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E-2 Visa Success Starts Here: Mohaajer’s US-Based Solutions

What is the E-2 Visa?

The American E-2 visa is a popular option for those looking to run and invest in a business in the United States. This comprehensive guide will address every facet of the E-2 visa, including eligibility requirements, application process, benefits, and considerations for individuals.

The Purpose of E-2 Visa

The E-2 visa is a non-immigrant visa that allows individuals from treaty countries to enter the United States to invest substantial capital in a U.S. business. The principal aim of the E-2 visa is to facilitate trade and investment between the U.S. and treaty countries by encouraging foreign nationals to invest in U.S. businesses, thereby stimulating economic growth and job creation.

Investment Criteria on E2 Visa

There is no specific minimum investment amount required for an E-2 visa. Instead, the investment must be substantial enough to ensure the success and viability of the enterprise. The exact amount considered substantial can vary depending on factors such as the type of business, its size, industry norms, and the overall cost of establishing or purchasing the enterprise. Generally, the investment should be proportional to the total cost of either starting a new business or acquiring an existing one. It’s important for E-2 visa applicants to demonstrate that their investment is sufficient to support the business and its operations, as this is a key requirement for eligibility. However, a minimum investment of $100,000 is deemed appropriate for this visa application.

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Benefits and Limitations of E-2 Visa

The E-2 visa offers several benefits to eligible applicants:

Flexibility

E-2 visa holders can live and work in the United States for their visa validity, typically renewable indefinitely as long as the investor meets the requirements.

Spouse and Dependents

E-2 visa holders can bring their spouse and unmarried children under 21 to the United States as dependents. Dependents can study in the U.S., and spouses may apply for work authorization.

Investment Opportunity

The E-2 visa allows individuals to invest in and manage a U.S. business, giving them a chance to participate in a U.S. enterprise’s development and success.

Potential for Permanent Residency

While the E-2 visa is a non-immigrant visa, successful investors may eventually qualify for permanent residency through other avenues, such as employment-based immigrant visas or family sponsorship.

However, there are also limitations to consider:

Treaty Requirement

The E-2 visa is only available to individuals from countries with a treaty of commerce and navigation with the United States. Not all countries have such treaties, limiting eligibility.

Substantial Investment Requirement

To qualify for an E-2 visa, the investor must substantially invest in a U.S. business. The specific amount required varies depending on factors such as the type of business and its location.

Business Ownership and Management

E-2 visa holders must own a significant portion of the U.S. business and take a hands-on approach to managing and running it. Passive investments like stocks or real estate do not typically qualify.

Renewal Requirements

E-2 visas are normally presented for a brief time, usually no more than five years initially, and are subject to renewal. To renew the visa, the investor must demonstrate that the business is still operational and that the investment meets the visa requirements.

No Direct Path to Permanent Residency

Unlike other visa categories, such as the EB-5 immigrant investor visa, the E-2 visa does not offer a direct path to permanent residency (green card) status. E-2 visa holders must explore other immigration options to obtain permanent residency in the U.S.

Requirements for Investors in E-2 Visa

To qualify for an E-2 visa as an investor, individuals must meet certain requirements:

1. Citizenship

The investor must be a citizen of a country with a commerce and navigation treaty with the United States. Notably, the investor must hold citizenship of the treaty country, not just be a permanent resident or another citizen.

2. Investment in a U.S. Enterprise

The investor must have substantially invested in a bona fide U.S. enterprise. The investment must be in an active, operating business, and passive investments such as stocks or real estate generally do not qualify.

3. Substantial Investment

 The investment made by the applicant must be substantial, meaning that it is adequate to guarantee the prosperity and sustainability of the enterprise. No specific dollar amount is required for the investment, but it must be proportional to the total cost of purchasing an existing business or establishing a new one.

4. Ownership

The investor must own at least 50% of the enterprise or have operational control through a managerial position or other means.

5. Source of Funds

The funds invested in the U.S. enterprise must be lawfully obtained. The applicant must provide evidence demonstrating the legitimate source of the investment funds.

6. Business Plan

 The investor must present a comprehensive business plan outlining the nature and scope of the enterprise, as well as the projected financial performance and job creation potential.

