How difficult is an E-2 visa?

The difficulty of obtaining an E-2 Treaty Investor Visa can vary depending on several factors, including your the nature of your business, the amount of investment, the business plan, and the specific requirements of the U.S. consulate or embassy where you apply. 

Factors that can influence the difficulty of an E-2 Visa:

Investment Amount:

There is no minimum amount for the investment, however, it should be substantial and sufficient to support the business beyond just the investor’s family (so as not to be a “marginal enterprise”). Keep in mind that the larger the investment, the more convincing your case.

Substantial Investment Means:

• A large enough investment compared to the total cost of buying or starting a business

• Enough money to show serious commitment to making the business successful

• A significant sum that boosts the chances of running and growing the business well. If the business costs less, the investment needs to be higher to count as substantial

General qualifications:

To be eligible for E-2 status, the treaty investor needs to fulfill the following conditions:

• Hold citizenship in a nation that has a commerce and navigation treaty with the United States

• Have made a significant capital investment in a genuine U.S. business, or be currently engaged in the investment process

• Intend to enter the U.S. with the sole purpose of overseeing and advancing the investment enterprise. This is substantiated by demonstrating ownership of at least 50% in the enterprise or having operational control through managerial authority or other corporate methods

Business Experience:

Your experience and expertise in the industry that's relevant to your business is relevant to the success of your E-2 petition. Demonstrating that you have a strong background that aligns with the business you're investing in can be beneficial.

Job Creation:

If your business will create more jobs for U.S. workers, this can benefit your application. The E-2 visa is often seen as a way to promote economic growth and job creation in the United States.

Treaty Country:

Your nationality and the treaty status between your country and the United States matter. There are currently 81 countries with qualifying treaties.

Legal Assistance:

Engaging an experienced immigration attorney who understands the E-2 visa process can greatly simplify the application process and help you navigate potential challenges.

The E-2 Treaty Investor Visa can be complex due to the requirements and documentation needed to meet the eligibility criteria. The process involves preparing a solid business plan, providing evidence of investment, proving your qualifications, and demonstrating the viability of your business, but Xu Law Group will guide you every step of the way. Keep in mind that immigration policies can change, so consulting your legal advisor will make the process much simpler.