E-2 VISA REQUIREMENTS

You must be a citizen of an E-2 Treaty Country. If you hold multiple nationalities, you may choose any one of your nationalities that is an E-2 Treaty Country. The nationalities of your spouse and any unmarried children under 21 do not affect their derivative E-2 Visas.

You have already invested or are actively in the process of investing. Income, savings, gifts, asset sales, and loans secured by personal assets all qualify as part of your E-2 investment. You are not required to “spend away” all your E-2 investment funds with no chance of getting them back. Instead, the E-2 Visa requires that your funds are irrevocably committed and at-risk, such as an establishing an escrow account or having revoke-clauses in business transaction contracts on the sole release/condition of E-2 Visa denial.

This requirement is usually the most difficult one for E-2 Visa applicants. Wealthlet has extensive experience in utilizing escrow accounts and claw-back provisions to protect as much as possible of your funds against the risk of E-2 Visa denial. Wealthlet is dedicated to representing you competently to achieve the best pricing and lowest frictional costs in your business transactions. Wealthlet is actively involved in representing you in contract negotiations when you begin to develop your E-2 Enterprise – immigration attorneys rarely do this step. 

Your E-2 Enterprise is a real and operating commercial enterprise. Your E-2 Enterprise must be a real business producing goods and services rather than owning stocks in a brokerage account or buying a residential property to rent out.

Your investment into your E-2 Enterprise is substantial. There is no statutory minimum investment amount. The substantiality of your investment will be considered within the scope of your business and industry. So, a services-based business (e.g. consultancy) can have a lower investment to be substantial than a goods-based business (e.g. restaurant). Usually, we recommend having at least $150,000 as a safe figure for purchasing an existing small business or building a new small business, including not only the build out costs but reserves too.

Your E-2 Enterprise is non-marginal and bona-fide. Your business is expected to make more than just a minimal living wage for you and your family. This requirement is assessed on future profitability, but past performance will be significant if you are purchasing an extremely distressed existing small business.

You have the capacity to direct and develop your E-2 Enterprise. You must possess and exercise your rights as a controlling interest owner to direct and develop your business. It is not required that you are involved in the day-to-day operations of your business to meet this requirement. You can manage top-level policy and strategy for your business, but you cannot be passive. Wealthlet has successfully helped our clients meet this requirement regardless of their levels of education or career to be approved for their E-2 Visa (indeed, Wealthlet even helped an elderly housewife who barely spoke English and had no employment history to be approved).

You intend to depart the US once your E-2 status terminates. This is usually an easy requirement to meet since the E-2 visa is soft on this non-immigrant intent requirement unlike some other visas. While it does not strengthen your application, it is permissible for an E-2 visa applicant to have an outstanding immigrant petition or sell his or her primary residence in his or her home country.