E-2 Treaty Investors

E-2 Treaty Investors 2021

Contents

What is E-2 Visa
Do I qualify for E-2 Visa
Our Lawyers
Why Lawmaks
E-2 program advantages
Is E-2 for me
E-2 comparison table
E-2 FAQ
Our latest E-2 approvals


What is E-2 Visa?

The E-2 Investor Visa is a nonimmigrant Visa is used where a foreign entrepreneur wishes to operate his or her own business in the United States.  This can be accomplished in two ways:  1) to start a brand-new business, or 2) to purchase an existing business (certain restrictions apply; check with your immigration attorney prior to establishing or purchasing an existing business).

The amount of the investment is determined by the type of business, and while there is no “minimum” set amount, the investment must be “substantial” and not “marginal” in nature; the immigration adjudicator must be convinced that your investment is sufficient to operate the proposed venture.

One of the key elements to a successful E-2 application, is to prove that the investor’s function is to “develop and direct” the business in the United States. If there are language barriers, it will be necessary to hire a manager who will conduct the day-to-day operations.

So, while the Investor is not required to conduct the daily activities, they will be expected to make the executive decisions needed to “develop and direct” the U.S. venture.

The investor must also be a citizen or national of a country which has an existing Treaty of Commerce with the United States.  See the most recent list of “Treaty Countries” on DOS.


Do I qualify for E-2 Visa?

Submit our 3 minute and straight forward E-2 questioner and we will evaluate your potential E-2 case.


Our Lawyers

Our lawyers have helped many foreign nationals successfully moved to the United States and established their own choice of business under E-2 Visa program.  The legal services we offer help investors reach each milestone.

babak-hodjat-eb5-visa-1
Babak Hojjat J.D.

Babak Hojjat, J.D. is the Director of Global Operations at the Law Offices of Marjan Kasra, LLC. Mr. Hojjat specializes in Investment Visa Category, and has proven himself to be resourceful and a “go-to” member of our team. He provides strategic direction and oversight to our law firm’s marketing team. 

Dubai, UAE
Office: +971 4 518 2500
WhatsApp: +971 50 732 0905
[email protected]

marjan-kasra-eb-5-investor-visa-1
Marjan Kasra, Esq.

Marjan Kasra, Esquire is the founder and Managing Attorney of the Law Offices of Marjan Kasra, LLC. Attorney Kasra provides legal counsel to clients at U.S. Consular posts worldwide. She has extensive experience regarding the Middle Eastern-specific issues as they relate to EB-5 and E-2 Visas.

New York
Office: +1 212 500 0905
WhatsApp: +1 203 400 7060
[email protected]


Why Lawmaks

Unlike traditional US law firms, Lawmaks has offices in US, UAE and partner in UKRAINE to conveniently assist E-2 clients throughout the Middle East, North America and around the world.


E-2 program advantages

  • No minimum amount of investment, depending on the type of business;
  • Allows for regular Visa renewals (no maximum time cap) approximately every two years, for the Investor, Spouse, and unmarried children under the age of 21, so long as the Investor continues to “develop and direct” the intended E-2 business in the USA;
  • E-2 Visa can be processed rather quickly: approximately 4-6 months (from the time of filing);
  • Investor invests in his or her own business;
  • Investor must continually “develop and direct” the business he/she is investing in, while the spouse may pursue any other work activity;
  • Investor, Spouse, and children (unmarried, under 21) are entitled to a U.S. Social Security Numbers, and can work, study, and enjoy the benefits from living in the United States;

Is E-2 for me?

  • You must be a citizen or national of a country which partakes in a treaty of commerce with the United States;
  • Must solicit entry to the United States exclusively to develop and direct the U.S. business entity.  This is established by evidencing a minimum of 50% ownership of the business entity; however, the “acceptable” percentage of ownership and amount of investment are viewed on an sliding scale by the U.S. Consulate, and
  • Have invested, or are in the process of investing a significant amount of capital in a bona fide business entity in the United States;

E-2 vs EB-5 & L-1

Side by side comparison of Investment options in U.S.

