E2 Treaty Investor Visa

The E-2 Visas classification, commonly known as Investor Visas, allows a national of a treaty country to be admitted into the United States when investing a substantial amount of capital in a U.S. Business, either as a startup, through an acquisition or to expand operation in the United States. To qualify for E-2 classification, a treaty investor must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation.
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate devices.
  • Meet the definition of “employee” under relevant law
  • Either be engaging in duties of an executive or supervisory character or if employed in a lesser capacity, have special qualifications.
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States. A bona fide enterpriserefers to a real, active and operating commercial or entrepreneurial undertaking, which produces services or goods for profit.  It must meet applicable legal requirements for doing business within its jurisdiction.
  • An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial operation with the objective of generating a profit.  The capital must be subject to partial or total loss if the investment fails.  The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.
  • The amount of capital must be substantial. Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one. Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.
  • Marginal Enterprises. The investment enterprise may not be marginal.  A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.  Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income.  In such cases, however, the enterprise should have the ability to generate such income within five years from the date that the treaty investor’s E-2 classification begins

The fact that an investment is being made in a start-up business or by purchasing an existing business or franchise is not enough evidence to demonstrate that the investor may qualify for an E-2 Visa. A comprehensive business plan with a 5-year projection is required, and it is a critical component of the overall application to provide evidence that the business will meet its purpose, support the visa applicant and will have a positive impact in the U.S economy. Through the guidance of our experienced professional advisors and with a detailed business plan that complies with all the requirements for an E-2 visa, including the concepts of “substantiality”, “marginality” and “at risk”, you will be able to meet the criterion consular officials need to assess to approve an E-2 Visa petition.

Through our extensively detailed business plans, you will be able to meet the criterion needed for an E-2 Visa. Matching the requirements of the concepts “substantiality”, “marginality” and “at risk” investment.  Our business plan is developed to comply with all USCIS requirements and is written following specific guidelines centering in obtaining a visa approval. The content, format, and focus of our business plan are focused solely on meeting the key criterions USCIS officials look for.

Our highly detailed and comprehensive E-2 business plans include:

 

  • Executive Summary
  • Industry and Market Analysis
  • Marketing and Sales Strategies
  • Competitor Analysis
  • Investment Summary
  • Personnel Plan
  • Financial Projections

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