7. Intent to Depart

The investor must demonstrate intent to depart the United States upon the expiration or termination of the E-2 status. This can be shown through ties to the home country, such as maintaining a residence, business interests, or family connections.

8. Managerial Role

The investor must actively manage and operate the U.S. enterprise. This can include participating in strategic decision-making, overseeing day-to-day operations, and exercising control over the business’s direction and policies.

Meeting these requirements is essential for investors seeking an E-2 visa to conduct business in the United States.

Requirements for the Business for E-2 Visa

For a business to qualify for an E-2 visa, it must meet several requirements:

1. Treaty Country

The business must be owned by a country’s citizens with a commerce and navigation treaty with the United States. Additionally, if the business is a corporation, citizens of the treaty country must own at least 50% of the shares.

2. Substantial Investment

The business must receive a substantial investment from the E-2 visa applicant or applicants. The investment must be sufficient to ensure the enterprise’s success and viability, and no specific dollar amount is required. However, the investment must be proportional to the cost of purchasing an existing business or establishing a new one.

3. Active Enterprise

The business must be an active, operating enterprise, meaning it is engaged in commercial activities and generates revenue. Passive investments, such as stocks or real estate holdings without active management, typically do not qualify for an E-2 visa.

4. Legitimate Business

The business must be a bona fide enterprise, meaning it is a legitimate business with a valid purpose. It cannot be a marginal enterprise solely created to provide investor income or support visa applications.

5. Job Creation

The business must potentially create jobs for U.S. workers. While there is no specific requirement for the number of jobs created, the business plan should demonstrate the capacity to generate employment opportunities.

6. Business Plan

The E-2 visa application must include a comprehensive business plan that outlines the nature and scope of the enterprise, its financial projections, market analysis, and the potential for job creation. The business plan is evidence of the business’s viability and potential for success.

5. Job Creation

The business must potentially create jobs for U.S. workers. While there is no specific requirement for the number of jobs created, the business plan should demonstrate the capacity to generate employment opportunities.

6. Business Plan

The E-2 visa application must include a comprehensive business plan that outlines the nature and scope of the enterprise, its financial projections, market analysis, and the potential for job creation. The business plan is evidence of the business’s viability and potential for success.

7. Ownership

The E-2 visa applicant must own at least 50% of the business or have operational control through a managerial position or other means.

8. Lawful Source of Funds

The funds invested in the business must be lawfully obtained. The applicant must provide evidence demonstrating the legitimate source of the investment funds.

Meeting these requirements is essential for a business to qualify for an E-2 visa, allowing its owners or investors to conduct business in the United States.

Treaty Country Requirement in E-2 Visa

To qualify for an E-2 visa, an applicant must be a citizen or national of a country with a treaty of commerce and navigation with the United States. This treaty establishes reciprocal trade and investment relations between the two countries. The list of treaty countries can vary, and applicants need to confirm whether their country of citizenship is eligible for the E-2 visa program. Additionally, if the applicant is a corporation, citizens of the treaty country must own at least 50% of the shares. This treaty country requirement ensures that the E-2 visa program is limited to citizens of countries with which the United States has established bilateral economic relationships, fostering international trade and investment.

Types of Investments Allowed for E2 Visa

The E-2 visa program allows for a variety of types of investments, including:

1. Starting a New Business

 Investors can use their funds to establish a new business in the United States. This could involve creating a new company from scratch, obtaining necessary permits and licenses, and building the business from the ground up.

2. Purchasing an Existing Business

Investors can also use their funds to acquire an existing business in the United States. This may involve purchasing all or a portion of an established company, including its assets, customer base, and existing operations.

3. Franchise Investment

Investing in a franchise business is also permitted under the E-2 visa program. Franchises offer a ready-made business model, brand recognition, and support from the franchisor, which can be appealing to investors.

4. Real Estate Development

Investments in real estate development projects, such as commercial properties, residential developments, or mixed-use projects, may also qualify for an E-2 visa. The investment should be substantial and contribute to job creation and economic growth.

5. Expansion of an Existing Business

Investors who already own a business in their home country may use their funds to expand or diversify their operations by establishing a presence in the United States. This could involve opening a branch office, manufacturing facility, or distribution center.

6. Investment in Troubled Businesses

In some cases, investors may be able to use their funds to revive or restructure a struggling business in the United States. This could involve injecting capital, implementing new management strategies, or restructuring debt to restore the business to profitability.