 E-2L-1EB-5 (Regional Center)EB-5 (Direct)
Investment Amount (USD)No minimum.
Any amount
sufficient to buy
or create a business
No minimum.  Any amount
sufficient to buy
or create a business
$900,000 at TEA* zone
$1.8 million outside TEA
$900,000 at TEA* zone
$1.8
million outside TEA
Gifted InvestmentYesYesYesYes
Borrowed Investment (Loan)Yes (certain rules apply)Yes (certain rules apply)Yes (certain rules apply)Yes (certain rules apply)
Investment LocationAnyAnyTEA (Targeted Employment Areas) or outside TEATEA (Targeted Employment Areas) or outside TEA
Job Creation RequirementsNot required. However,
investor must
follow the Business Plan closely
Yes. Investor
must follow the Business Plan closely
10 direct or indirect jobs10 direct jobs (more difficult to make direct jobs
Investor’s RoleInvestor has the option to hire a manager.
Otherwise must be involved in day to day operations
Management/ Executive/ Key EmployeeNo active role requirementInvestor has the option to hire a manager.
Otherwise must be involved in day to day operations
Option to purchase an existing companyYesYesN/AYes, must add 10 full-time jobs
Investor’s Overseas Employment RequiredPrefer to have similar business as with E-2 entityYes, 1 year out of the last 3-yearsNoPrefer to have managerial experience (option to hire a manager)
Country (Passport Specific)Yes. Must be from a Treaty CountryAny (if foreign business is
in certain countries like Iran there are restrictions)
All countries qualifyAll countries qualify
Required to have company outside United StatesNoYesNoNo
Timeline**Usually 2-4 months4-6 months.
Expedited, 15 business
days is available
Avg. 2-Years
Nationality Specific
Avg. 2-Years
Nationality Specific
U.S. Green Card (LPR)May convert to EB-5
only if investment grows.
May also qualify under EB-1C (consult U.S. lawyer)
Managers & Directors
may qualify for LPR
after 1-yr of entry under EB-1C (consult U.S. lawyer)
Yes, upon entryYes, upon entry
Fast TrackYes, if change status in US;
No if filing from abroad
Yes (optional) for USCIS approval,
followed by regular Consular processing (if abroad);
if changing status inside US,
expedited (15-days) is an option
NoNo
1st Visa Issuance2-years (most nationals)Depends on the type of L-1
(consult U.S. lawyer)
Starts with 2-years conditional LPRStarts with 2-years conditional LPR
Maximum LengthRenewable as long as the business is running.
Children over 21 do not qualify for renewal
5- 7 years (consult U.S. lawyer).
Children over 21 do not qualify for renewal
Permanent, upon approved I-829Permanent, upon approved I-829
Who is considered Investor’s Family (Derivative)Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21
Can Your Derivative work?YesYesYesYes
Can Your Derivative Attend School/University?YesYesYesYes
Employment for investorImmediately upon entryImmediately upon entryImmediately upon entryImmediately upon entry
*TEA: Targeted Employment Area refers to “rural area” or an area which has experienced unemployment of at least 150% of the national average rate; TEA zones are determined by USCIS, beginning Nov/22/2019

**Average processing time from the receipt dates. Subject to change without further notification.

NOTE:  Content of this website is subject to change, and should not, under any circumstances, be construed as legal advice; information on this website is meant to provide a very general outlook in the scope of work.  If considering any type of U.S. Visa, please consult a U.S. Immigration Attorney prior to making any arrangements.

E-2 Visa FAQ

  1. Who’s eligible to apply for E-2 investment Visa?
  2. What is the minimum capital investment amount?
  3. Can my family members work in the US?
  4. Do I need to have my money invested before I apply for a Visa?
  5. How long can I stay in the USA in E2 Visa or E1 Visa status?
  6. Are there any other charges and costs apart from the investment amount?
  7. Is it possible to expedite the process of E-2 Visa?
  8. Do I need to have a Business Plan?
  9. What’s my tax obligation?
  10. What’s my first step?

1-Who’s eligible to apply for E-2 investment Visa?

Citizens or Nationals of country, which has a treaty of commerce and navigation with the U.S.
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2-What is the minimum capital investment amount?

The E-2 Visa does not have a minimum for business capital. What determines an appropriate investment amount varies widely depending on the size and nature of each business.
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3-Can my family members work in the US?

Family members may work on derivative E Visas if permission has been obtained in advance from the United States Citizenship and Immigration Services (USCIS).  The spouse may, upon admission to the United States, apply with the USCIS for an employment authorization document. Children may attend school.
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4-Do I need to have my money invested before I apply for a Visa?

Yes. The E-2 Visa regulations state that the funds or assets must be committed to the enterprise and the commitments must be real and irrevocable.  Funds can be considered “irrevocably committed” if they are held in an escrow account for release of transfer contingent on the issuance of an E Visa.
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5-How long can I stay in the USA in E2 Visa or E1 Visa status?

You can continue to extend your Visa in the US indefinitely as long as the business continues in the US.  Registration is initially valid for between two and five years, but can be renewed any number of times.
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6-Are there any other charges and costs apart from the investment amount?

Yes.
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7-Is it possible to expedite the process of E-2 Visa?

Yes, if you apply inside the U.S.  Premium processing can bring your processing time to average of 15 days.
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8-Do I need to have a Business Plan?

Yes (very important part of your process to have a successful outcome on your Visa application).
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9-What’s my tax obligation?

It’s based on your income.  Please consult a Tax Attorney or a CPA (Certified Public Accountant).
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10-What’s my first step?

Pick your attorney.
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Our latest E-2 approvals

Our recent E-2 approvals