The E2 Visa caters to investors and entrepreneurs from treaty countries looking to operate a business in the United States. Understanding the requirements is the first step toward a successful application. This section outlines the essential criteria and documentation needed to qualify for an E2 Visa.
Eligibility: You must be a national of a country with which the United States maintains a treaty of commerce and navigation.
Definition: The investment must be substantial, sufficient to ensure the successful operation of the enterprise. There’s no minimum dollar amount, but the investment should represent a significant proportion of the total value of the business or a significant amount to start a new business.
At Risk: Your investment must be at risk, meaning it is subject to partial or total loss if the business fails. This demonstrates your commitment to the success of the enterprise.
Legitimate Operation: The business must be a real, active commercial or entrepreneurial undertaking, producing some service or commodity.
Legal Enterprise: The business must be legal as per U.S. law.
Control: You must be coming to the United States to develop and direct the enterprise. This is usually shown by owning at least 50% of the business or possessing operational control through a managerial position or other corporate structure.
Economic Contribution: The business must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the United States.
Initial Stay: E2 visa holders are initially allowed a stay of up to five years. Extensions may be granted in increments of up to two years, with no limit on the number of extensions, provided the E2 status remains valid.
The following documents are typically required to apply for an E2 Visa:
Completed DS-160, Online Nonimmigrant Visa Application.
Passport valid for travel to the United States.
Photograph in the prescribed format.
Evidence of substantial investment and the source of these funds.
Business plan showing the viability and future growth potential of the enterprise.
Proof of ownership and control of the business.
Financial statements or business records demonstrating the non-marginal nature of the business.
Meeting the E2 Visa requirements demands thorough preparation and attention to detail. Ensuring your investment and business plan are solid, your documentation is complete, and your intentions align with the visa’s purpose will be key to demonstrating your eligibility and intent to the U.S. consular officers.
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