An E-2 visa is an investor visa available to anyone from an E-2 treaty country who wants to live in the US and start their own business. This visa is not available to everyone, but only to foreign nationals who are from countries that have a visa treaty with the US. India and China do not have this visa treaty, but countries like Canada, the UK, Japan, and many European nations do. Indians can apply for this visa if they become citizens of any of these treaty countries, as the eligibility is based on citizenship and not on the country of birth. An E-2 visa is a non-immigrant visa, and it does not directly lead to a Green Card.
Who can apply?
- A citizen of a country that has a valid E-2 treaty with the United States.
- An entrepreneur with a substantial investment in a real operating business.
- The business cannot be “marginal.” This means it must have the present or future capacity to generate significantly more income than just what is needed to provide a living for you and your family. It should ideally create jobs for US workers.
- You must be coming to the U.S. to develop and direct the enterprise
The law doesn’t state a specific minimum dollar amount, but the investment must be “substantial.” In practice, this usually means a minimum of $50,000 to $100,000+, depending on the type of business. The capital must be enough to ensure the business’s successful operation.Immigration attorney Adrian Pandev said many assume that they have to start a business from scratch in the US but they can also acquire an already running business and that is, in fact, easier.“Many assume that you have to start a US business from scratch to get an E-2 visa. But that’s not true and buying an existing US business can work even better,” Pandev said.“The purchase price itself can satisfy the substantial investment requirement. Plus an established business comes with revenue, employees, and a track record, which answers the viability questions consular officers always ask,” the attorney added.“Almost any legitimate business can qualify. I have seen successful E-2 cases for everything from custom art, NFTs, and airsoft ranges to more traditional ventures like restaurants, franchises, and professional services. If you are considering an E-2 visa, don’t overlook acquiring a business that is already up and running,” he suggested.
