The many E-2 Visa business options give investors multiple ways to obtain residency in the United States. The E-2 Investor Visa is designed to bring individuals to the U.S. if and only if a substantial sum of money is invested in the U.S. Specifically, an investor must invest in either an existing U.S. business (so a diversified stock market investment may not be enough) or else establish a business in the U.S.
If the investor chooses to establish a business in the U.S. then there is usually a minimum amount of start-up capital (investment) that the investor must provide from his or her own private funds.
Moreover, the burden is on the investor to prove to the United States Citizenship and Immigration Services (USCIS) that the investment is not a fraud. For example, the investor must be proved that the investment is irrevocably committed. An investor may prove this by showing a clear and legitimate path regarding the source of the capital that will be invested. It must also be shown by that the funds have not been obtained through criminal means.
This rule is meant to prevent such injustices as a drug trafficker taking the cash earned from the sale of illegal narcotics and stashing it in a U.S. business for the purpose of hiding the money rather than for legitimate investment and potential profits.
In addition, the applicant must show that he or she has the capacity to develop and direct the business. This may be shown by demonstrating ownership in more than 50 percent of the enterprise, or by possessing operational control through a managerial position.
The application process for the E-2 visa is long and complex. The USCIS requires numerous documents and detailed responses to their many questions. Don’t miss a step—they will return your entire application, which will postpone the approval by weeks. Hire an experienced immigration attorney to do the work for you quickly and correctly, the first time.