Below you may find a list of the requirements for an E-2 Investor Visa.

For a list of E-2 treaty countries, click here.

• If a principal investor, you must be coming to the United States to “develop and direct” the business, e.g., owning at least 50% of the investment.
• Employees who work in certain key supervisory capacities or who possess essential skills might also be hired by a qualifying organization.  Ordinary skilled and unskilled workers do not qualify.  In order to hire employees from the treaty country, the foreign national or business must be a national of a treaty country.  For a sole proprietorship, the foreign national must be a citizen of the treaty country.  For a business that is a separate entity, for example a limited liability company (LLC), the nationality is determined according to who owns the business.  This can be challenging, especially considering how complex corporate structures can be.  At least half of the business must be owned by people from the treaty country.  (Foreign nationals who have permanent residence “green cards” do not count.)
• A substantial investment is required.  Contrary to popular belief, there is no fixed minimum required.  Rather, the investment has to be enough for the business to succeed.  See Matter of Walsh and Pollard here for more details on this.  The percentage of investment required is lower when the cost of the business is higher.  If the cost of the business is lower, then the percentage will be higher.
• The entity must be a real, operating (or very close to operating) business, providing some service or commodity for profit and must meet applicable legal requirements for doing business in the particular jurisdiction in the United States.
• The business must meet the marginality test, meaning it must generate more than enough income for the foreign national and her family or must impact U.S. economy significantly.  The business must be able to meet this standard within five years.
• Personal funds must be put at risk.  Loans may be used in certain circumstances, but in no event can one use loans secured by the business itself.
• Spouses and children may also accompany those in E status.  Spouses may apply for work authorization, but unfortunately, children cannot.  Fortunately, the spouses and children of those in E status do not need to be nationals of the specific treaty country.
• And, even though one could remain in the United States in E status for many years, one must demonstrate intent to depart the United States when E status ends.

For more information on your options if you want to use an investor visa to come to the United States, contact Craig Dobson

Crystal & Giannoni-Crystal, LLC is a “lawyers for lawyers and international matters” boutique law firm. The firm has offices in Charleston, SC, New York, NY, and Washington, DC. The firm is available to serve clients – in association when needed with local counsel – with transactions in Italy, Spain, Germany, France, Portugal, UK, Mainland China, Hong Kong, India, Indonesia, Australia, Latin America, Brazil, and Argentina. In the U.S., we are able to offer our full list of services in New York, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Westchester County, in the District of Columbia, in South Carolina, including Aiken County, Anderson County, Beaufort County, Berkeley County, Charleston County, Dorchester County, Florence County, Greenville County, Horry County, Richland County, Spartanburg County, Sumter County and York County, and the communities of Charleston, Myrtle Beach, Sumter, Florence, Columbia, Lexington, Aiken, Rock Hill, Greenville, Spartanburg, Anderson, and Hilton Head, in Georgia, including Savannah and the whole Chatham county.