E-2 Treaty Investor Visa (or E-2 Visa) is for entrepreneurs who wish to enter the United States to start and run a business. The word “treaty” in the name of this visa refers to a treaty of commerce and/or navigation, which must exist between the United States and the applicant’s home country. This requirement means that not all countries are eligible for the E-2 Treaty Investor Visa. Read on to learn all you need to know about this visa category and how the Immigration Attorneys at Jurado & Farshchian, P.L., can help you apply for it.
How Much Money Should an Applicant Invest?
The investment amount is the most common question among E-2 Visa applicants. Unfortunately, there is no clear answer. The E-2 regulations are unclear on an exact investment amount that will qualify. However, there are ways you can determine a “safe” amount that will have a high chance of qualifying.
The first requirement you must meet is that the investment must be “substantial.” In other words, your investment must be sufficient to show your commitment to the success of the E-2 business. The amount you invest must hurt a little, meaning that if a consular officer believes that you are worth $100 million, a $60,000 investment will likely not convince the officer of your commitment to the E-2 business. However, for the average investor worth around $300,000, a $100,000 investment will probably qualify as substantial and serve as proof of the investor’s commitment to the success of the E-2 business.
Although the above is true in most cases, what determines if your investment qualifies is not the amount of money but the business in which you invest it. In the past, foreign investors have obtained E-2 Visas with investments as low as $25,000. It all depends on how much money is necessary to turn the E-2 business into an operational enterprise that has a positive economic impact on the economy of the United States or, at least, creates jobs for qualified U.S. workers.
When Do Applicants Have to Invest the Money?
Your E-2 business must very close to becoming operational at the time of filing your E-2 application. As an E-2 Treaty Investor Visa applicant, you need to show that your money is “irrevocably committed” to the E-2 business and “at risk.” A business that exists merely on paper with a speculative investment will not qualify.
As an E-2 applicant, you are not required to spend the entirety of your investment funds at this stage. However, there should be documentation showing that you have spent a large portion of the money and explaining how you intend to spend the rest.
How Can E-2 Applicants Prove Their Investments?
The E-2 Visa regulations require applicants to prove the source of the investment funds. There are two parts to this requirement, which are:
- Control of the funds. You must verify that you possess and control the money you intend to invest. You can fulfill this requirement by providing documentation showing how you obtained the money. The E-2 Treaty Investor Visa regulations allow money that comes from income, inheritance, gifts, and loans for which the applicant is personally liable.
- Lawful source of the funds. You must prove that the money you intend to invest came from a legitimate source. You can typically satisfy this requirement through the documents you provide to meet the “control of the funds” requirement described above. However, multiple layers of documentation are necessary sometimes. For example, if you obtained the money through the sale of real estate, you may have to show evidence of the sale as well as proof of how you got the money to buy the real estate in the first place.
Are you looking to apply for the E-2 Visa? Good news – WE CAN HELP YOU! Jurado & Farshchian, P.L., has helped hundreds of investors from all over the world submit successful E-2 Visa applications for businesses of all kinds and sizes. Our Business Immigration Attorneys will teach you everything you need to know about the E-2 investment requirement and help you fulfill it.
Get in touch with Jurado & Farshchian, P.L. by calling (305) 921-0440 or by sending an email to Romy@jflawfirm.com to learn more about our business immigration services and to schedule an initial consultation with one of our E-2 Treaty Investor Visa experts.