Requirement – FF Immigration Law

EB-5 Visa Immigrant Investor Program

EB5 States > EB5 Immigrant Investor Program

What Are the Requirements for an E-2 Visa?

E-2 visa requirements:

Citizenship: You must be a citizen of a country that has signed a treaty with the USA.
Investment Amount: The investor’s investment typically needs to be over U.S. $150,000 with a minimum ownership stake of 50%.
Relocation: You must move to the U.S. to establish and manage the business.
Economic Impact: The business should generate significant returns for investors and contribute to the U.S. economy by employing U.S. workers.
“At Risk” Funds: The funds invested must be considered “at risk,” meaning that they are subject to potential loss.

E-2 Treaty Investor Requirements in Detail

The E-2 Treaty Investor visa has specific requirements that need to be met.

While there is no set amount for the investment, it must be suitable for the nature of the business the investor intends to start. For instance, an I.T. sector business may require a starting investment of $1,050,000, while a franchise business may only need $250,000. In addition, the investment amount can include various expenses associated with starting up the business.
The investment must be “at-risk,” meaning gains or losses should be possible, and the money cannot be guaranteed. Additionally, the business must be a real operating entity.
The investor is expected to operate, direct, and develop the business. In most cases, E-2 Treaty investors with the required nationality must own and control at least fifty percent of the U.S. business.
The business must be or become operational, and the E-2 Treaty Investor should be actively involved in managing the business to fulfill the requirement of “Directing and Developing.” The
E-2 business should not be considered a side venture, and there should be current or future employment of U.S. workers. While there is no specific legal requirement to employ a particular number of U.S. citizens or residents, the aim is to create job opportunities. Demonstrating plans to employ a few employees in the coming years should suffice.
A comprehensive business plan is crucial for the E-2 Treaty Investor. The plan should outline goals, milestones, and details about the business and its operations in the U.S., including hiring staff.
For any prospective employees of the E-2 Treaty Investor, including the investor themselves, details of skills, qualifications, and experience should be provided.
It’s important to note that the principal investor and any E-2 visa staff must be willing and able to leave the U.S. upon terminating their E-2 visa status since the E-2 is a nonimmigrant visa category. However, the E-2 Treaty investor visa can be extended indefinitely by meeting certain criteria.

Required Documents for an E-2 Visa Application

When applying for an E-2 Visa, you will need to prepare and submit the following documents:

Form DS-160: Nonimmigrant Treaty Trader/Investor Application.
Photocopy of your passport: The passport should be valid for at least six months beyond your intended stay in the U.S. and have at least one blank page.
Colored passport-style photograph: The photograph should show your full face against a light background and should not have any head covering.
Curriculum Vitae: Your updated resume outlining your qualifications and work experience.
Business Plan: A detailed plan outlining your future investment scheme.
Proof of Employment: Documentation demonstrating that you will be hired in an executive or supervisory position or possess highly specialized skills necessary for the firm’s dynamic operation.
Proof of Investment Capital: Evidence of possession and control of investment capital, such as financial statements, bank records, savings, loans, or promissory notes.
Proof of Funds Remittance: Documentation showing the transfer of funds to the U.S., such as transfer exchange permits or receipts, bank drafts, or other relevant records.
Proof of Business Creation in the U.S.: Documentation substantiating the establishment of the business in the U.S., including partnership agreements, articles of incorporation, organization and staffing charts, contracts, titles, shares, licenses, leases, and receipts.
Proof of Investor’s Citizenship: Documentation establishing the investor’s citizenship, such as passports, stock exchange listings, or articles of incorporation of the parent firm.
Proof of U.S. Investment: Documentation demonstrating the investment made in the U.S., such as titles, contracts, receipts, loans, or bank statements.
Proof of Actuality: Supporting evidence of the business’s actuality, such as financial statements, U.S. corporate or business tax returns, and audits.
Proof of Substantial Contribution to the U.S. Economy: Documentation indicating that the enterprise is promising and will substantially contribute to the U.S. economy, including IRS Form 941, payroll records, personal tax returns, and evidence of other personal assets and income.

Proof of Genuine Business Operation: Documentation showing that the business is a genuine operating entity, such as annual reports, sales literature, catalogs, news articles, and any other relevant evidence.

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