The E-2 visa allows foreign nationals to enter and work inside of the United States based on a substantial investment they will be controlling and developing. For many high net worth individuals and families wanting to gain residence in the US, the E-2 visa is an appealing pathway due to its renewability and lack of quota. However, a key factor is meeting the E-2 visa minimum investment threshold. This article will dive into the ins and outs of E 2 visa minimum investment requirements, quotas, application process and costs.
What is the minimum investment for E2 visa in 2023?
The E-2 visa does not have a strictly defined minimum investment amount by the U.S. government. Rather, the investment needs to be “substantial” enough to generate significantly more income than just for the investor and their family. Generally, USCIS has considered a minimum investment in the range of $100,000 to $200,000 as meeting E-2 visa requirements in recent years. However, lower amounts such as $50,000 may also be deemed substantial if the business has significant potential for job creation and broader economic impact. On the higher end, investments above $500,000 would clearly meet E-2 visa investment thresholds. When preparing an E-2 visa application, the applicant should be prepared to make a compelling case that their investment is substantial based on the nature and projections for the business or franchise. Having solid supporting documents on expenses, assets, business plan projections, job creation and community benefits will help demonstrate that your investment reaches E-2 minimums.
Does the E2 visa have quota limitations?
A major advantage of the E-2 visa compared to employment-based green cards is that it is not subject to annual quotas or caps. Any qualifying E-2 applicant from one of the eligible treaty countries can receive an E-2 visa, assuming they are approved after submitting Form I-129 and attending a visa interview. The E-2 visa thereby provides a more flexible and quicker pathway to work authorization and residence in the U.S. compared to backlogged green card categories. After the initial 2-year E-2 visa validity period, the visa can be renewed indefinitely every 2 years. There are no limits on how many times it can be renewed as long as the underlying E 2 visa investment remains active and meets program requirements.
How much does it cost to apply for and renew an E2 visa?
The E-2 visa application itself costs $460 to file Form I-129 for the first time. If you are filing Form I-129 again to renew E-2 status, the fee is reduced to $215. There are also other costs associated with an E-2 visa such as:
– Attorney fees to prepare the case and represent you, often around $2,000 to $5,000+
– Accounting fees if producing financial documents and business plans
– Actual minimum investment into the U.S. business, generally over $100,000
– USCIS Immigrant Fee of $220 (a one-time fee for first E-2 principal applicants)
– Any business licensing and registrations required in the state
– Business liability insurance premiums
In total, an applicant should budget anywhere from $125,000 to $250,000+ when accounting for the E-2 investment as well as preparation and legal fees over the first few years.
How to prove that your E2 investment reaches minimum requirements
Some tips for demonstrating your investment passes the minimum thresholds:
– Have a solid and realistic business plan. Work with an accountant or attorney to have strong financial projections.
– Invest more than the absolute bare minimum, ideally $150,000+. Lower amounts draw more scrutiny.
– Have supporting funds in your home country bank accounts as reserves.
– Source your investment funds from legal sources like savings, sale of a house, investments or parents. Be transparent on documents.
– Make the investment into tangible assets related to active business operations. Funds sitting in accounts don’t count.
– When possible, invest in areas like high unemployment where the business can create jobs.
– Highlight complimentary skills of yourself and any employees to operate the business. You must be developing and directing the E 2 investment.
The minimum investment amount for an E-2 visa is not precisely defined by regulations, but generally falls in the range of $100,000 to $200,000. While lower amounts are possible, getting approval with the minimum investment often poses difficulties and risks. Applicants should make a compelling case that their business investment is substantial and benefits the U.S. economy. There are also other considerable costs like legal fees and business expenses. With strategic planning and preparation, the E-2 visa offers high net worth individuals and families a flexible, quota-free pathway to reside and work in the United States.