E-2 Treaty Investors

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The E-2 non immigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a "substantial amount of capital" in a U.S. business. 

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What is "substantial" varies depending on the type of business, but there is a major misconception among international investors that this means hundreds of thousands, or even millions of dollars, which is entirely incorrect.

 

I have obtained E-2 status for company investments as low as $60,000.

 

To paint the practical picture of such an example: 

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'Investor A' is a Canadian business owner. After consulting with me about the E-2 requirements, they visit the United States with the intention of starting a business in Anaheim, California. They arrive, form an LLC, open a bank account, lease premises, buy inventory, hire their first employee, and begin to oversee initial operations, all at a cost of around $60,000.

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'Investor A' has created a viable E-2 visa vehicle. Not only can Investor A now file for a 5-year, multiple entry and infinitely renewable E-2 investor visa to live and work in the USA running their new business, but their spouse and children (under 21) are eligible for the same visa too.

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Investor A's spouse is able to obtain broad authorization to work in their chosen field, and their children can immediately enroll in an American school.

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For a relatively affordable sum, Investor A and his family have started a new life in the United States, supported by their new business.

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E-2 Essential Employees

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Similarly, once the initial investor visa is approved for the E-2 investment company, certain employees from the investor's home country may also be eligible to come work for the new business on an E-2 essential employee visa. 

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To qualify for E-2 classification, the employee of a treaty investor must:

• Be the same nationality of the principal alien employer (who must have the nationality of the treaty country);

• Meet the definition of “employee” under relevant law; and

• Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

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The International Investor's Visa of Choice

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The E-2 visa has been around for over 2oo years in one form or another (the U.K. signed its treaty in 1815). Given it is an investment visa that creates new U.S. businesses which in turn create jobs and generate taxable revenue, applications are welcomed by the U.S. Government. The E-2 visa has then never been used as a  'political football', with lawmakers understanding the huge benefits it confers on the economy.

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The combined factors of being relatively low cost, family friendly and permitting holders to come and go as they please from the U.S. to the Old Country, makes the E-2 visa the vehicle of choice for the savvy international investor.

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A Unique Collaborative Process 

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Having prepared a large number of E-2 applications for a staggering variety of business models, I understand intimately that the act of setting up a new business in the United States requires input from a number of other professionals; business planners, real estate brokers, corporate counsel, franchise brokers and so on.

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For this reason I now work closely with a professional visa  & business planning concierge (www.vizamerica.com). Under my supervision, Vizamerica constructs the pure-business planning and financial presentation aspects of your filing, and so much more.

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With other law firms, you as the client would be left to form your company, obtain your EIN number, locate business premises and housing, as well as to prepare and present your highly detailed financial forecasts for your investment entity.

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With a collaborative approach, not only do you get expert business immigration legal counsel, but also a team of dedicated professionals who assist you in preparing documentation on your new business that you would otherwise be left to prepare alone.

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The below video explains how this collaborative process works via the magic of animation:

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This approach not only enables you to save time and focus on building your new venture as your application is being prepared, but has been constructed in such a way so as to keep the total costs the same as law firms that do not offer this additional support.

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For more details on whether the E-2 investment visa is right for you, please book a free consultation and we will discuss whether we can make the American Dream happen for you.

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