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An E2 visa or “investor by treaty” is a non-immigrant visa that allows a foreign investor to live and work in the United States through a relatively fast process. The investor must be from a signatory country of the E2 treaty with the United States and must intend to come to the United States to manage and develop his commercial enterprise. The good faith enterprise must be viable and the visa applicant must have an active role in the management of the business.
Investors can also include their spouse and any unmarried children under the age of 21 in the application. The spouse of a visa holder can apply for employment authorization to work anywhere in the US, which other non-immigrant visas such as H1-B and TN do not offer. In addition, the children of the beneficiaries do not need a student visa to enroll in a school and can benefit from reduced tuition amounts at certain colleges and universities.
What is the E2 Visa?
The E-2 is a temporary visa available to citizens of countries that have an investor treaty with the United States. Although it does not offer permanent residence (green card), the E-2 allows the investor and his family to live and work in the US while the business is active and compliant with visa requirements.
Requirements for Obtaining the E2 Visa
To qualify for the E-2 visa, the applicant must meet the following criteria:
- Eligible Nationality: The investor must be a citizen of a country that has a trade agreement with the US. See here the countries of the treaty
- Substantial Investment: It is necessary to make a significant investment in a business in the US. There is no defined minimum amount, but investments above 100,000 dollars are usually considered. The business must be operational or be in the process of becoming operational, with the potential to generate profits.
- Business Control: The investor must own at least 50% of the business and be directly involved in its management.
- Risk and Commitment: The invested capital must be in commercial risk, that is, it cannot be just a passive application.
E-2 Visa Benefits
The E-2 visa has significant advantages for entrepreneurs and their families:
- Entry and Stay in the US: The visa holder can live in the US as long as the business is active and in compliance with the requirements.
- Renewal Flexibility: The visa is renewable indefinitely, as long as the requirements are met.
- Family Authorization: The investor’s spouse can apply for a work permit in any area in the US, and children under 21 can study in American schools and universities.
- Possibility of Expansion: The E-2 does not require the creation of large-scale jobs, but businesses that generate a positive economic impact have more chances of approval.
E-2 Visa Limitations
Although it is an affordable path for many investors, the E-2 has some limitations:
- Does not offer Green Card: E2 does not lead directly to permanent residence, although there are legal strategies to migrate to other visas that can lead to the green card.
- Business Dependency: The visa status is directly linked to the success and continuous operation of the business.
- Limited Eligibility: Only citizens of countries with trade treaties are eligible, which may require a second citizenship.
ATTENTION: The information presented in this topic should not be interpreted as legal or immigration advice. AMG International Realty, as a real estate agency, does not provide services or advice in visa or immigration processes, nor is it responsible for any decisions or actions taken based on the information provided in this article. If you want to know more about the different types of visas, we recommend that you seek guidance from an immigration lawyer or properly qualified specialized consultant. We can indicate offices in Florida.
Do you want to move to Florida?
AMG International Realty is a global real estate consultancy specialized in Florida, focusing on serving the foreign public. Our commitment goes beyond the simple purchase or sale of real estate. We recognize that acquiring a property abroad can be part of a strategic investment, a vacation haven or a crucial step in a broader life-changing process for a different country, with all the challenges and decisions that this involves. Therefore, our mission is to act as your trusted partner at all stages, offering support before, during and after the acquisition of the property.
I am available to help you with all your needs. Contact me right now by WhatsApp: +1 305 761 2655 (Heloisa Arazi).
