To qualify for E-2 classification, which is a non-immigrant visa category for individuals from treaty countries who wish to invest in and manage businesses in the United States, you must meet certain eligibility criteria. Here are the key requirements to qualify for E-2 classification:
Treaty Country Eligibility: You must be a national of a country that has signed a treaty of commerce and navigation or a bilateral investment treaty with the United States. Not all countries have E-2 treaty agreements, so it is essential to check the eligibility based on your country of citizenship.
Investment: You must make a substantial investment in a U.S. business. The investment must be at risk, meaning there is a risk of loss, and it should be substantial in relation to the total cost of purchasing or creating the business. While there is no fixed minimum investment amount, it must be sufficient to ensure the success and viability of the business.
Active Management or Direction: You must demonstrate that you will be actively managing or directing the business in which you have invested. This means having a controlling interest in the business and being involved in the day-to-day operations and decision-making processes.
Source of Funds: You must provide evidence that the funds for the investment come from a legitimate source. This includes documenting the lawful acquisition of the investment capital, such as bank statements, tax records, business ownership records, and any other supporting documentation.
Non-Marginality: The business in which you have invested must not be considered marginal. Marginality refers to a business that does not have the present or future capacity to generate more than a minimal living for you and your family. The business should have the potential to create job opportunities and contribute to the U.S. economy.
Intent to Depart: You must demonstrate that you have the intent to depart the United States upon the expiration or termination of your E-2 status. This means that the primary purpose of your stay in the United States is to develop and direct the business, rather than to immigrate permanently.
It is important to consult with an experienced immigration attorney or professional who specializes in E-2 visas to assess your specific situation, determine your eligibility, and guide you through the application process. They can provide guidance on meeting the requirements, preparing the necessary documentation, and addressing any updates or changes in immigration laws and regulations related to E-2 classification.