E2 Visa – Investor Visa USA

According to the U.S. Bureau of Economic Analysis, foreign direct investment in the United States increased $187.2 billion to $4.63 trillion at the end of 2020 from $4.44 trillion at the end of 2019. By country of the foreign parent, five countries accounted for more than half of the total position at the end of 2020. Japan remained the top investing country at the end of 2020 with a position of $647.7 billion and Canada ($490.8 billion) moved up one position from 2019 to be the second largest investing country. Foreign dollars help stimulate the U.S. economy by providing new job opportunities and growing industries. The E2 Visa USA is designed to facilitate foreign investment by granting status to those who invest a substantial amount of funds in a U.S. enterprise.

E2 Visa Criteria

The main criteria for US E-2 Investor Visa eligibility are outlined below.

1. A treaty must exist between the U.S. and the country of nationality of the foreign company. Canada is a treaty country and you can find a full list of treaty countries here.

2. The company must be owned (over 50%) by nationals of treaty country. If the company is owned by nationals of a single country, then that company will be given said nationality. If a company is sold exclusively on a stock exchange, then the nationality of the corporation will be the location of the exchange.

3. The company must be real and operating. It must be an active company as opposed to a passive investment.

4. The applicant must have citizenship of the same treaty country as the enterprise.

5. The applicant must have invested in, or be in the process of investing in, the enterprise. The applicant must make an irrevocable commitment of funds in the enterprise. If the business fails, the applicant would lose the investment.This requirement ensures that applicants make a real commitment to building the U.S. enterprise and contributing to the U.S. economy.

6. The investment must be substantial. There is no minimum amount of money required for an investment to be considered substantial and whether the threshold of substantiality has been reached depends on the industry and the nature of the business. There is years of guidance and case law that guide the adjudication. The investment must be substantial in a proportional sense; sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise; and of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.

There is no explicit requirement that the investment create U.S. jobs, however, it can be argued that such a requirement is implied and if the investment creates U.S. jobs, it certainly strengthens an application.

E2 Visa Employees

Employees of registered “E” companies may also secure status if they have executive or supervisory duties, or if they possess essential skills. Executive and supervisory duties means that the employee has ultimate control and responsibility for the enterprise’s overall operation or a major component thereof. Special qualifications means skills and/or aptitudes that an employee has that are essential to the successful or efficient operation of the treaty enterprise. Knowledge of a foreign language alone will not suffice as a basis for an employee’s essential nature. Salary and training is relevant in determining essential nature.

E2 Visa Spouse and Children

Spouses and minor children may secure status to live in the U.S. with the E-2 Visa holder and spouses can work. As of November 12, 2021, USCIS considers E2 dependent spouses employment authorized incident to status.

Looking for help securing a US Investor Visa?

Silver Immigration can guide you through the process of obtaining a US investor visa. Our team will help you understand your visa needs and assist you throughout the process of successfully acquiring an E2 visa for investors. Call us today at +1 (888) 799-4769 or fill out our contact form to schedule a free consultation with an immigration lawyer.