E-2 Treaty Investor Visa
There is a visa program called the E-2 Treaty Investor Visa, which requires a lower investment compared to the EB-5 program. Here are the details you can provide to your franchise candidate:
Overview:
The E-2 Treaty Investor Visa allows citizens of countries with which the United States maintains a treaty of commerce and navigation to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business. This visa is often considered for those looking to start or buy a business in the U.S. with a lower investment threshold compared to the EB-5 program.
Key Requirements:
1. Investment Amount
- - There is no fixed minimum investment amount specified by law, but typically, investments should be substantial, generally in the range of $100,000 to $200,000.
- - The investment must be sufficient to ensure the successful operation of the enterprise.
2. Active Investment
- The investor must be actively involved in the business, either by developing and directing the enterprise or by having a managerial role.
3. Treaty Country
- The applicant must be a national of a country that has a treaty of commerce and navigation with the United States.
4. Real and Operating Business
- The business must be a real and active commercial or entrepreneurial undertaking, producing services or goods for profit.
- Speculative or idle investments do not qualify; uncommitted funds in a bank account or similar security are not considered an investment.
5. Job Creation
- While the E-2 visa does not have a strict job creation requirement like the EB-5, the business should generate enough income to support the investor and their family, and ideally, create employment opportunities for U.S. workers.
6. Substantial Investment
- The investment must be substantial in relation to the total cost of either purchasing an established enterprise or establishing a new one.
- It must be sufficient to ensure the successful operation of the enterprise.
Process
1. Application Filing
- File the necessary documentation, including the DS-160 form, and schedule an interview at a U.S. embassy or consulate in the applicant’s home country.
2. Documentation
- Provide evidence of the investment, the investor's nationality, and the business's viability and operational status.
3. Interview
- Attend the visa interview and demonstrate the intent to develop and direct the business.
Duration and Renewal
- The E-2 visa is typically issued for an initial period of up to two years. However, it can be extended indefinitely in two-year increments as long as the business remains operational and meets the visa requirements.
Spouse and Children
- The investor’s spouse and unmarried children under 21 years of age can accompany the investor on E-2 dependent visas. The spouse can also apply for work authorization.
Conclusion
- The E-2 Treaty Investor Visa offers a more accessible route for potential investors with a lower capital requirement compared to the EB-5 program. It is a viable option for those who wish to start or acquire a business in the U.S. and actively manage it.
- For specific advice and personalized guidance, it's recommended to consult with an immigration attorney or a legal expert specializing in U.S. immigration and investment visas.