The E2 Visa allows investors, their employees, and dependents to live and work in the United States. However, an essential requirement that must be satisfied is the applicant’s substantial investment in a U.S. business.
Other E2 Visa requirements that a treaty investor must satisfy:
- The investor, whether currently residing in the United States or not, must be a citizen of a country with which the U.S. maintains a treaty of Trade and Navigation. It is not sufficient to have permanent residence in one of the treaty countries; the investor must be a citizen.
- The applicant must provide evidence of investing a substantial amount of capital in a legally registered and licensed business in the United States. On the other hand, the investor must provide proof of the process of investing in a bona fide U.S. business.
- The investor must submit proof that he/she intends to enter the United States primarily to develop and manage the business or enterprise in which he/she invested.
- It should be noted that the second and third requirements above are subject to interpretation. Several ways are available to prove compliance with the requirements. Read further for explanations of some of the conditions below.
What Does Substantial Investment Mean?
That an investor should invest a substantial amount of capital refers to a sum that is “at risk” in a commercial sense. It implies that the capital was invested mainly for profit-making, which can be lost either entirely or partially if the investment fails.
The amount viewed to be substantial enough to make the investor committed to the success of the business starts usually start from $100,000. Although there are L1 visa application that have been successful with slightly less than $100,000.
Explanation of the Developing and Directing the Business
That an investor is entering the United States to develop and direct the business he/she invested in can be proven if the total invested amount equals to at least 50% of the venture.
On the other hand, the investor can provide proof that he/she is responsible for day-to-day running of the business. The organizational business chart must back this claim.