The USA is the world’s largest economy with an astonishing GDP of $29.18 trillion. It continues to grow each year. Businesspeople from around the world are desperate to get a slice of the pie. The E2 Investor visa could be the way that you can begin operations in the USA.
Read this blog to learn more about the E2 Investor visa and how it could take your business to the next level. It will also help you to consider whether this is the right business visa for your needs in the USA.
Defining the E2 Investor Visa
The USA uses its E2 Investor visa to invite talented and wealthy foreign investors to come to the US to run their business in the country. People who fit their profile and are from a nation that has a treaty of commerce or trade agreement with the USA are eligible if they meet the following requirements:
- They have at least a 50% ownership of the US-based business.
- They have invested or are in the process of investing in the US-based business.
- They are coming to the US solely to grow and run the company.
The business also cannot be marginal. This means that your enterprise should be able to earn the investor more than a minimal living within five years. The business also needs to make a meaningful economic contribution to the community in the USA. Prove this by showing a robust business plan and credible financial forecasts.
A key reason that this visa is so powerful is that it allows you to bring employees with you. These workers can help you establish and run your US business. Despite this being classed as a non-immigrant visa, you will also be allowed to bring dependent family members with you.
Bringing Employees with you to the US
You won’t be allowed to bring all of your employees with you to develop and run your business. Employees must have managerial or executive roles, or have a specialism that is essential to your business. It is expected that other employees will be hired from the domestic American labour market.
Executive roles are considered those that can be given ultimate responsibility and control over your entire business. That allows you, as the owner, not to need to spend all of your time in the USA if that’s how you choose to run the business.
US officials will need to be convinced that the employee has the skills and experience for such a senior and trusted role. Include a detailed job description and a supporting letter from you, alongside their resume, to provide evidence.
The E2 Investor visa is also ideal as it allows you to bring your leading specialist, but not managerial, employees into your USA operations. Immigration officials will need to be convinced they have a high degree of expertise that few others have in the USA, and will receive a suitably high salary as a result.
Renewing Your E2 Investor Visa
Another great advantage of this visa type is its fantastic validity period, combined with flexibility, meaning that you can run this business and the others you own permanently. Generally, the E2 visa lasts for five years; however, immigration officials have the authority to issue a shorter visa.
Once the visa validity period runs out, you can renew the visa for a further five years. This costs $315. There is no limit on the number of renewals you can make, and you can begin the renewal process from six months out of it expiring.
However, to renew the visa, you will need to show that your circumstances haven’t changed and you are still eligible for the visa. This will include detailed profit and loss statements for the business, proof that you still have funds at risk, payroll documents for any staff, and tax statements. You will also usually need to attend a visa interview at the USCIS office or the U.S. embassy in your home country.
Choosing Between the E1 and the E2 Visa
The E2 Investor visa isn’t the only way that you can make the most of America’s enormous economy. The E1 visa is similar in that it is targeted at businesspeople from nations that have a treaty of commerce with the United States. However, the visa is for people who want to engage in trade between the US and their country, rather than wishing to begin a US-based business. This trade needs to be continuous and involve multiple transactions. As a result, it requires a much lower degree of commitment to the USA, but doesn’t come with the same ability to establish a permanent enterprise.
Another option for many investors is the EB5 Immigrant Investor Green Card. This is an immigrant rather than a non-immigrant visa, giving you the prospect of starting a new life in the USA that the E1 and E2 visas don’t offer. This option gives you access to a Green Card, a pathway to citizenship, if you invest over the minimum of $900,000.
How Can IAS Help?
US immigration laws are tightening up. It is more important than ever to ensure you and your employees’ applications under the E2 Investor visa are watertight so that you can run your business properly in the US.
It is common for E2 Investor applicants to enlist the help of immigration lawyers and advisors, such as Immigration Advice Service. Our team can help you determine if this investor visa is the right fit for you. They will then guide you through the entire application process so that you have the best possible chance of success.
If you want help from our immigration lawyers and advisors, get in touch with us today to learn more about the services we offer.