Grenada, West Indies —Grenada is one of three Caribbean countries, whose nationals are eligible to apply for the U.S. E-2 Visa and ultimately work and live in the U.S. This non-immigrant visa – the product of a treaty of commerce and navigation between the United States and Grenada – allows Grenadians and their nuclear family to relocate to the U.S. by way of having a majority ownership interest in a business.
But how exactly does a Grenadian access the U.S. E-2 Visa, and what are the eligibility requirements to apply, and maintain the visa? This blog outlines the basics of the U.S. E-2 Visa for Grenadians looking to explore a different legal pathway to residing in the United States.
What Is the U.S. E-2 Investor Visa and its Key Benefits?
The E-2 visa is a non-immigrant U.S. visa that allows citizens of treaty countries to live and work in the United States by making a substantial investment in a business. This investment must involve active, at-risk funds — not passive income. To qualify, the investor must own at least 50% of the business and be directly involved in its daily operations.
E-2 visas are typically granted for a period of up to five years, but are renewable as long as the underlying business is operational and tax compliant. Despite the validity period of the visa, visa-holders are only allowed to stay in the U.S. continuously for a period of two years, which is documented via the U.S. I-94 card – the arrival/departure record. A visa-holder who stays longer than the two-year period will be considered out of status. To stay in status, visa-holders must depart the U.S. before the expiration of their status and re-enter thereafter to obtain a new I-94 card and reset their status allowance.
Unlike the EB-5 Programme which facilitates permanent residency and a Green Card through an investment in a business enterprise, the E-2 Visa does not directly lead to permanent residency. What it does do, however, is limit an investor’s tax exposure. Being a non-immigrant visa, E-2 investors are only required to pay taxes on the income earned in the U.S. – not on income earned worldwide – a requirement of Green Card holders.
A key benefit of the E-2 Visa for visa-holders is its ability to allow nuclear family members to access the U.S. on one family application. An E-2 Visa application can include an applicant’s spouse, as well as an applicant’s children, who are unmarried and below age 21. Importantly, spouses of applicants are allowed to work freely within the U.S. and children are eligible to access in-state tuition rates at U.S. Schools while in status. Children who turn age 21 will automatically lose their E-2 Visa status and will be required to obtain their own independent visa status to remain legally in the U.S.
Grenadians and the E-2 Investor Visa
Grenada is among 80 countries with an E-2 treaty agreement with the United States. This allows Grenadians, wherever they are in the world to apply for the E-2 Visa. Grenada’s treaty with the U.S. dates back to March 3, 1989. Unlike other E-2 Treaties that provide visas valid for a period of three months, one year, or two years, Grenada’s E-2 Treaty provides Grenadians with visas that are eligible for five years in the first instance.
Grenadians of all kinds – meaning Grenadians, who are born in Grenada, or naturalised through descent, marriage, or Grenada’s Citizenship by Investment Programme, are all eligible to apply for an E-2 Visa. However, a December 2022 amendment to the U.S. E-2 law introduced requirements for nationals of treaty countries, who acquired citizenship through an investment in the country. For these nationals to be considered eligible to apply for an E-2 Visa, they must first be domiciled in their new country for a period of three years.
As for family applications, the treaty imposes nationality requirements only on the main applicant. In this way, Grenadians with multi-national families, are able to relocate legally to the U.S. and experience the benefits of having an E-2 Visa just like applicants, who apply with Grenadian family members.
For Grenadians living in Grenada, visa applications can be made at the U.S. Embassy in Bridgetown, Barbados.
Investment Criteria and Application Requirements
Applications for E-2 Visas are reviewed on a case by case basis by the U.S. embassy where the application is submitted and take into account the viability of the business, the applicant’s qualifications, and the overall economic impact of the investment. Though there is no officially set minimum investment amount for the visa, successful applicants typically invest between US$100,000 to US$250,000 into a viable, legitimate and active U.S. business. This can include startups, acquisitions, or franchise operations. Although the source of funds requirements are less robust with E-2 Visa applications than with that of the EB-5 Programme, applicants are required to provide at-risk funds that were earned through legitimate business activities.
E-2 Visa applications can take two to three months to be approved. The presubmission and postsubmission process, requires applicants to action the following steps:
- Select and pay a U.S. immigration lawyer to guide and submit the application.
- Complete the required immigration forms and collect supporting documents.
- Find a suitable business opportunity (franchise or otherwise) and prepare a business plan.
- Purchase the business opportunity and incorporate the company through the assistance of a corporate attorney.
- Escrow the required business investment.
- File the E-2 Visa application at the nearest US embassy.
- Attend a visa interview at the US embassy.
- Undergo security clearance by the U.S. Government.
- Submit passport to the U.S. Embassy.
- Collect the passport with the E-2 Visa included from the US Embassy.
In Summary
The E-2 Investor Visa offers a practical and relatively accessible path for Grenadian citizens to establish a business presence in the United States. While it requires careful planning, documentation, and a significant financial commitment, it remains a flexible and renewable option for those with entrepreneurial ambitions.
Grenadian nationality, either by birth, descent, or investment, provides access to this visa route but applicants should approach the process with a long-term business mindset and an understanding of the regulatory requirements.
Those considering this option are encouraged to consult with licensed immigration professionals and qualified legal advisers to assess suitability and prepare a robust application.
