The E-2 Treaty Investor Visa is a nonimmigrant classification that presents a way for business owners or entrepreneurs to live in the United States and conduct business. It initially provides a two-year stay but the recipient can make repeated requests of 2-year extensions. The visa is growing at a fast rate, largely due to its level of acceptance compared to other types of visas.
| E-2 Visas | Issued | Refused | Total Applicants | Percentage Increase in Applicants |
| 2013 | 35,272 | 8,178 | 43,450 | N/A |
| 2014 | 36,825 | 9,782 | 46,607 | 7.27% |
| 2015 | 41,162 | 10,970 | 52,132 | 11.85% |
| 2016 | 44,243 | 13,370 | 57,613 | 10.51% |
(https://travel.state.gov/content/visas/en/law-and-policy/statistics/non-immigrant-visas.html)
A major benefit includes the fact that treaty investors may be accompanied by spouses and unmarried children who are under 21 years of age. The spouse is also able to work in the U.S. with this visa. This site lists out many of the details that are part of the process.
In analyzing E-2 Treaty applications, the government is looking for some specific qualifications for the business and investor. The qualifications for the applicant include:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
- Be seeking to enter the United States solely to develop and direct the investment enterprise
Business Plan- Financials
A key part of the application process is creating a substantial business plan for the enterprise. The plan can be as long as 35 pages long, so it is worthwhile for an applicant to seek professional help in creating it. The plan includes five year financial projections, which can be a challenging portion to create. Often the government looks for:
- Break-even analysis
- Income statements
- Balance sheets
- Cash flow statements
- Financial assumptions
- Industry comparisons
Here at ProjectionHub, we have experience in creating proforma financial projections for customers. Visit our services page to fill out a short form to start the process of obtaining financials for your business!
Qualifications
Let’s break the qualifications for an E-2 Visa down.
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
This means that the country in which the applicant is a citizen of must be a “treaty country” or a country with which the United States maintains a treaty of commerce and navigation. This site is a list of countries that qualify: https://travel.state.gov/content/visas/en/fees/treaty.html. The following chart breaks down the 2016 E-2 Visa Issuances by region:
| 2016 E-2 Visa Issuances by Location | |
| Africa | 160 |
| Asia | 17,364 |
| Europe | 18,469 |
| North America | 5,752 |
| Oceania | 415 |
| South America | 2,081 |
| No Nationality | 2 |
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
The investor must hold a significant stake in the business in his or her application. The low-end of investments typically range from $100,000 to $150,000, so the more money invested, the more likely the application will be accepted. Another important consideration to note is that the capital must be subject to partial or total loss if the investment fails, signifying that the investor really did have a stake in the business. As long as the business is operating, the E-2 Treaty recipient can retain his or her status in the the United States. The USCIS (United States Citizens and Immigration Services) typically only accepts applicants who have already made the investment and are “irrevocably” committed to the business before application.” The capital must be invested in a business, not simply in a bank account in the U.S. Some evidence of a business being “bona fide” includes:
- Notice of assignment of an Employer Identification Number from the Internal Revenue Service (IRS)
- Tax returns
- Financial statements
- Quarterly wage reports or payroll summaries (i.e., W-2s and W-3)
- Business organizational chart
- Business licenses
- Bank statements, utility bills, and advertisements/telephone directory listings
- Contracts or customer/vendor agreements
- Escrow documents
- Lease agreement
- Be seeking to enter the United States solely to develop and direct the investment enterprise
This refers to the fact that the investor is an invaluable part of the business, either by ownership, executive management position, or possesses qualifications that are integral to the business. These qualifications include: the degree of proven expertise in the employee’s area of operations, whether others possess the employee’s specific skills, the salary that the special qualifications can command, and whether the skills and qualifications are readily available in the United States. The USCIS looks to accept businesses that will impact the economy and are not just “marginal” businesses. This means they add jobs and are sustainable.
If you have interest or want to learn more about how ProjectionHub can help you create a business plan for your E-2 Investment Visa, email adam@projectionhub.com. You can also fill out a form to contact us at https://projectionhub.com/services to start the process!