DC E-2 Visa Attorney

The E-2 visa is available to individual investors from treaty countries who seek to enter the U.S. solely to “develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital.”  The E-2 visa can be an attractive alternative to the EB-5 Investor Visa, which carries more rigorous application requirements and demands an investment of $1 million (or $500,000 in some targeted locations). A DC E-2 visa lawyer can help explain the application process and rules.

An experienced DC E-2 Visa attorneys are here to support clients through the application process and provide crucial advice on matters that can have a significant impact on the status of an E-2 Visa application. Call our law offices today to learn more.

E-2 Visa Requirements

In order for an investment to qualify the individual for E-2 status, the investment must be “substantial” and “non-marginal.”

What Does “Substantial” Mean?

One of the most common reasons for denials of E-2 applications is that the investment is not substantial.  There is no set minimum amount that the government will consider a substantial investment, but, in practice, many consular posts will require an informal minimum threshold investment of $50,000. However, a more realistic minimum would probably be $100,000 or more.  When determining substantiality, the government may apply a “proportionality test,” which compares the amount of the investment with the estimated cost of establishing the business, or, for an already-existing business, the cost of its establishment.  For example, a business costing $100,000 might require an initial investment of 75-100% of the start-up costs, while an applicant investing only 60% in the establishment of a business costing $500,000 or more may be sufficient.

What Does “Non-Marginal” Mean?

An investor must also prove that the business the investor hopes to establish will not be “marginal.” Marginality is defined as an enterprise that does not have the capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. In other words, the investment must have the potential to expand job opportunities or otherwise have a positive and significant impact on the local economy. It may not simply be an investment in a business that will produce no more for the community than the monetary gain of the investors.

Work with an Experienced DC E-2 Visa Attorney

E-1 and E-2 visas require rigorous documentation of investments and the future earning a potential of the enterprises involved.  If you are interested in learning more about either type of visa, do not hesitate to contact one of our DC E-2 visa lawyers for a consultation. For our internationally-based clients, we can conduct the meeting over Skype or telephone.

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