The US offers prime investment opportunities, having centralised its position in the global market and delivering consistent, rapid growth across many commercial sectors. Assessing such options can be a valuable direction for UK investors who wish to branch out with their investments and additionally seek the potential opportunity to live in the US as part of their investment plans. But among its many benefits, such a decision comes with a key consideration: how can you access this market, and what are the steps towards qualifying for the right visa?
Among several US visa options, the E2 investor visa offers the most accessible visa pathway for individuals wishing to apply on the grounds of their investments. It is issued as a non-immigrant visa classification, meaning that it does not offer a pathway towards permanent residence, but as long as you are able to sustain your investment, there is usually no limit to how often it may be renewed.
As such, the E2 investor visa can offer a longstanding and attainable route towards maintaining a successful investment in the US.
Understanding the E2 Visa: Considerable Capital Investments
At its core, the E2 visa requirements are centralized around an applicant’s capacity for making a committed and substantial investment into a viable US business. As such, to understand how to qualify, you need to understand how your means and capital will be assessed in the context of this visa application.
Specifics of what you will need when trying to qualify for the E2 investor visa can vary, and the term ’substantial investment’ or ‘substantial capital’ is commonly used, which can seem pretty vague if you’re only starting to understand the requirements and options for this visa. But overall, this just means that the E2 visa requires you to have the capacity and intention to commit a significant sum towards a US business, whether that is to buy an existing business or to set up a new business. A benefit of this visa pathway is that it is fairly flexible in the type of business that you might want to invest in, as long as it qualifies legally. However, you will need to make a considerable investment: your business will not qualify if it is considered marginal.
Given the significant financial commitment and nuanced legal criteria of the E2 visa, UK investors find it invaluable to consult with an experienced US immigration lawyer. Professional guidance can help structure the investment and application to meet stringent visa requirements, thereby strengthening case approval.
The E2 visa seeks applicants who can show that their investment will amount to a proper commitment on their end, meaning that they have to be willing to invest enough to be dedicated to the business’s overall success, ensuring that this will not cause a burden for the US economy. As part of that, a goal will, of course, be to turn a profit, but you will also be expected to show a plan to hit certain margins of success as your investment proceeds, such as creating jobs for US workers as part of your business strategy. Unlike other visas, there is no set number of jobs that you will need to create, and you can consider the individual needs of your venture, but you should aim to show a positive economic impact.
You will also need to establish your business with a proper trading location, as home-run ventures are not eligible for this visa.
How To File A Successful E2 Visa Application as an International Investor
If you have decided that the E2 visa is suitable for your intended investment goals, formulating a thorough application strategy will help ensure success with minimal holdup. As such, you should first get a clear idea of your planned investment.
To qualify for this visa, you will need to show that you have either already made your investment in a qualifying business or that you are in the process of doing so, so understanding what it takes to take on the associated duties in the US will be a part of your journey here. As this visa requires your grounds for entry in the US to be solely based on your investment, it is best to show thorough engagement with the business of your choice. You may show that you qualify by presenting evidence that you own at least 50% of the business, meaning you have a well-established stake in this business’s success. You may also demonstrate your involvement via a managerial role, placing you in a core leadership position.
To apply for this visa, you will need to follow the application steps online by completing the electronic Form DS-160. As part of this, you will need to pay the associated application fee. Having completed this step, you will usually need to attend a visa appointment where you may be asked to provide details of your finances, investment, and personal background. You will need to provide your passport and the confirmation number from your electronic application form, as well as any additional supporting evidence to back up your circumstances and investment claims.
Where the E2 Investment Visa May Take You: Exploring Your Future Trajectory
As established, the E2 visa is not a permanent immigration visa, as it will have to be renewed for you to be permitted to stay in the US longer. Nevertheless, it offers a considerable amount of potential to you and your business.
First of all, the E2 investor visa may allow you to bring your family with you to the US, provided that you have the means to provide for them. Family members of a qualifying E2 investor will usually also be able to seek education or employment, meaning that despite its technically limited nature, the E2 visa offers a viable way to have a life in the States.
Beyond this, the E2 investor visa also offers an application pathway for employees of your business, allowing you to further push and support the continued growth and success of your company. To qualify, employees who you might want to join you in this venture will need to be of the same nationality as you, have the relevant skills, and be given a position at your company to take on either an executive or supervisory role. Finally, they must qualify under the legal conditions that constitute genuine employment.
