Common Questions: What do I need to prove in order to open a small business in the United States?
If you are interested in opening a small business in the United States (US), then you should consider applying for an E-2 Investor Visa. E-2 Investor Visas are also known as “The Small Business Visa.” These visas are nonimmigrant visas that, once approved, permit nationals of E-2 treaty countries to enter and work in the US in a business in which they have made a substantial investment. It also allows employees of the company with specialized skills to work in the US. Below, please find the key elements and benefits of E-2 Investor Visas.
Elements of E-2 Investor Visas:
–Nationality: The applicant must be a citizen of a treaty country. A comprehensive list of treaty countries can be obtained from the U.S. Department of State and is available here: Treaty Countries (state.gov).
–Ownership and Control: The investor must have a controlling interest in the business. The investment should also be at risk, meaning that it is subject to potential loss.
–Substantial Investment: The investor must make a substantial investment in a US enterprise. While there is no fixed minimum amount that an investor must invest, the investment should be sufficient to ensure the success and viability of the business.
–Real and Operating Business: The business must be a real and operating enterprise, not a paper organization or speculative investment.
–More than Marginal: The business must do more than solely create a living for the investor. For example, it should also be able to create jobs for local workers and contribute to the local economy.
–Intent to Depart: E-2 visa holders are required to demonstrate their intent to depart the US when their E-2 status expires or is terminated.
Key Benefits of E-2 Investor Visas:
–Flexibility: Unlike many other visa options, the E-2 visa does not have a fixed minimum investment amount; however, the investment must be substantial enough to ensure the success of the business.
–Renewable: E-2 visas are typically granted for an initial period of two to five years, and they can be renewed indefinitely, as long as the qualifying business continues to operate successfully and meet the E2 visa requirements.
–Spouse and Dependents: E-2 visa holders have the additional advantage of being able to bring their spouse and unmarried children under the age of 21 to the United States. Spouses are also eligible to work, providing added flexibility for families.
–Quick Processing: E-2 visas often have faster processing times compared to other immigrant and non-immigrant visas, allowing investors to establish their businesses in the U.S. more promptly.
It is important to note that although the E-2 visa allows a foreign investor to live in the US, it does not offer holders a direct route to US permanent residence or citizenship.
The E-2 Investor Visa offers a unique opportunity for entrepreneurs to make a significant impact on the U.S. economy while enjoying the benefits of living and working in the US. By navigating the application process with diligence and care, investors can unlock a world of opportunities and contribute to the rich tapestry of American business.
We have worked with a variety of small business owners to obtain E-2 investor visas, including restauranteurs, retail shop owners and even dog treat makers. If you are interested in learning whether you may qualify for an E-2 visa as a small business owner, please contact Aspire Visa Attorneys at www.aspirevisaattorneys.com or (970) 680-1223. Our attorneys are authorized to practice immigration law in all 50 states and service clients around the globe!
*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.
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