Yes, an online business can qualify for an E-2 visa, as long as it meets the E-2 visa requirements. The E-2 visa is available to nationals of 79 countries that have a qualifying treaty with the United States, and who are coming to the US to develop and direct a business in which they have invested a significant amount of capital.
To be eligible for an E-2 visa as the owner of an online business, you must be able to show that you have made a substantial investment in the business and that you have the skills and experience necessary to direct and develop the project. The online business must be a real and active commercial enterprise, and not just a passive investment. In addition, the E-2 visa investor must create or absorb 3 full time salaried employees, each working a minimum 35 hours per week, and they must be US citizens or permanent residents.
Please note, the E-2 visa program does not count holders of temporary US residency in the permanent job creation category. Also, you will most likely need a physical business location, although there are different options available that will satisfy this requirement. It is also important to note that the E-2 visa requires the individual to show a clear connection between their investment and their ability to direct and manage the business.
This means that the individual must have operational control over the business and be able to make normal day-to-day business decisions.
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