The E-2 visa is an investor visa available to anyone from an E-2 treaty country who wants to reside in the US and start their own business. This visa is not available to everyone, but only to foreign nationals who are from countries that have a visa treaty with the US. India and China do not have this visa treaty, but Canada, Britain, Japan and many European countries do. Indians can apply for this visa if they become citizens of any of these treaty countries, as eligibility is based on citizenship and not country of birth. The E-2 visa is a non-immigrant visa, and does not lead directly to a green card.
Who can apply?
- A citizen of a country that has a valid E-2 treaty with the United States.
- An entrepreneur with a substantial investment in a bona fide operating business.
- Business cannot be “marginal”. This means that it must have the current or future potential to generate income well in excess of what is needed to provide a livelihood for you and your family. It should ideally create jobs for American workers.
- You will be coming to the US to develop and direct the enterprise
The law does not specify a specific minimum dollar amount, but the investment must be “substantial.” In practice, this usually means a minimum of $50,000 to $100,000+ depending on the type of business. The capital must be sufficient to ensure successful operation of the business.Immigration attorney Adrian Pandev said many people believe they have to start a business from scratch in the US, but they can also acquire an already running business and it’s actually easier.“Many people believe that to get an E-2 visa you have to start a new US business. But this is not true and purchasing an existing US business may work even better,” Pandev said.“The purchase price alone can meet the substantial investment requirement. Also comes an established business with revenues, employees and a track record that answers the feasibility questions always asked by consular officers,” the lawyer said.He suggested, “Almost any legitimate business can qualify. I’ve seen successful E-2 cases for everything from custom art, NFTs and airsoft ranges to more traditional enterprises like restaurants, franchises and professional services. If you’re considering an E-2 visa, don’t overlook getting a business that’s already up and running.”