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Video - Business Immigration

What are the Qualifications for an E2 Investor Visa?

By January 10, 2023April 26th, 2024No Comments

Transcript: What are the qualifications for an E-2 investor visa?

Hi, everyone. I’m attorney Hashim Jeelani, principal at Jeelani Law Firm. Over the last 10 years, Jeelani Law Firm has successfully filed thousands of immigration cases with agencies throughout the United States and overseas.

This video will address the most crucial components of what the E-2 visa is and how to qualify for it.

Firstly, what is an E-2 investor visa? An E-2 visa allows individuals that are citizens or nationals of treaty countries to invest a substantial amount of money into the U.S in a real and operating business. A list of the eligible treaty countries can be found on the U.S Department of State website by doing a quick online search.

How much money do you need to invest to qualify for an E-2 visa? Although there is no specific amount required under the law, the amount must be substantial. Generally, we found an amount of approximately $100,000 to be generally sufficient enough to meet the substantial investment amount requirement as determined by the U.S immigration agencies. The amount invested is considered to be substantial when it is deemed sufficient to ensure the likelyhood that the investment will be successful and that the investor will be committed to its success. Although amounts even lower than $100,000 can qualify, such investments will likely be scrutinized to a greater degree under the substantial investment required.

What percentage of the company does the investor have to own to qualify for an E-2 visa? Under the requirements of the E-2 visa laws, the investor must generally own at least 50 percent of the organization to be able to show his or her ability to control the organization.

What type of business qualifies under the E-2 visa? There are no limitations to the business type that qualifies for an E-2 visa except that it must be a legal, real and operating business and it must produce goods or services for profit.

Can you purchase real estate or stock in a company to qualify for an E-2 visa? Real estate purchases or stock purchases alone will not qualify under the E-2 visa requirements as they are passive Investments. They do not allow for you to show that you are investing a substantial amount into a real and operating business. However, if the real estate purchase is part of a business investment such as a warehouse or an office building then the amount used to make the purchase of the real estate can count towards the investment. As to the stock purchase, unless the stock purchase comes with the right to control or develop the organization, it will generally not meet the substantial investment requirement.

How long can an E-2 investor stay in the US? There is no limit to how long an investor can stay on the E-2 status in the US. So long as the business invested into is in operation, the investor will be able to continue qualification for E-2 status. However, you must ensure that the E-2 visa and status are renewed before the validity dates expire.

Can family members of the E-2 visa holder come with? Yes, the spouse and children under the age of 21 can come with the investors to stay in the U.S. The spouse of the E-2 visa holder is authorized to work and can get a Social Security number. However, the children of the E-2 investor may not work although they may lawfully attend school up until the age of 21 under the E-2 dependent status. If the E-2 dependent children are coming close to turning 21, they’ll be required to pursue a change of status to another qualifying status, such as a student visa, before they are disqualified from the E-2 dependent status.

If you have any questions specific to your case or need more information, call our office to schedule a phone consultation with a senior attorney at Jeelani Law Firm. Thanks for watching this video. I’m attorney Hashim Jeelani. Don’t forget to click the like, subscribe and bell buttons to be notified every time I upload a new video.

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.