Dreaming of pursuing your entrepreneurial aspirations in the vibrant city of New York City? The E-2 Treaty Investor visa might be your key to unlocking the American dream. This visa category allows nationals of countries with a treaty of commerce and navigation (E-2 treaty) with the United States to establish and operate a business in the U.S.
While the E-2 visa process can seem daunting, understanding the essential requirements is a crucial first step. Here, we’ll break down the E2 Visa Requirements in NYC in 2024.
1. A Valid E-2 Treaty Between Your Home Country and the U.S.
The foundation of your E-2 visa eligibility rests upon a valid E-2 treaty between your home country and the United States. To check if your country qualifies, you can explore the list of countries with E-2 treaties on the U.S. Department of State website: https://www.state.gov/treaties-in-force/
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Bona Fide Investment: The Cornerstone of Your E-2 Journey
While the law does not set a strict minimum, investments typically north of $100,000 are considered strong starting points. This investment must be sizable enough to ensure the successful operation of your business venture in the competitive landscape of NYC. This investment must meet these key criteria:
- Substantial: The amount should be proportional to the type of business you’re venturing into and sufficient to ensure its successful operation. While USCIS doesn’t specify a fixed dollar amount, it needs to be a commercially reasonable investment for your chosen venture.
- At Risk: The invested funds must be at risk in the business, meaning there’s a potential for financial loss if the business fails. Secured loans generally don’t qualify.
- Developed and Controlled: You’ll need to demonstrate that you have already invested or are actively investing these funds into the business.
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Ownership, Control, and Active Involvement
You must hold a majority ownership (over 50%) in the business or demonstrate control through a managerial position. Being a passive investor won’t suffice for E-2 visa purposes.
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Running a Genuine Business: Beyond a Job for Yourself
Your business must be a bona fide enterprise that generates revenue and operates beyond simply creating a job for yourself. A comprehensive business plan outlining your product or service, marketing strategy, and financial projections is essential.
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Aligning with E-2 Treaty Business Categories
There are no strict classifications, but it’s recommended that your business falls under a category generally accepted for E-2 visas. Retail and personal service businesses may face a higher bar for approval.
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Dedication to Developing and Directing the Business
Your future plans are a crucial factor. You must demonstrate a clear commitment to actively managing and developing the business within the U.S.
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Temporary Stay with Extension Potential
The E-2 visa is initially granted for a maximum of five years with the possibility of renewal in five-year increments. However, you must maintain the status of your business and your active involvement in its operations throughout your stay. Applicants must express a clear intention to return to their home country once the E2 visa expires. This underscores the temporary nature of the visa and necessitates proof of a permanent residence outside the U.S.
Beyond the Essentials: A Smooth Path with Legal Expertise
The E-2 visa application process can be intricate, and immigration laws are subject to change. To ensure a smooth journey, consulting with an experienced immigration attorney specializing in E-2 visas is highly recommended. The Law Office of Ghenadie Rusu stands out in this regard. Their expertise can guide you through the specific requirements, navigate potential complexities, and significantly increase your chances of a successful application. So you can contact them!
Turn Your Vision into Reality
With the right preparation and knowledge, you can unlock the door to exciting entrepreneurial opportunities in the heart of New York City! Take that first step towards achieving your dreams and reach out to the Law Office of Ghenadie Rusu today to schedule a consultation.
FAQs
How much money is required for an E2 visa in the USA?
While there is no minimum or maximum amount set by law, a “substantial amount of capital” is required, which is evaluated on a case-by-case basis. Investments can often start from $100,000 and upwards but the exact amount depends greatly on the nature of the business.
What is the success rate of the E2 visa?
E2 Visa success rate is 87%
Is an E2 visa hard to get?
Obtaining an E2 visa involves various complexities and stringent requirements, including proving a substantial investment and the viability of the business.
What is proof of funds for an E2 visa?
Proof of funds for an E2 visa involves showing legitimate sources of the investment capital, which can include personal savings, gifts, business revenues, or loans secured by personal assets. Documentation should clearly trace and verify the legitimacy of these funds.
Can an E2 visa be rejected?
If the consular officer believes that the enterprise is unlikely to reach a self-sustainable level of revenues within a five year time period, your E-2 visa may be denied.
What document is proof of funds?
A bank statement, security statement, or custody statement usually qualify as proof of funds.
