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Will I qualify for an E-2 visa?

E-2 visas are coveted by those wishing to emigrate to the United States, but there are very stringent requirements for those who decide to apply.

The first requirement is that the treaty investor must be coming here to invest capital in either a new enterprise or one that already exists.

U.S. Citizenship and Immigration Services defines E-2 investments as placing their assets and capital at a commercial risk with an objective of earning a profit. Also, the capital investment must be substantial and dedicated to bona fide enterprises, which are defined as genuine entrepreneurial or commercial endeavors that produce goods or services at a profit.

These enterprises can't simply be idle investments that might potentially appreciate over time, as in the case of purchases of undeveloped tracts of land, or when stocks are owned by investors who have no plans to direct the enterprise.

Marginal enterprises are endeavors that will not generate more revenue than needed to provide the most basic standard of living for investors and their families, or allow them to contribute significantly to the economy.

Investors must also have the funds necessary for and be dedicated to the business. These funds have to be irrevocably committed to a commercial endeavor, and also at risk of substantially or completely being lost if the investment fails.

Those wishing to take advantage of E-2 visas must have full ownership of the funds which also have to be substantial when compared to the set-up costs of operating a business.

Those interested in learning more about the process of making application may want to discuss their concerns with an immigration attorney.

Source: United States Citizenship and Immigration Services, "Understanding E-2 Requirements," accessed July 15, 2016

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