What are the eligibility requirements for an E-2 visa as an investor?
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As a lawyer, I can provide legal advice regarding the eligibility requirements for an E-2 visa as an investor.
To be eligible for an E-2 visa as an investor, an applicant must meet certain requirements. These requirements include:
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Nationality:
The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States. The treaty investor must be the same nationality as the treaty country.
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Investment:
The applicant must make a substantial investment in a bona fide enterprise in the United States. This investment must be sufficient to ensure the successful operation of the enterprise.
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Entrepreneurial activity:
The applicant must be coming to the United States to develop and direct the enterprise. The applicant must have at least 50% ownership of the enterprise or possess operational control through a managerial position.
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Marginality of the investment:
The investment must not be marginal, meaning it should have the capacity to generate significantly more income than just to provide living expenses for the investor and their family.
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Source of funds:
The funds used for investment must be from a lawful and legitimate source. They should also be in the investor’s possession and under their control.
It is important to note that there may be certain limitations or exceptions to the eligibility requirements for an E-2 visa as an investor, and these may vary based on the specific circumstances of the individual case. Therefore, it is recommended to consult with a licensed attorney for further guidance and advice.
In terms of further action, an applicant for an E-2 visa as an investor should prepare a comprehensive business plan, detailing the proposed investment and how the investment will create employment for US workers and contribute to the US economy. Additionally, the applicant should be prepared to provide extensive financial and personal documentation to USCIS in support of their application. A thorough understanding of the E-2 visa application process is also recommended to ensure a successful outcome.
