Below are some key requirements you must fulfill to apply for a E-2 Visa. For each requirement, we have included forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.
USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial.
A bona fide enterprise is one that is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise cannot be an idle investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor who has no intent to direct the enterprise.
A marginal enterprise is one that will not generate more than enough income to provide a minimal living for you and your family or to make a significant economic contribution.
+ How do I demonstrate that my business is bona fide?
Some of the evidence you may submit to demonstrate that your business is bona fide includes:
+ How do I demonstrate that my business is not marginal?
Some of the evidence you may submit to demonstrate that your business is not marginal includes:
You must demonstrate that the capital you invest is irrevocably committed to the enterprise and subject to partial or total loss in the event that the entity fails. The funds you invest must also be your own. Additionally, the invested funds must be substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise you are considering.
+ How do I demonstrate that my investment is substantial and irrevocably committed?
Some of the evidence you may submit to demonstrate that your investment is substantial and irrevocably committed to the enterprise includes:
You must show a clear and legitimate path regarding the source of the capital you will be investing. You must also demonstrate that the funds you are investing have not been obtained through criminal means.
+ How do I demonstrate the source of my capital?
Some of the evidence you may submit to demonstrate the source of your capital includes:
You must show that you will develop and direct the investment enterprise by demonstrating ownership of at least 50 percent of the enterprise, or by possessing operational control through a managerial position or other corporate devices.
+ How do I demonstrate that I have the capacity to develop and direct my business?
Some of the evidence you may submit to demonstrate your capacity to develop and direct your business venture includes:
I’m ready to apply, what’s next?
Once you have determined that the E-2 visa classification is the best pathway for you and you are ready to apply, you can find the full application process and legal requirements outlined on USCIS’s website.
1) The spouses of E-2 nonimmigrants are authorized to engage in employment upon application to USCIS and receipt of an employment authorization document (EAD).2) When submitting evidence to USCIS, it is important to fully and clearly explain how the submitted evidence establishes eligibility for petition approval. The more clearly the petitioner can articulate eligibility, the more efficiently and consistently USCIS can review and process the petition and determine eligibility for the benefit sought.