investment is genuinely used in the business and that the investor has assumed the risk over this capital. If the investment fails, the investor may not be able to recover this money. Therefore, it is crucial to plan the investment carefully and thoroughly research the area where the investment will be made.

E2 Visa and Business Plan

A detailed business plan is a critical part of the E2 visa application. This business plan must explain how the investment will be used, how the business will generate profit, and how the investor will manage the business. The business plan must also demonstrate the growth potential of the business and prove that the investor will play an active role in the business. The USCIS carefully reviews the business plan to assess the likelihood of success for the investment and the business.

Other Considerations for Obtaining an E2 Visa

• Citizenship: To apply for an E2 visa, the applicant must be a citizen of a country that has a trade agreement with the United States.
  
• Investor Role: The investor must play an active role in the business, which should be decisive in the management and decision-making processes of the business.
  
• Employment Creation: The business must create jobs in the U.S. and support the livelihoods of others besides the investor and their family. A business that only serves the investor and their family may not be considered eligible for an E2 visa.

Conclusion

The E2 visa offers a unique opportunity for entrepreneurs who want to start a business or invest in an existing business in the United States. However, when applying for this visa, the investment amount must be carefully determined, and the investment must be irrevocable, active, and substantial. Investors applying for an E2 visa should prepare a detailed business plan and manage this process professionally. Due to the complexity of the process and legal requirements, seeking support from an immigration lawyer may be beneficial. Don’t hesitate to contact me through the CK Law Firm Immigration Law Firm website, by email at info@cklawfirm.org, or directly via LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.