Overall, the E-2 visa program offers flexibility in the types of investments allowed, provided that the investment is substantial, creates jobs for U.S. workers, and meets the other requirements of the program.

Source of Funds for E2 Visa

The “source of funds” refers to the origin or lawful acquisition of the capital used for investment in the United States when applying for an E-2 visa. It’s essential for applicants to demonstrate that the funds used for their investment have been obtained through legitimate means and can be traced back to their lawful source. This requirement ensures that the investment capital is not derived from illegal activities such as money laundering, fraud, or other illicit practices.

When applying for an E-2 visa, applicants are typically required to provide documentation and evidence supporting the source of their investment funds. This may include bank statements, tax returns, business records, property sales agreements, inheritance documents, or other financial records demonstrating the lawful acquisition of the funds. Additionally, applicants may need to provide affidavits, letters from financial institutions, or other forms of documentation to verify the legitimacy of their funds.

The U.S. immigration authorities closely scrutinize the source of funds to prevent money laundering and ensure compliance with immigration regulations. Applicants must be prepared to provide thorough documentation and evidence to support the lawful source of their investment capital when applying for an E-2 visa.

Application Process of E2 Visa

The application process for an E-2 visa involves several steps:

1. Research and Preparation

Before beginning the application process, it’s important for investors to thoroughly research the requirements and eligibility criteria for the E-2 visa. This includes confirming that their home country has a treaty of commerce and navigation with the United States, determining the appropriate type and amount of investment, and gathering the necessary documentation to support their application.

2. Business Formation or Investment

The investor must establish or invest in a qualifying business in the United States. This may involve starting a new business, purchasing an existing one, or investing in a franchise or real estate development project. The investment must be substantial and meet the other requirements of the E-2 visa program.

3. Business Plan Preparation

As part of the application process, the investor must prepare a comprehensive business plan outlining the nature and scope of the enterprise, its financial projections, market analysis, and potential for job creation. The business plan serves as evidence of the business’s viability and the investor’s commitment to its success.

4. Submission of Form DS-160

The investor must complete and submit Form DS-160, Online Nonimmigrant Visa Application, through the U.S. Department of State’s Consular Electronic Application Center (CEAC). This form collects biographical information, details about the purpose of the trip to the United States, and other relevant information.

5. Schedule Visa Interview

After submitting Form DS-160, the investor must schedule a visa interview at the nearest U.S. embassy or consulate in their home country. Visa interview appointments can typically be scheduled online through the embassy or consulate’s website.

6. Attend Visa Interview

On the scheduled date of the visa interview, the investor must appear in person at the U.S. embassy or consulate for their interview. During the interview, a consular officer will review the investor’s application, supporting documents, and eligibility for the E-2 visa. The investor may be asked questions about their investment, business plan, source of funds, and intent to depart the United States.

7. Visa Decision

Following the interview, the consular officer will make a decision on the investor’s visa application. If approved, the investor will receive their passport with the E-2 visa stamp, allowing them to travel to the United States to engage in their investment activities. If denied, the investor will be informed of the reasons for the denial and whether they have any options for appeal or reapplication.

Overall, the application process for an E-2 visa can vary depending on individual circumstances and the specific requirements of the U.S. embassy or consulate where the application is processed. It’s important for investors to carefully follow all instructions and provide thorough documentation to support their application.

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Financial Statements for an E-2 visa

When applying for an E-2 visa, financial statements play a crucial role in demonstrating the investor’s financial capacity and the viability of their investment. These financial statements typically include:

1. Personal Financial Statements

Investors are required to provide personal financial statements detailing their assets, liabilities, income, and expenses. These statements give immigration authorities insight into the investor’s financial resources and ability to make a substantial investment in a U.S. business. Personal financial statements may include bank statements, investment account statements, property deeds, tax returns, and other financial documents.

2. Business Financial Statements

If the investor is purchasing an existing business or investing in a company, they may need to provide financial statements for the business. These statements could include balance sheets, income statements, cash flow statements, and other financial documents that provide an overview of the business’s financial health and performance. Business financial statements help demonstrate the viability of the investment and the potential for generating revenue and creating jobs.

