Frequently asked E-2 Visa questions |
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Can I qualify for an E-2 visa?
Yes, if you are a citizen of the many countries that have the required investment treaty with the States. The nationality of your other half doesn’t matter as they can obtain an E-2 visa as a dependent regardless. As a UK citizen, you need to prove you are also resident in the UK.
How much do I have to invest?
There is no stated minimum. However, it is very difficult to proceed with less than $100/150K. The larger the investment the stronger the case and with a small businesses, it will be expected that you have invested the great majority of the purchase price in cash.
Is the amount I invest the only factor for visa approval?
Absolutely not. It’s just one of the many factors taken into consideration. Of equal importance is profitability, contribution to the local economy (employment of US workers) and other things. You need to indicate the venture will provide more than just an income to support you and your family, and will employ at least two US workers.
Do I have to find the business before I make a visa application?
Yes. Your application will be based on the specific business. A signed purchase contract needs to be provided as part of the documentation.
Can I get an E-2 visa for a start-up business?
Yes. You will need to prove the various expenditure required for set up and convince the Embassy that the business will be profitable and employ US workers. You will need to show a good track record in business and have firm evidence of prospective customers.
What kind of businesses qualify?
All kinds but you must show that the business will generate more than enough income to support you and your family and create employment.
Do franchises qualify for E-2 visas?
Yes. The same criteria apply, whether it is a new franchise or a franchised business already in operation.
Must I have all the money available prior to the application being made?
Yes. The Embassy will want to see funds irrevocably committed to the business purchase. This is usually shown by placing the purchase money in an Escrow account in the US.
How do I go about applying for an E-2 visa?
As a UK resident, your application must be submitted to the Embassy in London. Each E-2 application has to be thoroughly documented with supporting paperwork, the necessary forms and a comprehensive explanatory letter enclosed.
What are my chances of success?
It depends on the quality of the business, the preparation of the application and insuring all the documents are Embassy acceptable. If the business meets all requirements and the application is well put together, there is a great chance you will be approved.
What happens to the funds I have invested if the application is refused?
A contingency clause in the purchase contract, stating that the purchase is subject to the provision of an E-2 visa, should enable the return of funds back from escrow.
What happens if I sell my business?
You will be no longer eligible to remain in the US on E-2 status.
What if I have a criminal conviction?
It depends on the nature of the conviction. Minor offences may not cause a problem but all convictions must be clearly stated in the application.
Will I ever qualify for a Green Card?
The E2 is non-immigration visa so will never qualify for immigrant status. However, there are many other ways that Green Card can be achieved.
Is the E-2 my only option?
Maybe. It depends on a number of factors. The possibility of an alternative route will be fully investigated
How much does it cost?
The charge for an E-2 application will depend on the nature of the business and the circumstances of the application. However, we do not expect all the fee up-front and will only charge the final 25% once you have been awarded an interview with the Embassy. Once we are moving forward we have faith in our ability to gain acceptance for you. | |
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