E-2 visa in the U.S. is not an immigration program, but with its help you can legally enter the U.S., successfully work, investing funds and making a profit. At the same time, the holders of such visas may later have the opportunity to get a Green Card, but the ways to obtain a residence permit should be sought independently, because there is no clear algorithm. To get all possible privileges from this program, find out the conditions.
The E-2 visa provides its holders with the following advantages:
- There is no need to prove language proficiency, work experience, or sufficient education. The absence of relatives in the U.S. also does not affect the fact of obtaining a visa.
- The visa is also granted to the applicant's family members: spouse and unmarried children under 21 years of age.
- When moving children can be arranged for education in American schools, colleges, and the cost of education will be the same as for natives. The spouse will be able to legally get a job after obtaining the appropriate authorization, but the children are not given the right to work.
- The whole family will be able to move freely within the territory of the States, they will also be facilitated entry into many other countries of the world.
- You will not have to wait long for a decision on the visa application, as there are no waiting lists.
- Since the E-2 is not an immigration visa, the investor is not automatically recognized as a U.S. resident for tax purposes. This means that if the time of stay in the States does not exceed 122 days per year, then the tax on worldwide income will not have to be paid.
The E-2 visa to the USA is issued only to those entrepreneurs who invest at least USD 100,000 in business development. Although the legislation does not prescribe a specific amount of investment, but based on the analysis of business plans that have received a positive decision, we can conclude that such a limit exists. This amount will be sufficient to confirm the materiality of the contribution. This amount may vary for different types of business. To pass the proportionality test, it is necessary to proceed not only from the size of the investment, but also from the proportion of the contribution to the development of the business.
The investment can be introduced by:
- Buying out a ready-made business (part of it);
- Opening your own enterprise;
- Buying a franchise.
An important condition is that the businessman must actively develop the business in which he has invested. Compliance with this condition will become relevant when in 2 years it will be time to extend the visa.
Who will be allowed to apply for a visa:
- Citizens of those countries that have bilateral trade relations with the United States. Such persons are considered to have Treaty Foreign National status.
- Entrepreneurs who own at least 50% of the capital of the enterprise in which they are investing. In addition, an investor who is an operating manager in that company will also be accepted. In some cases, if the business is large enough, the investor may own only a 30% share of the capital, but must still participate in the management of the enterprise.
- Someone who accepts that the investment is subject to risk. This means that borrowing against the collateral of a going concern will not be considered acceptable. If borrowed funds are required, they should be raised as unsecured, or secured against the investor's personal assets.
- A person who will confirm that the funds for the investment are obtained by him/her from legal sources.
To obtain an E-2, the investor will need to:
- Conclude an agreement with an agent. This will help to determine the business plan and choose the investment model that will allow to get a positive decision on the visa issuance.
- Place sufficient funds for the investment into an escrow account to confirm real intentions to do business in the US.
- Fill out the application and collect the required package of documents.
- Wait for a positive decision and enter the U.S. territory.