An E-2 Treaty Investor Visa (also known as the E-2 Visa) is a way for immigrants to legally live in the United States by investing in an enterprise (business) and making a positive impact in the local economy. The positive economic impact is contributed by the purchase price of the business, employing Americans, paying taxes, purchasing goods from suppliers and reselling to others. The E-2 Treaty Investor Visa can be issued for two years or five and can be renewed indefinitely as long as the criteria is met. The E-2 Treaty Investor Visa will not lead to permanent citizenship. FOR AN INVESTOR (REAL PERSON OR A CORPORATE ENITITY) MUST:
1) Be a national/citizen from a Treaty Country.
2) Make active and substantial investment in a real business enterprise. Passive and idle investments do not qualify. The substantial investment should be committed and enough to ensure the success of the business.
3) Funds must be personally at risk and the investor must have the ability to have control of the investment/business operations. The funds must be at risk in the commercial sense.
4) The investor must be coming to the U.S. to develop and direct the operation and should be supervising subordinate employees.
5) The investment may not be marginal. The investment/business must have the capability to generate substantially more money than just providing a living for you and your family or should make a substantial positive economic impact on the U.S. economy. The U.S. Government does NOT specify the exact amount of monies that need to be invested, the number of employees the business should have or the amount of income (owner benefit) that should be realized. Visa Attorneys and Visa Specialists vary greatly on what the criteria for a business should be, to be eligible for an E-2 Visa. It is solely up to the U.S. Government whether an E-2 Treaty Investor Visa is issued. Check with your Visa Attorney about what he/she interprets what criteria you should look for, for a business to qualify for an E-2 Visa. Follow his/her advice. Please consult your Visa Attorney before making an offer on a business to help you determine the likelihood the business will qualify for an E-2 Treaty Investor Visa. EXAMPLE TO BE USED ON E2businesses.com:
1) The business is for sale for at least $75,000.
2) The Owner Benefits is GREATER than $30,000.
3) There are at least two current fulltime employees OR Enough current part time employees working a total of 80 hours or more.
4) Have at least one year of Tax Returns that demonstrates the business is making enough in Owner Benefits and has the correct amount of employees.
5) There is leasehold space for the business (The business cannot be a home based business).
6) If there is currently no lease hold space or not enough employees, the Owner Benefit (demonstrated on Tax Returns) must be sufficient enough to support a buyer to obtain these and still have more than $30,000 of Owner Benefits.

FAQ

What is an E-2 Treaty Investor Visa?

What is required by the investor for an E-2 Treaty Investor Visa?

For an Investor (real person or corporate entity) must: 1) Be a national/citizen from a Treaty Country 2) Make active and substantial investment in a real business enterprise. Passive and idle investments do not qualify. The substantial investment should be committed and enough to ensure the success of the business. 3) Funds must be personally at risk and the investor must have the ability to have control of the investment/business operations. The funds must be at risk in the commercial sense. 4) The investor must be coming to the U.S. to develop and direct the operation and should be supervising subordinate employees. 5) The investment may not be marginal. The investment/business must have the capability to generate substantially more money than just providing a living for you and your family or should make a substantial positive economic impact on the U.S. economy.

What is the criteria that a business needs to meet in order to qualify for an E-2 Treaty Investor Visa?

The U.S. Government does NOT specify the exact amount of monies that need to be invested, the number of employees the business should have or the amount of income (owner benefit) that should be realized. Visa Attorneys and Visa Specialists vary greatly on what the criteria for a business should be, to be eligible for an E-2 Visa. It is solely up to the U.S. Government whether an E-2 Treaty Investor Visa is issued. Check with your Visa Attorney about what he/she interprets what criteria you should look for, for a business to qualify for an E-2 Visa. Follow his/her advice. Please consult your Visa Attorney before making an offer on a business to help you determine the likelihood the business will qualify for an E-2 Treaty Investor Visa. CRITERIA EXAMPLE: 1) The business is for sale for at least $75,000. 2) The Owner Benefits is GREATER than $30,000. 3) There are at least two current fulltime employees OR Enough current part time employees working a total of 80 hours or more. 4) Have at least one year of Tax Returns that demonstrates the business is making enough in Owner Benefits and has the correct amount of employees. 5) There is leasehold space for the business (The business cannot be a home based business.)

What if the business is currently a home based business or does not employ enough people?

The business may still qualify. If leasehold space can be acquired and it can be demonstrated that the business can afford the rent while remaining above the $30,000 Owner Benefit. The same is true with employee issues.

Why do so many businesses not qualify for an E-2 Treaty Investor Visa?

Of course, if the business does not meet the above criteria, then it will probably not qualify. One of the biggest reasons a small business will not qualify for an E2 Visa, is due to the financial records of the business. When submitting your visa application, you will need to supply the business tax returns of the seller (Corporation) for at least the prior year. In many cases, small business owners do not maintain accurate tax records that reflect how well the business is really doing so they can avoid paying taxes. In order for a business to help qualify you for an E-2 Visa, you will need to show at least $30,000 in Owner Benefits PROVEABLE on the tax returns.

What is "Owner Benefit"?

It is also referred sometimes as cash flow and adjusted net. This is the total monies a seller is claiming you will receive personally from the business before taxes (if you run the business in the same manner). You will likely to see these terms on the “Business Listing Information” forms you will be reviewing. This amount will include the owner’s salary, net profit of the company, depreciation expense, interest expense, amortization and other benefits.

What countries have E-2 Treaty Investor Visa status with the U.S.?

The countries listed have E-2 Treaty Investor status with the United States: Albania, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Grenada, Honduras, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, the Former Yugoslav Republic of (FRY), Mexico, Moldova, Mongolia, Morocco, Netherlands, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom and Yugoslavia