Live legally in the US
WHAT IS THE US E-2 VISA
The U.S. E-2 Visa offers entrepreneurs from treaty countries the opportunity to live and work in the United States by investing in a business they own and actively manage. It’s a popular option for those who want to take control of their future without the high investment thresholds of other visa programs. Though there’s no established minimum investment for the U.S. E-2 Visa, an investment of at least USD 100,000 is typically recognized as a serious commitment for visa consideration. To qualify for the visa, applicants must own at least 50% of the business and be directly involved in its daily operations — this isn’t a passive investor visa.
Once approved, visas are valid for up to five years, but can be renewed indefinitely, as long as the business remains active and tax compliant. With the right planning, a U.S. E-2 Visa can provide a long-term pathway for individuals looking to develop an enterprise while living and working in the United States.
BENEFITS OF THE E2 VISA
The U.S. E-2 Visa provides many benefits to investors looking to live in and operate business in the U.S. – some of which may prove more applicable to those actively assessing whether to make an investment in the EB-5 Programme or in a visa programme.
Quick processing time of two to three months.
Payment of taxes only on the income generated from the E-2 business, and not on income earned outside of the U.S.
No minimum investment amount specified.
Ability to extend the visa term indefinitely as long as the E-2 business remains operational.
Allows for an applicant’s spouse to work legally and children under age 21 to attend school at local rates.
Simplified source of funds process relative to that of the EB-5 Programme.
Ability to immediately migrate and commence work in the E-2 business.
Provides greater travel flexibility for investors relative to the EB-5 Programme.
ACCESSING THE E-2 VISA
The E-2 Visa is only accessible by citizens of countries with a US E-2 Treaty. There are currently 80 countries with E-2 Treaties. Citizens of these countries receive visas valid anywhere from three months to five years dependent on the type of E-2 Treaty their country holds with the US.
Fortunately, Grenadians, hopeful of establishing or expanding their businesses into the US, have the benefit of being able to access the US E-2 visa due to the country’s longstanding treaty with the US. Established in March 1989, Grenada’s E-2 Treaty allows nationals of the Caribbean nation to access a five-year E-2 Visa. The visa can be renewed indefinitely as long as the underlying business with which the it is attached, continues to be operational and tax compliant. As for the Grenadian applicant, he/she is able to include a spouse, and unmarried children under the age of 21 on the visa application.
E-2 VISA APPLICATION: A 2 to 3 MONTH PROCESS
To obtain a U.S. E-2 Visa, investors must first establish a business in the U.S. This business can be an existing business that the investor purchases, a new business that is established, or a franchise that is purchased and developed. In-fact, there are U.S. based companies that offer franchises with pre-developed business models that satisfy E-2 requirements. Though purchasing a franchise with a pre-defined business model and management structure may be efficient for some investors, it is always advised that investors purchase or create businesses in keeping with their interests and specialities – especially as the business will be their sole form of employment within the U.S.
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NECESSARY STEPS
- Select a U.S. immigration lawyer to provide guidance and pay the required legal fees.
- Complete the required immigration forms and collect the necessary supplemental documents.
- Find a suitable business opportunity (franchise or otherwise) and create a business plan for the selected business opportunity through the assistance of a third-party business planner, if required.
- Purchase the business opportunity and incorporate the company through the assistance of a corporate attorney.
- Place the investment amount for the business opportunity in an escrow account.
- 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 passport with the E-2 Visa included from the US Embassy.
CONVERTING AN E-2 VISA TO AN EB-5 INVESTMENT
A U.S. E-2 Visa cannot naturally convert to permanent residency in the U.S. However, through efficient planning, a U.S. E-2 Visa investment could be converted to an EB-5 investment through which an investor can get permanent residency. As the E-2 business matures, the investor may use the E-2 business and other capital and assets to meet the financial investment threshold and qualify for the EB-5 Programme.
“Changing one’s status from an E-2 Visa to EB-5 is possible based on the specifics of each case. There are a number of factors that must be considered to evaluate if an investor can qualify. At the Law Office of Robert Abedi, we have helped many E-2 investors convert to the EB-5 programme. For more information, about the E-2 Visa or how to convert to the EB-5 Programme, contact us.“
…Robert Abedi: Founder and principal of the Law Firm of Robert Abedi and Associates, LLC.