The E-2 visa category is for use by business owners, managers, and employees who wish to engage in business activities within the US through the creation or purchase of a business. Upon visa approval, an applicant may enter the US relatively quickly along with his/her spouse and children to begin operations for that business. The spouse of an E-2 Visa holder may obtain an EAD work authorization document which will allow him or her to engage in work anywhere. Subject to certain conditions, the E-2 Visa holder may obtain and renew his or her visa indefinitely, as long as they continue to maintain non-immigrant intent – meaning that the individual eventually plans to leave the US .

The E-2 visa applicant must create a company or purchase a company in the States and retain both 51% ownership and ‘veto-power’ over operational decisions. The investment made in the company must be ‘substantial’, an amount not fully detailed by the USCIS, and one which is different for every type of business being created or bought. A professional services company, such as an Electrician Contracting business will necessarily cost less to set up and run than an inventory intensive business, such as a Clothing and Apparel store. The general rule of thumb is that you must invest at least 75% of the fair market value of an average business in that particular industry costs to purchase or set-up.

An important requirement to note – the USCIS requires that your personal funds be at risk, so you may not obtain loans secured by the business itself. You may obtain funds secured personally, such as loans from friends or family, but they should not make up the majority of the funds that you are investing. Finally, you must be putting your funds “at-risk”, meaning that you must already be in the process of investing in the company. This may include obtaining a lease with the sole condition “of E-2 Visa Approval” and beginning to purchase inventory for the business. The USCIS wants to ensure that the E-2 visa applicant is serious about investing.

The E-2 Business cannot simply provide the E-2 visa applicant and his or her family with a level of income sufficient only to provide a living for the family. Further, the business cannot be the only source of income for the applicant and his family (minimal income from abroad is required). As well, the E-2 business must be able to earn, or have the future ability to earn enough to employ others in the business and make an economic contribution in the surrounding community. Throughout this period, the E-2 visa applicant must continue to play a key role in the enterprise by developing directing the operation.