E2 Visa Requirements

Hi! In Today's video I'll talk about the E-2 Visa requirements. There are many questions around this topic, and I would say it is one of the most important videos for those trying to learn more about the E-2 Visa, to understand what is needed in order to be eligible.

The first requirement I would like to point out is about the nationality of the investor. To be eligible for the E-2 Visa the applicant must possess the citizenship from a country that the US has a Treaty with. At present, there are 80 countries with this treaty, and I'll put the list on the screen right now so you can pause the video to check it.

The second requirement is about the business the applicant will be investing in. It must be a real and active operation, usually producing, or selling products or services; cannot be a passive investment like buying stocks. The company must also be "non-marginal," that means being big enough to generate profit beyond the investor's family needs, creating jobs and bringing positive impact to the US economy. Before applying for the E2 Visa, the company needs to be close to starting the operation or have already started. The US government expects to see that the funds have been already compromised, that everything has been set-up and the company it's not just speculation or "desire."

The third requirement is about the investment amount. The law does not specify a minimum amount, only saying that needs to be substantial. Nonetheless, in general terms, immigration attorneys recommend investing over $100,000 for better chances of approval. Usually, investments below this amount tend to be marginal, but that's not the rule for all cases, and some low-cost business may be eligible for the E2 Visa. The total investment must also be appropriated for the company in question. For example, 200k could be considered substantial and reasonable for a hair salon business, but 300k inadequate to create a large industrial operation. Considering only that, probably the first scenario would have the E2 Visa approved and the second, denied. In a different video, we will address situations involving business partners and commercial loans, but it's also important to know that the investment amount coming from the E2 Visa applicant must be substantial as a whole and "at risk" from his personal assets.

The fourth requirement is about the applicant's qualification for a particular business. The investor must be in a position to develop and direct the operation having good chances of success. Showing that is likely to achieve the goals in the business plan, especially regarding profits and jobs creation, it's fundamental to increase the chances of approval. Usually, educational background and experience are taken into consideration. Also, that is one of the aspects which investing in a franchise for the E2 Visa can bring benefits. Knowing that the franchisor will provide training and support tends to count favorably when this requirement is being reviewed.

The fifth requirement is about ownership. The applicant must own at least 50% of the business in order to have the capacity of making decisions. As mentioned before, we will talk about "partnership" in a different video, but in some cases, the applicant will need to be the sole owner and investor, especially if the total investment is under 150k.

The last requirement is to prove the source of funds. It is important to trace back all the capital used to set-up the business, showing it belongs to the investor and that it was earned legally. There is some sources it can be accepted, and this is an important topic, sometimes overlooked.

Those are the main requirements to be eligible for the E2 Visa. There are many details regarding the application, but the idea was to give a direct overview, enough to clarify the main aspects that will need to be satisfied to have a strong E2 Visa application.

If you think this may be a good option for you and your family, watch our next video where I explain the benefits of investing in a franchise to apply for the E2 Visa.

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