Key Clarifications on E2 Treaty Investor Visa Investment Criteria Released:
The E2 Visa offers foreign investors the opportunity to live and work in the United States while operating their own business.
In response to growing queries and ambiguities surrounding the E2 Treaty Investor Visa, our firm aims to clarify the essential requirements and qualifying criteria crucial for aspirants of this visa category.
Investment Requirements and Sources: One of the primary considerations for the E2 Treaty Investor Visa is the availability, access, and source of the investment amount. Eligible sources include capital assets, personal savings, gifted amounts, funds inherited, and equity in residential, commercial, or ancestral property. It is imperative that these funds originate from outside the United States and from a legitimate source. Applicants must provide adequate documentation proving the legality, availability, and accessibility of these funds. It should be noted that inheriting a business does not fulfill the investment requirement under this category.
Loan Conditions for Investment: If the investment amount includes borrowed funds, specific conditions must be met:
- Commercial loans or mortgages secured by business assets are not acceptable.
- Only loans secured by personal assets or unsecured loans based on personal credit will be recognized as part of the investment amount.
Operational Business Requirement: Applicants must have invested or be actively investing in a business that is operational or near operational. We generally advise our clients to ensure the business is on the brink of operation to safeguard their interests.
Business Establishment Guidelines: Ideally, an LLC should be registered in the United States, and a bank account opened in the company’s name. An elaborate, thorough, and realistic business plan should be prepared, reflecting the current market conditions of the specific location where the business will operate. Other preparatory actions, such as lease agreements, contract negotiations, and real estate examinations, must be undertaken simultaneously. Alternatively, purchasing an existing successful business can also be considered.
Risk Mitigation: We strongly advise against purchasing or establishing a business before securing the E2 Treaty Investor Visa. This precaution helps avoid the risks associated with owning an inoperable business or the potential loss of significant investment should the visa application be denied.
Type of Business: The investment must be in a for-profit business venture. Investments in not-for-profit or non-profit organizations do not qualify under the E2 Treaty Investor Category.
For further assistance or to address any specific concerns, please contact our visa experts at WWICS
*Immigration Insights provided by Parvinde Singh Sandhu , Sr. Director – WWICS Group