Monday, June 29, 2015

E-2 Visas for Investors



Immigration Attorney Raj Iyer explains who qualifies for an E-2 treaty investor visa.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

E-2 investor visas are for a nationals of a country with which the US has a commercial treaty and who is coming to the US solely to direct and develop the operations of an enterprise in which he has invested, or is actively involved in the process of investing, a substantial amount of capital.

An investment is the E-2 investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit.  The capital must be subject to partial or total loss if the investment fails.  The E-2 investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.

A substantial amount of capital is:

• Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one:

• Sufficient to ensure the E-2 investor’s financial commitment to the successful operation of the enterprise; and

• Of a magnitude to support the likelihood that the E-2 investor will successfully develop and direct the enterprise.  The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

The investment enterprise may not be marginal.  A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the E-2 investor and his family.

For more information please see our E-2 Treaty Investor Visas page: http://shusterman.com/e2treatyinvestor.html

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