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 'principal trade'?
When over 50 per cent of the volume of the treaty trader's international trade is conducted between the U.S. and the country of nationality it is termed as principal trade.
What is L-1 visa?
The L-1 work visa is a nonimmigrant visa which allows foreign nationals being transferred by their current employer to enter into the U.S. to manage an organization or a major function or division of an organization.
What is L-1 Blanket?
U.S. companies that are branches, subsidiaries or affiliates of foreign companies that frequently transfer their non-U.S. employees to their related U.S. companies
What is L1 Blanket petition?
The L-1 Blanket petition is a procedure through which a very large company may pre-qualify to transfer its L-1 employees. Once the L-1 Blanket is approved, the company may transfer people to the U.S. on L-1 visa quickly and on short notice without having to file a separate petition for each employee with the United States Citizenship and Immigration Services.
What is L2 visa?
The L2 visa allows the dependent spouse and minor, unmarried children of qualified L-1 visa holders to enter into the U.S.
What are the limitations of E-1 visa?
The limitations of E-1 visa are:
1. You are restricted to working only for the specific employer or self-owned business that acted as your E-1 visa sponsor
2. Visas are available only to foreign nationals of countries having trade treaties with the U.S.
3. Visas are approved for two years at a time which makes the application or extension process cumbersome
What does managerial capacity mean?
"managerial capacity" means that the employee primarily manages the organization, controls the work of other supervisors, or manages a function, has the authority to hire or fire, exercise discretion over the day-to-day operations or function for which the employee has the authority.
What is 'substantial trade'?
Substantial trade is that volume sufficient to ensure continuous flow (numerous transactions over time) of international trade between the U.S. and treaty country. There is no value or volume minimum. However, smaller businesses are expected to yield income sufficient to support the treaty trader and his or her family.