3. Business Plan Financial Projections

As part of the E-2 visa application, investors are typically required to submit a comprehensive business plan that includes financial projections for the U.S. enterprise. These projections forecast the business’s future revenue, expenses, profits, and cash flow over a specified period, usually three to five years. Financial projections help assess the feasibility and potential profitability of the investment, providing immigration authorities with confidence in the investor’s business acumen and the likelihood of the enterprise’s success.

4. Source of Funds Documentation

In addition to financial statements, investors must provide documentation demonstrating the lawful source of their investment funds. This may include bank statements, tax returns, business records, property sales agreements, inheritance documents, or other financial records that show the origin of the funds used for the investment. Source of funds documentation is essential for verifying the legitimacy of the investment capital and ensuring compliance with immigration regulations.

Overall, thorough and well-prepared financial statements are crucial for a successful E-2 visa application. Investors should work closely with immigration attorneys or financial professionals to compile accurate and comprehensive financial documentation that supports their investment and demonstrates their eligibility for the E-2 visa program.

Filing the Petition for E2 Visa

The process for obtaining an E-2 visa does not involve filing a petition in the same way as other visa categories. Instead, applicants directly apply for the visa themselves through the U.S. Department of State at a U.S. embassy or consulate in their home country or country of legal residence.

E2 Visa Interview

The process for obtaining an E-2 visa involves several steps. Initially, applicants must submit the necessary forms and fees online, followed by scheduling an interview at the nearest U.S. embassy or consulate. Before the interview, applicants must gather all required documents, including proof of investment and a detailed business plan. During the interview, applicants can expect questions about their background, business plans, ties to their home country, and intentions after the visa expires. Following the interview, a consular officer will decide whether to approve or deny the visa application. If approved, applicants will receive their visa and instructions for entry into the United States. It’s crucial for applicants to thoroughly prepare for the interview and present their case convincingly.

E2 Visa for Iranian People

Since Iranian citizens are not eligible for the E-2 visa due to the absence of a treaty between Iran and the United States, they may explore alternative visa options to achieve their goals of investing in or starting a business in the United States.

One alternative pathway is the EB-5 immigrant investor program, which allows foreign investors to obtain permanent residency (Green Card) in the United States by making a significant investment in a qualifying U.S. business.

Another option for Iranian citizens is to obtain citizenship from a country that does have a treaty with the United States allowing for the E-2 visa. One such country is Turkey, which has a bilateral treaty with the United States enabling Turkish citizens to apply for the E-2 visa. Iranian citizens who have acquired citizenship in Turkey or any other eligible country with an E-2 treaty may then apply for the E-2 visa through their new citizenship.

However, it’s important to note that obtaining citizenship in another country solely for the purpose of gaining access to the E-2 visa may involve complex legal and residency requirements, as well as significant time and financial investments. Prospective applicants should thoroughly research and consult with immigration attorneys or experts to understand the implications and feasibility of such a pathway.

E2 Visa for Turkish Citizens

Turkish citizens are eligible to apply for an E-2 visa, which allows them to invest in and manage a business in the United States. The application process involves submitting the necessary forms and fees online, scheduling an interview at the nearest U.S. embassy or consulate, and gathering required documents such as proof of investment and a detailed business plan. During the interview, applicants can expect questions about their background, business plans, ties to Turkey, and intentions after the visa expires. Following the interview, a consular officer will decide whether to approve or deny the visa application. If approved, Turkish citizens will receive their visa and instructions for entry into the United States. It’s important for applicants to be well-prepared for the interview and present their case convincingly.

E2 Visa for Canadian Citizens

Canadian citizens are eligible to apply for an E-2 visa, which permits them to invest in and manage a business in the United States. The application process involves submitting the required forms and fees online, scheduling an interview at the nearest U.S. embassy or consulate, and compiling necessary documents such as proof of investment and a comprehensive business plan. During the interview, applicants can anticipate inquiries about their background, business intentions, ties to Canada, and plans after the visa’s expiration. Subsequently, a consular officer will assess the application and decide on approval or denial. Successful applicants will be granted the visa and provided with entry instructions to the United States. Thorough preparation for the interview is crucial for a successful outcome.

