E-2

E2 Visa Key Requirements

To qualify for the E2 Visa, applicants must meet certain requirements:

1. Nationality Requirement

The applicant must be a national of a country that has a treaty of commerce and navigation with the United States. There are more than 80 treaty countries eligible for the E2 Visa, including the United Kingdom, Canada, Germany, Japan, and others.

2. Investment in a U.S. Business

The applicant must make a substantial investment in a U.S. business. The U.S. business must be real, active, and operating, and the investment must be sufficient to develop and direct the business. While there is no minimum dollar amount for investment, it is generally recommended to invest at least $100,000, depending on the nature of the business.

3. Control of the Investment

The investor must have at least 50% ownership of the business or the ability to control the enterprise. This ensures that the investor is actively involved in the day-to-day operations of the business.

4. Substantial Investment

The investment must be substantial enough to ensure the success of the business. It must also be at risk, meaning there is a possibility of losing the investment. Passive investments, such as stocks or bonds, do not qualify.

5. Business Viability

The business must be real and operational, meaning that it should not be marginal (i.e., the business should generate enough income to support the investor and their family and provide a contribution to the U.S. economy).

6. Non-Marginal Business

The business should be more than just a means of supporting the investor’s family. It should have the potential to generate sufficient income to support its operations, hire employees, and expand.

7. Intent to Depart

The E2 Visa is a non-immigrant visa, which means that the applicant must demonstrate the intent to return to their home country once the visa expires or is no longer valid. However, the E2 Visa can be renewed indefinitely as long as the business remains operational.

E2 Visa Benefits

The E2 Visa offers several advantages for entrepreneurs and their families:

1. Ability to Live and Work in the U.S.

The E2 Visa allows the investor and their immediate family (spouse and children under 21) to live and work in the U.S. as long as the investment business is operational and meets visa requirements.

2. No Minimum Investment Amount

While there is no fixed minimum investment amount, the investment must be substantial enough to control and operate the business successfully. Typically, investments of $100,000 or more are considered sufficient for most businesses.

3. Flexibility to Manage Your Own Business

As an E2 visa holder, you are allowed to manage and operate your business in the U.S. without restrictions on job type or employer. You are actively involved in the day-to-day operations, which means you have complete control over your enterprise.

4. Spouse Work Authorization

Your spouse is eligible to apply for work authorization and can work for any employer in the U.S. without limitations. This allows for greater financial flexibility and career opportunities for your family.

5. Renewable Visa Status

The E2 Visa is typically issued for a period of 2 years but can be extended indefinitely as long as the business remains operational and meets the visa requirements. This provides long-term residency options without a fixed end date.

6. Path to Permanent Residency (Green Card)

Although the E2 Visa is a non-immigrant visa, it is possible to transition to permanent residency (Green Card) through other immigration paths, such as family sponsorship, employment-based visas, or the EB5 Investor Visa, once you establish a successful business and long-term presence in the U.S.

How Change of Phase Consulting Ltd. Can Assist You

At Change of Phase Consulting Ltd., we have extensive experience in assisting clients with the E2 Visa application process. We provide end-to-end support to help you navigate the complex requirements and ensure that your application is completed accurately and on time.

1. Initial Consultation and Eligibility Assessment

We begin with a detailed consultation to understand your investment goals, the type of business you’re interested in, and your eligibility for the E2 Visa. Our team will help you identify the best path forward based on your unique situation.

2. Investment Planning

COPCG will assist you in identifying and selecting a suitable business opportunity in the U.S. We’ll ensure that your investment is substantial enough to meet the visa’s criteria, while also making sure the business is viable and sustainable.

3. Application Preparation

We will guide you through the entire process of preparing your E2 Visa petition, ensuring that all documentation is complete, accurate, and in compliance with U.S. immigration laws.

4. Visa Submission and Follow-Up

Once your application is ready, we’ll help submit it to the appropriate U.S. authorities and follow up to ensure timely processing. Our team will keep you informed throughout the process, answering any questions and addressing any concerns.

5. Ongoing Support

After your E2 Visa is approved, we provide ongoing support to ensure compliance with the visa requirements and assist with any renewals or future immigration goals.