Rocki Maimone and Filomena Maimone
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Rocki Maimone and Filomena Maimone

Want to invest? The E2 Visa is For You.

On Behalf of | May 25, 2023 | Firm News

Disclaimer: Immigration policies change over time. It is important to consult an attorney for the most up-to-date and accurate information on visas.


E2: 

Purpose: The E2 visa was designed with the purpose of promoting foreign investment in the United States. This visa allows individuals to enter and work in the United States contingent on a substantial investment in a U.S. enterprise.

Treaty Country Requirement: In order to qualify for an E-2 visa the applicant must be from a country that has either a treaty of commerce and navigation or a bilateral investment treaty with the United States. Not all countries have these treaties so it is important to make sure that you are eligible based on your country of citizenship.

Investment requirement: As mentioned earlier it is required that a substantial investment is made in a legitimate U.S. enterprise. Your investment must come with risk and be sufficient enough to ensure the success of that business. There is no specified minimum legal investment; however, it should be a substantial investment relative to the total cost of the business. In addition to this, the applicant must own or have controlling interest in the business. This means possessing at least 50% share of the business or having control over it through a managerial position or other corporate mechanisms.

Where to invest: The U.S. enterprise in which the visa holder invests must be an active and operating business. passive investments such as real estate, stocks, or rental properties, do not usually qualify for this visa.

Duration: An E-2 visa is a non-immigrant visa meaning it is temporary in duration. While it is temporary, this visa can be renewed indefinitely as long as your investment and business continue to meet the requirements of your visa.

Dependents: The spouse and unmarried children under the age of 21 may accompany the applicant to the United States. These dependents would enter under the E-2 dependent visa the E-2D. These dependents may study in the United States, however, they would need to obtain separate authorization in order to be employed.