The E-2 visa is slightly different, as it allows foreign nationals to sponsor themselves under these guidelines. First, it allows the foreign national to enter and work in the United States based on an investment in a new or existing U.S. business. It is valid for three months and up to five years, but can be extended indefinitely depending on the country of origin. The second requirement is that the foreign national invests at least $100,000 into the business. Finally, it requires the foreign national to prove a 50% ownership of the business or hold managerial/operational control of the day-to-day proceedings.
E2 visas are also available to non-investor employees of the business if the persons are of the same nationality as the investor and are destined for a role in the U.S. business that is either executive/supervisory or requires specialized skills that are essential to the efficient operation of the U.S. enterprise.
According to the U.S. government, 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. In addition, showing a risk of capital loss is important to qualify as an investment. The investor visa holder must show that funds have been received or generated legally. The business with which the investor is engaging must have a dedicated location and must not be operated from the investor’s home.
The E2 visa is valid for up to two years with unlimited extensions of two additional years. As with all visas, you must show intent to depart the United States when your E2 visa expires. Granting of the E2 visa varies situationally, so it is recommended that you contact us for a free consultation.
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