E-2 Investors

Investors

E-2 Treaty Investor Visas

This post includes links to U.S. government resources and legal authorities for the E-2 treaty investor visa. You will also find information about business plans, used by immigration counsel, to better serve you, and by US immigration authorities, to determine eligibility.

Legal Resources

Treaty Countries [To confirm E classification eligibility, i.e., if your country of nationality maintains a treaty or the equivalent with the United States. In order to qualify for E-2 investor status, the applicant must possess the nationality of a treaty country.]

Reciprocity Table [To confirm the number of years/entries your E-2 visa may be granted for. Most countries get five years, multiple entries.]

Foreign Affairs Manual [The “FAM.” DOS regulations and the key reference for Consular Officers reviewing E-2 applications at Consular Posts, where most E-2 applications are submitted.]

US Consulate London E Visa Page [This Consular Post handles a high volume of E-2s and provides useful information online, including comprehensive checklists.]

US Consulate Toronto E Visa Page

 

USCIS E-2 Visa Page [General information from USCIS.]

USCIS Understanding E-2 Requirements Page [General information from USCIS.]

I am interested in applying for an E-2.  Where do I start?

For new investments, the business plan is a good starting point in the E-2 application process.  US immigration authorities expect to see one, and will use it as a reference point, to determine if the investment is sufficient.

From an immigration lawyer’s perspective, getting a business plan, up front, allows us to: 1) give clients a case-specific checklist of documents, and 2) identify potential problem areas, sooner rather than later.

Critical aspects of the plan are: 1) what level of investment is required to make the business operational, and 2) what positive impact(s) the business will have on the US economy, particularly in terms of job creation. 

In greater detail, with respect to what is expected by US immigration authorities, in 1998, a precedent decision known as Matter of Ho was issued, which set forth the requirements for an (EB-5) compliant business plan.  The EB-5 is a green card category, but the same principles may be applied to the E-2.

According to Matter of Ho, an investor must submit a comprehensive business plan demonstrating the following elements:

  • A description of the business, its products, services and objectives
  • A market analysis, including the
    • names of competing businesses and their relative strengths and weaknesses,
    • a comparison of the competition’s products and pricing structures, and
    • a description of the target market/prospective customers of the new commercial enterprise
  • Confirmation and listing that the company has received or is in the process of applying for project specific permits and/ or licenses
  • If applicable the EB-5 [E-2] business plan should describe the manufacturing or production process, the materials required, and the supply sources
  • Detail any contracts executed for the supply of materials and/or the distribution of products
  • Provide an overview of the marketing strategy of the business, including pricing, advertising, and servicing
  • The business plan should outline the business’s organizational structure and it’s personnel experience
  • The business plan must also explain the business’s staffing requirements and contain a timetable for hiring and job descriptions for all positions
  • Contain sales, cost, and income projections and detail the bases therefore

Please don’t hesitate to contact us to discuss your potential case at 1-415-215-6883 or Michael@ryvinlaw.com.

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