E-2

E-2 Investor Visa: Advantages and Application Process

If you are a citizen of a country that has a treaty with the United States (Turkey is among these countries) and you are engaged in significant trade, such as services or technology, between these two nations, or if you plan to make a substantial investment in a U.S. business and actively manage it, it's beneficial to learn about the E-2 visa. In this article, we've compiled essential information about the E-2 visa, including the criteria to qualify and the steps involved in the application process.

What is the E-2 Visa? The E-2 visa is a non-immigrant visa designed for investors, entrepreneurs, and individuals who wish to operate a business in the United States. As a non-immigrant visa, it is intended for those who want to live and work in the U.S. temporarily for purposes such as tourism, business, temporary work, or study. With an E-2 visa, you can establish or invest in a business in the U.S. and work for that business.

Because it is a non-immigrant visa, the E-2 visa allows citizens of treaty countries (including Turkey) to enter the U.S. by making a significant investment in an American business. Family members and qualifying employees of the visa holder may also be admitted to the U.S. under this visa.

Even though it is initially granted for a temporary period, the E-2 visa can be renewed indefinitely as long as the business remains operational and all visa requirements continue to be met. This allows E-2 visa holders to live and work in the U.S. for extended periods.

What Are the Benefits of the E-2 Visa?

  • You can start and work for a business in the U.S. with an E-2 visa.
  • Your spouse and unmarried children under 21 can also qualify for the E-2 visa.
  • Your spouse can obtain a work permit and work in the U.S.
  • Your children can attend school in the U.S.
  • There is no minimum investment amount required for the E-2 visa (investments as low as $50,000 have been approved).
  • There is no limit on the number of renewals for the E-2 visa. Some visa holders have stayed in the U.S. for over 15 years.

What Are the Requirements for the E-2 Visa?

  • You must be a citizen of a country that has a treaty with the U.S. (click here for a list of treaty countries).
  • You must have invested, or be in the process of investing, a substantial amount of capital in a U.S. business (no minimum amount required).
  • You must demonstrate that you are entering the U.S. to develop and direct the business. According to USCIS, this can be shown by having at least 50% ownership of the business or operational control through a managerial position or other means.

What Qualities Must the Business Have to Qualify for the E-2 Visa?

  • The business must be active and generating income.
  • It must generate enough income to support you and your family or have the potential to make a significant economic contribution (such as creating jobs).
  • The business must be legally profitable.
  • The investment must involve risk, meaning there must be a possibility of losing the invested capital.

What Is the E-2 Visa Application Process?

Step 1: Consult with an immigration attorney to determine if the E-2 Visa is right for you. Step 2: If you are not investing in an existing business, establish your business for the E-2 Visa. Consult with your attorney to determine whether an LLC or Corporation is best for you.

Step 3: Obtain an EIN (Employer Identification Number) from the IRS for your business. You will need this number to open a business bank account.

Step 4: Open a business bank account.

Step 5: Transfer your investment funds into your business's bank account.

Step 6: Spend the investment funds. To qualify for the E-2 visa, your investment must involve risk. If the funds remain in the bank account, this criterion will not be met.

Step 7: Apply for the E-2 Visa. If you are not in the U.S., you will need to start the visa application process. If you are in the U.S., you can request a change of status.

Consulting with an attorney is crucial in complex immigration matters like the E-2 visa to ensure the success of your application. Our attorneys can guide you through each step, helping you navigate any challenges you may face during the process. For more information and to find out how our expert team can assist you with the E-2 visa application process, please fill out our online form or contact us at +1 (201) 899-6194.

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