What kind of visa should I apply for if I am planning to start a business in the United States as a foreign national?
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Starting a Business in the United States with an E-2 Visa
As a foreign national looking to start a business in the United States, you may be eligible for an E-2 visa. The E-2 visa is a non-immigrant visa that allows foreign nationals to enter and work in the U.S. for a temporary period of time in order to invest in and manage a business they have established. In order to qualify for this visa, an applicant must be a national of a country that has a treaty of commerce and navigation with the U.S. and must have invested a substantial amount of capital in a U.S. business.
Requirements for an E-2 Visa
To qualify for an E-2 visa, an applicant must meet the following requirements:
- Be a national of a treaty country. A list of treaty countries can be found on the U.S. Department of State website.
- Invest a substantial amount of capital in a U.S. business. The amount of capital required will depend on the type of business being established and the overall cost of doing business in the chosen location. The investment should be enough to show that the business is not just for personal income but is intended to create a viable commercial enterprise.
- Prove that the investment is "at risk." This means that the money invested could be lost if the venture fails, and that the investment is not simply a passive investment such as buying stocks.
- Show that the applicant will be involved in the management of the business. This can include holding a position on the board of directors, having executive or supervisory responsibilities, or possessing specialized skills that are essential to the business's operation.
- Meet the other eligibility requirements such as an absence of citizenship or security concerns and other requirements as per the State Department.
It is important to note that the E-2 visa does not provide a path to permanent residency in the U.S., but rather provides temporary authorization to reside and work in the U.S. for the purpose of managing and investing in a business. Moreover, it is advisable to speak with an experienced and qualified immigration attorney to determine if the E-2 visa is the best option for your specific situation, as factors such as the nature of your business and your intended location may impact your eligibility.
