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Learn Your E-2 Visa Business Options

The E-2 visa is a popular non-immigrant visa that allows foreign investors to start or purchase a business in the United States. The E-2 visa is particularly popular among entrepreneurs who want to move to the US with their families to pursue their business goals. If you wish to invest in and manage a business enterprise in the US and wonder, “What Are My E-2 Visa Business Options?” , this post is for you.

However, choosing the right type of business for an E-2 visa can be challenging. There are several business options available to potential E-2 visa holders, each with its own advantages and disadvantages. Therefore, it is important to be well-informed about the different business options available before making a decision.

If you are considering applying for an E-2 visa, don’t settle for an immigration law firm that simply assists you in the process. At Diener Law we pride ourselves on our unique philosophy of focusing on achieving results as you envisioned them. Our experienced immigration attorneys employ a strategic approach that anticipates every problem and issue that can arise, so you can have a smoother immigration process.

Make an informed decision today and take the first step towards making your dream of living in the United States a reality. Contact us to schedule a consultation with one of our Durham immigration lawyers.

What is an E-2 Visa?

The E-2 visa is a non-immigrant visa that allows foreign investors to start, purchase, or invest in a business in the United States. The visa is intended for individuals who are looking to manage and develop a business in the US, and it is an excellent option for entrepreneurs who are looking to move to the US with their families.

The purpose of the E-2 visa is to promote economic growth in the US by encouraging foreign investment in American businesses. The visa is designed to benefit both the investor and the US economy by providing an opportunity for investors to develop and expand their businesses in the US while also creating jobs and boosting economic growth.

Requirements for the E-2 Visa

  • Nationality: The investor must be a national of an E-2 Treaty Country.
  • Substantial Investment: The investor must have invested, or be active, investing, a substantial amount of capital in a US business. The investment must be sufficient to ensure the success of the business, but the term “substantial” is not defined by law.
  • Ownership: The investor must own at least 50% of the business or have operational control over it.
  • Purpose: The investor must be coming to the US solely to develop and direct the business, and they must intend to depart the US when their E-2 status ends. 

In addition to these requirements for the investor, there are also requirements that the US business must meet to qualify for the E-2 visa:

  • Real and Operating Business: The business must be a real, operating business that is actively engaged in providing goods or services. The business must not be speculative or idle, and it must have a reasonable expectation of generating more than just a marginal return on the investment.
  • Investment: The business must have a substantial investment of capital, which can include cash, equipment, inventory, or other tangible assets. The investment must be made by the investor or the investor’s enterprise, and the funds must be irrevocably committed to the business.
  • Legitimate Source of Funds: The funds used to invest in the business must come from a legitimate source, such as savings, inheritance, or a loan. The investor must be able to prove the source of the funds and show that they were obtained legally.
  • Job Creation: The business must create jobs for US workers. The number of jobs created will depend on the type of business and the amount of investment. The business must also have the ability to support the investor and their family without relying solely on the income generated by the investor.
  • Marginality: The business must not be considered marginal, which means that it must have the capacity to generate more than a minimal living for the investor and their family. The business must also have the potential to make a significant economic contribution to the US.

By meeting these requirements, both the investor and the US business can qualify for the E-2 visa, allowing the investor to come to the US to start or invest in a business and contribute to the U.S. economy.

What are My E-2 Visa Business Options?

There are a variety of E-2 visa business options that an investor can consider. Here is a brief overview of some of the most common E-2 visa business options:

  • Franchise: Investing in a franchise can be a good option for E-2 visa applicants as it provides a pre-established business model, training, and support from the franchisor. Franchise opportunities can be found in many industries such as food, retail, and service sectors.
  • Real Estate: Investing in real estate is another option for E-2 visa applicants. This can include purchasing and managing rental properties, investing in real estate development projects, or purchasing and flipping properties.
  • Consulting or Service Businesses: Investing in a consulting or service business can be a good option for E-2 visa applicants, as these businesses often require less capital and have lower overhead costs. Examples of service businesses include marketing, accounting, or IT consulting services.
  • Manufacturing: Investing in a manufacturing business can be a good option for E-2 visa applicants with experience in this field. The US has a diverse manufacturing industry, including industries such as electronics, automotive, and aerospace.
  • Technology Startups: Investing in a technology startup can be a good option for E-2 visa applicants who have experience in this field. The US has a vibrant tech industry, with many startups focusing on emerging technologies such as artificial intelligence, blockchain, and virtual reality.

These are just a few examples of the many E-2 visa business options available to investors. Ultimately, the best business option will depend on the investor’s interests, skills, experience, and current market conditions in the US. It is important to conduct thorough research and seek professional guidance before making any investment decisions.

Frequently Asked Questions About E-2 Visa Options

What types of businesses are eligible for the E-2 visa?

A: The E-2 visa is available to individuals who invest in a bona fide enterprise, which means a real, operating business. The business must be engaged in providing goods or services and must not be a speculative or idle investment.

Is there a minimum investment amount required for the E-2 visa?

A: There is no minimum investment amount specified by law, but the investment must be substantial. The amount of investment required depends on the type of business and the specific circumstances of the investor.

Can I purchase an existing business to qualify for the E-2 visa?

A: Yes, you can purchase an existing business to qualify for the E-2 visa. However, the business must still meet all of the E-2 visa requirements, and the investment must be considered substantial.

Can I invest in a US business while on a tourist visa?

A: No, you cannot invest in a US business while on a tourist visa. You must have an E-2 visa to invest in a US business.

Can I bring my family with me on the E-2 visa?

A: Yes, the spouse and unmarried children under the age of 21 of an E-2 visa holder can also apply for E-2 dependent visas to join them in the US.

Do I have to be the sole owner of the business to qualify for the E-2 visa?

A: No, you do not have to be the sole owner of the business to qualify for the E-2 visa. However, you must own at least 50% of the business or have operational control over it.

Can I work for a US company on an E-2 visa?

A: No, the E-2 visa is specifically for individuals who are coming to the US to invest in and manage their own businesses. It does not allow you to work for a US company as an employee.

How long can I stay in the US on an E-2 visa?

A: E-2 visa holders can stay in the US for an initial period of up to two years, and the visa can be renewed for additional two-year periods as long as the E-2 visa requirements continue to be met.

Can I apply for permanent residency (green card) while on the E-2 visa?

A: Yes, it is possible to apply for permanent residency while on the E-2 visa, but the E-2 visa holder must meet the eligibility requirements for the green card category they are applying under.

Are you an entrepreneur looking to invest in the US market? The E-2 visa could be the perfect opportunity for you to start or expand your business in the United States. With the E-2 visa, you can invest in a wide variety of businesses, from franchising and real estate to consulting and manufacturing. The possibilities are endless, and with the E-2 visa, you’ll have the flexibility to pursue the business opportunity that best suits your skills and interests.

Call an Immigration Attorney Today to Learn Your E-2 Visa Business Options

But that’s not all – the E-2 visa also offers a range of benefits for investors. It allows you to live and work in the United States with your family, providing a great opportunity for your children to attend US schools and universities. Plus, the E-2 visa is renewable, so you can stay in the US for as long as you continue to meet the requirements.

Investing in a business with an E-2 visa can also open up new opportunities for growth and expansion. With the US market being one of the largest in the world, the potential for success is high. Additionally, having a business in the US can lead to connections and partnerships with other businesses, both domestic and international, providing even more potential for growth and success.

Aside from immigration, we also help with the following cases:

To learn more about E-2 visa and if you have any immigration questions, don’t hesitate to contact our North Carolina immigration. Call us now!

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