Debunking Some Common Myths About the E-2 Treaty Investor Visas

Investing in the United States has its degree of complexity. However, it is not impossible. The E-2 Treaty Investor Visa allows people to invest in and run a business in the U.S. This visa is specifically designed for people from countries with which the U.S. maintains a treaty of commerce and navigation. However, while the E-2 Treaty Investor Visa is a popular option among many, there are several misconceptions surrounding it that can lead to confusion. Understanding the truth about E-2 Treaty Investor Visas can help investors and entrepreneurs make informed decisions. Below, we debunk some of the common myths about the E-2 Treaty Investor Visa.

Myth #1: The E-2 Visa Offers Permanent Residency

One of the most prevalent myths about the E-2 Treaty Investor Visa is that it is a direct pathway to permanent residency in the United States. This is not true. The E-2 Treaty Investor Visa is a nonimmigrant visa. While E-2 visa holders can continually renew their stay if their business remains operational, they must seek alternatives to transition to lawful permanent residency or a green card.

Myth #2: You Must Invest Millions of Money To Obtain an E-2 Treaty Investor Visa

Another common misconception is that one must invest millions of dollars to obtain an E-2 Treaty Investor Visa. Indeed, a vital requirement is that you make a “substantial” investment. However, there is no dollar amount set by law. Generally, the investment must be proportional to the total cost of purchasing an established enterprise or establishing a new one. Depending on the nature of the business, an investment of $100,000 or even smaller may be considered substantial.

Myth #3: You Can Get the E-2 Treaty Investor Visa for Any Business

To qualify for an E-2 Treaty Investor Visa, the enterprise must be a real, acting, and operating commercial business that offers goods or services for profit, and the investor must play an active role in the daily operation of the company. Passive investments like purchasing real estate that don’t involve active management cannot be approved for purposes of the E-2 Treaty Investor Visa. Also, the business cannot be marginal, meaning it must generate sufficient income to support the investor, their family, and other personnel.

Myth #4: It Is Not Necessary for E-2 Companies To Hire U.S. Nationals

Foreign investors seeking the E-2 Treaty Investor Visa must hire American workers. You don’t have to hire U.S. nationals immediately, but you should have a clear trajectory toward hiring U.S. nationals. It is vital to note that even if your family members have authorization to work in the U.S., they don’t count as U.S. workers.

 Myth #5: An E-2 Visa Is Granted for Five Years

Most eligible E-2 status treaty visa countries have a five-year validity. However, some E-2 visas are valid for as little as three months. Even when the visa is valid for five years, the consular officer can issue it for a shorter period.

The E-2 Treaty Investor Visa offers a valuable opportunity for investors and entrepreneurs. However, understanding the facts about this visa is vital for avoiding confusion.

Contact Us for Legal Help

For legal help, contact an experienced New York City E Visa lawyer at The Law Offices of Elsa Ayoub, P.L.L.C.

Source:

travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html