What is a substantial amount to invest in order to qualify for the E-2 category?
In order for an investment to be substantial, it must meet one of the following :
It must be proportional to the total value of the particular enterprise in question;
It must be an amount normally considered necessary to establish a viable enterprise of the type contemplated (this is normally applied to new businesses.)
Please see the following scale as a guide line with regards to substantial investments :
Total Value of business or cost to start new business Minimum percentage of investment Required
Less than $500,000 75%
$500,000 to $3,000,000 50%
More than $3,000,000 30%
Are there any travel restrictions on E-2 investor visas?
No, there are no travel restrictions on E-2 visa. You may travel as many number of times as required before the expiry of your E-2 status. The USCIS also does not impose any time limit on your stay abroad.
Can I change status while on E-2 visa?
Yes, you may apply for change of status while on E-2 visa. You must submit Form I-129, Petition for Nonimmigrant Worker, indicating your change of status with appropriate supporting documents.
How long can I stay in the US on investor visa?
You may stay on a prolonged basis with unlimited five year visa extensions or two year status extensions as long as you maintain E-2 qualifications. There is no limit on the number of extensions you can take.
What privileges do I enjoy on E-2 visa?
On E-2 visa, you may:
• Work legally in the company that is the investment vehicle in the U.S.
• Travel freely in and out of the U.S.
• Stay on a prolonged basis with unlimited two year extensions as long as you maintain E-2 qualifications
• Bring your dependents or accompanying relatives and your spouse may also work while in the U.S.
How do I qualify for E-2 visa?
To qualify for E-2 visa:
• You must be the national of the country that has an investor treaty with the U.S. and you are involved in international trade
• You must be serving your company in a capacity that is supervisory or executive in nature or involves skills essential to the operation of the business (key employee); or you are a 50 per cent owner of the company
• Your nationals own at least 50 per cent of the stock of your company i.e. the firm has the nationality of the treaty country
• You are investing or your company has invested substantial amount that is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the U.S.
• The U.S. business will involve in active trade or rendering of services
• You intend to depart at the conclusion of your duties in the U.S.
What is E-2 treaty investor visa?
The E-2 treaty investor visa is a nonimmigrant visa which allows foreign entrepreneurs from treaty nations to enter into the U.S. and carry out investment and trade activities.
Note: Investment activities include purchase of a new business. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.
What is E-1 visa?
The E1 visa for Treaty Traders and Employees allows nationals from countries that maintain an appropriate treaty of commerce and navigation with the U.S., to enter the U.S. to conduct trade between the U.S. and their home country.
When should I apply for Re-entry Permit?
You must apply for Re-entry Permit before leaving the U.S. Failure to do so may cause you to lose permission to re-enter the U.S. and lead to the denial of any other applications.
What is consideration?
Consideration is when one party gives up something or promises to give up something in exchange for something given up by the other party. Generally, a promise by one party without consideration in some form does not result in a contract. Each party must extend consideration to the other; however, the value of the consideration does not have to be equal.
Consideration can be money, property, rights, services or the promise to do or not to do certain things. However, a duty that a party can refuse to perform is not considered consideration.
What is acceptance?
Acceptance is an assent by the party to whom the offer is made showing that the person agrees to all of the terms offered. An offer is not binding unless the other party accepts it. Like an offer, acceptance can be express or implied. Generally, an affirmative action is necessary for acceptance of an offer; silence does not constitute assent.
Can I revoke my offer?
Yes, you can revoke an offer any time before it is accepted. In order to revoke your offer, you must communicate the revocation to the other party. The revocation is effective once it is made.
Is an advertisement an offer?
No. An advertisement is generally considered an invitation to bargain.
What is an offer?
An offer is a promise and a request for something in return. Offers can be written or implied.
What kind of contacts should be in writing?
• contracts to pay the debts of another person;
• contacts for the sale of land or any interest in real property;
• contracts which require more than 1 year to perform;
• prenuptial agreements;
• contracts for the sale of goods worth $500 or more; and
• Contracts for the lease of goods worth more than $1,000.