E2 Visa for European Citizens

European citizens from countries that have treaties with the United States allowing for the E-2 visa may be eligible to apply. The specific eligibility criteria and application process can vary depending on the individual’s country of citizenship and the terms of the treaty between that country and the United States. Generally, the application process involves submitting the necessary forms and fees, scheduling an interview at the nearest U.S. embassy or consulate, and providing documentation such as proof of investment and a detailed business plan. During the interview, applicants can expect questions about their background, business intentions, ties to their home country, and plans after the visa’s expiration. After the interview, a consular officer will review the application and make a decision on approval or denial. If approved, European citizens will receive their visa and instructions for entry into the United States. It’s essential for applicants to thoroughly understand the requirements and prepare effectively for the interview.

Introducing Mohaajer: Your Premier Partner for E2 Visa Success

US-Based Expertise

With our headquarters nestled in the United States, Mohaajer boasts an intimate understanding of the American business landscape, ensuring personalized guidance tailored to your E2 visa journey.

Decade-Long Legacy

 With over a decade of unwavering commitment, Mohaajer has proudly facilitated the growth and success of numerous businesses across the USA. Our extensive experience speaks volumes about our dedication to excellence.

Business Growth Pioneers

 At Mohaajer, we go beyond mere immigration services; we’re passionate about propelling your business towards unparalleled success. Through meticulous competitor research and market analysis, we pave the way for your business’s ascension.

Strategic GEO Marketing

 Leveraging cutting-edge GEO marketing techniques, we position your business for optimal visibility and profitability. Our strategic approach ensures that your business reaches the right audience, at the right time, and in the right location.

End-to-End Establishment Services

 From inception to expansion, Mohaajer offers comprehensive support every step of the way. Whether it’s company formation, compliance, or strategic planning, we’ve got you covered, allowing you to focus on what truly matters – nurturing your business’s growth.

Tailored Solutions for Success

Recognizing that every business is unique, we craft bespoke solutions tailored to your specific goals and aspirations. With Mohaajer by your side, your dreams of flourishing in the USA become an attainable reality.

The E-2 visa presents a valuable opportunity for investors and entrepreneurs to establish a business presence in the United States. Despite challenges for citizens of certain countries, with careful planning and expert guidance, obtaining an E-2 visa is achievable.
By following this comprehensive guide, individuals can navigate the E-2 visa process successfully and pursue their entrepreneurial goals in the United States.

Embark on your E2 visa journey with confidence. Choose Mohaajer – where expertise meets excellence, and success knows no bounds.

Contact us to turn your investment into a thriving U.S. enterprise!

Frequently Asked Questions

What is the E-2 Visa and who can apply for it?

The E-2 visa is a non-immigrant visa allowing individuals from treaty countries to enter the U.S. to invest substantial capital in a U.S. business. Eligibility is restricted to citizens of countries that have a treaty of commerce and navigation with the United States. Applicants must make a substantial investment in a U.S. business, own at least 50% of the enterprise, and actively manage it.

What advantages and restrictions come with the E-2 Visa?

The E-2 visa offers benefits like flexible renewals, the ability to bring dependents, and investment opportunities in U.S. businesses. However, it requires substantial investment, business ownership, and management, and is available only to citizens of treaty countries. Additionally, it doesn’t provide a direct path to permanent residency.

How does Mohaajer Holding support applicants through the E-2 Visa process?

Mohaajer Holding offers comprehensive services, including personalized guidance, competitor research, market analysis, and strategic GEO marketing. With over a decade of experience, we ensure your business is well-positioned for success in the U.S. We assist with company formation, compliance, and strategic planning, tailored to your specific business goals.

What documents do I need to submit when applying for an E-2 Visa?

Applicants need to submit Form DS-160, personal and business financial statements, a detailed business plan, proof of investment, and evidence of the lawful source of funds. During the visa interview, additional documentation may be required to support your case, including business ownership proof and intent to depart the U.S. upon visa expiration.

Are Iranian citizens eligible for the E-2 Visa, and can Mohaajer Holding assist them?

Iranian citizens are not directly eligible for the E-2 visa due to the absence of a treaty between Iran and the U.S. However, Mohaajer Holding can assist Iranian clients by exploring alternative pathways, such as the EB-5 immigrant investor program, or by obtaining citizenship in a treaty country like Turkey, which would then make them eligible for the E-2 visa.

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