How to Start a Business in the U.S. With an E-2 Investor Visa

If you are an international entrepreneur or investor wondering how to start a business in the U.S. with an E-2 investor visa, the answer begins with understanding who can apply. This program is available to nationals of countries that maintain qualifying trade and commerce treaties with the United States, allowing eligible investors to enter and work in the country by making a substantial investment in certain businesses.

Our immigration attorneys at Monty & Ramirez LLP have guided business owners and investors in applying for E-2 visas for over 25 years. We understand the legal requirements, documentation demands, and strategic planning that go into a successful application. Our clients appreciate full-service representation from our attorneys who are well-versed in both business and immigration law.

Know E-2 Visa Requirements Before Investing

Before applying for an E-2 investor visa to start a business in the United States, you and your intended investment must generally meet the following criteria:

• Treaty country citizenship: You must be a national of a country that maintains a qualifying trade and commerce treaty with the United States
• Substantial investment: Your capital commitment must be meaningful in relation to the full cost of acquiring or launching the enterprise
• Direction and development: You must have operational control of the business, typically through at least 50 percent ownership or a managerial role
• Active commercial enterprise: You must invest in a genuine business that is actively operating or being actively developed, as simply holding property or financial assets is not sufficient
• More than marginal income: The business must generate, or have a realistic capacity to generate, income beyond what you need to support you and your family

Meeting each of these requirements requires thorough documentation and careful preparation. We could help you assess your situation and build the strongest possible application.

What Does Applying for an E-2 Visa Entail?

While every case is different, starting or investing in a business generally begins with verifying that your country of citizenship has an active E-2 treaty with the United States. Once you confirm this, you may purchase an existing business, acquire a franchise, or launch a new venture, as long as it meets program requirements. You will need to provide thorough documentation that you have irrevocably committed capital to the enterprise, including the source and transfer of your funds.

An additional part of preparing your E-2 visa application includes assembling a detailed business plan, as well as providing financial projections, proof of investment, and supporting legal documents. After you collect this information, you can file your application and attend your visa interview. This typically takes place at a U.S. consulate or embassy in your home country.

As the government grants E-2 visas in increments and requires visa renewals, you will want to plan for the long term if you intend to remain in the country to operate your business. We have experience evaluating E-2 visa eligibility, preparing documentation, and anticipating potential issues, so one of our attorneys could help you understand this process and avoid costly mistakes.

Call Us to Learn About Starting or Investing in a U.S. Business With an E-2 Visa

The opportunity to build a business is within reach for qualifying investors, but preparing your application requires careful legal planning. Our team at Monty & Ramirez LLP could provide tailored advice on how to start a business in the U.S. with an E-2 investor visa so you can proceed with confidence. Whether you are beginning to explore your options or are ready to start your application, we could answer your questions. Contact us today to schedule a consultation.