Tuesday, July 29, 2014
Last Updated: May 25, 2014
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E2 Investor Visa | E2 Visa

Nationwide E2 Investor Visa Lawyer | E2 Visa

The Ranchod Law Group works with investors throughout the world to help them with all of their E-2 treaty investor visa and immigration needs. An E-2 visa is available for foreign nationals living in countries with which the United States has a treaty relationship. If you are interested in learning more about E-2 investor visas, contact The Ranchod Law Group in San Francisco, California, to schedule a consultation.

Requirements for E-2 Treaty Investor

In order to qualify for an E-2 investor visa you must meet the following requirements:

  • Treaty of commerce or friendly nation status exists with the United States
  • Applicant possess the nationality of the treaty country
  • Applicant has invested or is actively in the process of investing
  • Investment focus is a real and operating commercial enterprise
  • Investment is substantial
  • Investment is more than a marginal one solely to earn a living
  • Applicant is in a position to develop and direct the enterprise
  • Applicant maintains majority control over the investment funds
  • Applicant intends to depart the U.S. when the E-2 status terminates

Investment Requirements

To qualify, you must demonstrate that you have possession and control of the funds you have invested. The investment must be made in an organization in which you may realize return on your investment, or conversely face possible loss of the investment. Therefore, a substantial donation to a non-profit organization will not qualify for an E-2 treaty investor visa.

In addition, there are complex criteria that pertain to commercial loans and indebtedness. Whatever portion of the investment is not subject to an element of risk may not be considered legitimate for E-2 visa consideration. Funding the investment with loans secured with personal assets place your assets at risk, and therefore is considered legitimate for consideration.

Funds must be Irrevocably Committed

The funds or assets to be invested must be committed to the investment and the commitment must be real and irrevocable. Moreover, you must be close to the start of actual business operations, not simply in the stage of signing contracts or scouting for suitable locations and property. Merely having the intent to invest, possessing uncommitted funds in a bank account, or having investment arrangements entailing no present commitment, are not adequate for E-2 treaty investor visa purposes.

The Investment Must Be Substantial

To determine whether you meet the substantial investment requirement, consular officers reviewing E-2 visa applications will view the proportionate amount of funds invested, as evidenced by the proportionality test, in light of the nature of the business and the projected success of the business. The proportionality test is a comparison between two figures: the amount of qualifying funds invested, and the cost of an established business or, if a newly created business, the cost of establishing such a business.

For more information on L1 Visas, please visit the E2 Visa section of our blog.

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To learn more about the complexities of obtaining an E-2 treaty investor visa, contact The Ranchod Law Group for a consultation.