The E-2 visa is an investor visa for anyone from an E-2 treaty country who wants to live and start their own business in the United States. This visa is not available to everyone, but only to foreigners from countries with which the United States has a visa treaty. India and China do not have this visa treaty, but countries such as Canada, the UK, Japan and many European countries do. Indians can apply for this visa if they become a citizen of any of these treaty countries, as eligibility depends on citizenship and not country of birth. The E-2 visa is a non-immigrant visa that does not lead directly to a green card.
Who can apply?
- Citizens of countries with which the United States has a valid E-2 treaty.
- An entrepreneur who invests heavily in an actual operating business.
- Businesses cannot be “marginal”. This means it must have the ability, now or in the future, to generate more income than you and your family need to live on. Ideally, it should create jobs for American workers.
- You must come to the United States to develop and direct the business
The law does not set a specific minimum amount, but the investment must be “substantial.” In practice, this usually means at least $50,000 to over $100,000, depending on the type of business. Capital must be sufficient to ensure the successful operation of the business.Immigration attorney Adrian Pandev said many people think they have to start a business from scratch in the United States, but they can also acquire an already operating business, and in fact, it’s easier.“Many people think you have to start a U.S. business from scratch to get an E-2 visa. But that’s not the case, and it can even be better to buy an existing U.S. business,” Pandev said.“The purchase price alone satisfies substantial investment requirements. In addition, an established business has revenues, employees and a track record that can answer viability questions often raised by consular officials,” the lawyer added.“Almost any legal business qualifies. I have seen successful E-2 cases ranging from custom art, NFTs and airsoft lines to more traditional businesses such as restaurants, franchises and professional services. If you are considering an E-2 visa, don’t overlook acquiring a business that is already up and running,” he advises.
