E-2 Visa Requirements – Shoreline Immigration
This article will cover all of the E-2 visa requirements a Foreign investors must meet in order to apply for an E-2 visa. The applicant must prove their nation of origin is one with a treaty investment agreement with the United States. They are also required to prove their intention for moving to the U.S. is E-2 business-related, and that they plan to direct their lawful business in compliance with relevant regulations. Applicants should be prepared to give documentation as it relates to their business plan, as well as their investment. They are expected to supply evidence that they plan to leave the U.S. when their visa expires, unless they wish to stay and renew.
If the foreign investor does not own at least 50% of the E-2 business, the owners with an interest of 50% or more must be of the same nationality as the applicant. Also, if the principal investor is a business entity, rather than an individual, it carries the same nationality as the individual.
Qualifications for Treaty Investors
There is a lot to consider when applying for a visa, and there is even more for employment-based visas. The qualifications for E-2 visas are extremely specific, and applicants must adhere to the requirements in order to successfully establish, or purchase a U.S.-based venture. The list below summarizes the conditions as set forth by the United States Citizenship and Immigration Services (USCIS), which prove the venture is not only qualified for an E-2 business, but will also bring value to the United States as well as its citizens and consumers alike.
In order to qualify for an E-2 visa, the applicant (an individual or a business entity itself) must meet the following credentials:
- The applicant must be a national of a country which has a treaty with the United States
- The applicant must be the owner or an executive, supervisor or otherwise essential employee
- The applicant must show ability to develop and direct their business
- The applicant’s intent for moving to the U.S. is to either develop their E-2 business,
- The applicant must own the business, unless it is owned by at least 50% of nationals from the same country as the applicant
- The applicant must have made, or will make a substantial investment into the business
- The applicant’s investment source must be lawful and in good faith
- The applicant’s investment must have been, or will be put at risk
- The applicant’s investment must be irrevocably committed to his or her E-2 business
- The applicant’s business must be lawful and bonafide
- The applicant’s business must create jobs for U.S. citizens
- The applicant’s business must stimulate the United States economy
- The applicant’s business must bring a substantial profit, not just to make a living
- The applicant’s business must be close to being operational if it is not already
- The applicant must intend to reside in the U.S. through the duration of his or her E-2 visa
- The applicant must intend to depart the U.S. upon the completion/expiration of their visa
Other Requirements
As the E-2 business must be a bonafide enterprise, it has to be shown to be a real and active venture which produces goods and/or services for a profit. Some documents which prove the business is bonafide includes, but is not limited to, the following list.
- Employer Identification Number (EIN), or a notice of assignment from the Internal Revenue Service (IRS)
- Tax returns if available
- Licenses for the business
- Escrow documents
- Lease agreement
- Organizational chart of the business
- Quarterly wage reports
- Applicable payroll summaries (W-2s and W-3s)
- Bank statements, utility bills, and advertisements/telephone directory listings
- Financial statements
- Contracts with vendors
- Customer agreements if applicable
While foreign investors whose business is not yet operational still get approved for E-2 visas, having business-related documentation increases their chances that much more.
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E-2 Visa Requirements – Shoreline Immigration
