REQUIREMENTS

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• The E-2 visa applicant must hold citizenship of a treaty country under the E-2 agreement. This treaty has been signed between the United States and the majority of participating countries.
   

• Investments from $100,000 and documentary proof of the lawful source of funds. U.S. authorities must be satisfied that the funds invested into the American economy were lawfully earned or received as a gift with all applicable taxes properly paid.
   

• At the time of the visa application, approximately 70% of the investment funds should already be committed to business-related expenses such as a website, office rent, vehicles, internet services, advertising, salaries, and other operational costs.
   

• Business Plan
  
  A detailed 5-year business plan is required, demonstrating how the company will develop, the number of employees planned for hire, projected revenue, and other operational and financial forecasts.

 

Processing Times

 

On average:

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• 4–6 months — standard petition processing;

• 15–30 days — premium petition processing.

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Requirements for the U.S. company

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- One of the key requirements is that at least 50% of the U.S. company must be owned, for example, by citizens of the Netherlands if the E-2 visa application is being submitted by Dutch citizens. Particular attention should also be paid to situations in which Dutch citizens who already hold U.S. permanent resident status (green card holders) participate or plan to participate in the company structure, since for E-2 visa purposes they are no longer considered citizens of the Netherlands.

-Investors should ensure that the purchase price (in the case of acquiring an ownership interest) is injected into the company through a form of capital increase and used for the company’s operational needs, rather than being transferred to the seller of the shares. The investor must also be able to demonstrate an intention not only to continue the existing business, but also to further develop and expand it. This is particularly relevant in cases involving the acquisition of the entire company, where the purchase price would naturally be paid to the previous owner.

Important 
 

It is also important to maintain internal control over the applicant’s ownership percentage in the enterprise for E-2 visa purposes (cap table, corporate registry extracts). If the ownership share held by citizens of the treaty country falls below 50%, both the company and its employees immediately lose their E visa status, even if the visa stamp in the passport has not yet expired. In addition, visa validity periods and government fees vary depending on nationality.

Particular attention should also be paid, especially in the case of larger companies, to the fact that if the shareholder structure changes over time in such a way that the nationality-related requirements are no longer satisfied, previously issued E visas become invalid, even if their printed expiration date remains current. Employees who are physically present in the United States at the time of the ownership change may become unlawfully present once such changes are completed.


Required Investment Amount for an E-2 Visa
 

What often surprises many applicants is that the United States generally requires that the investment already be made before the visa is issued; this must be proven with appropriate documentation when filing the application.

Therefore, an E-2 visa is not issued so that the applicant may travel to the United States and only then begin investing, but rather so that the applicant may further develop and/or manage the company in which investments have already been made in accordance with the applicable requirements.

Tip: if the applicant is reluctant to invest large amounts of money before the E-2 visa is granted, the relevant agreements may be made conditional upon visa approval only; the funds may be transferred into an escrow account and released solely upon visa issuance.
 

It should be noted that the relevant legal provisions do not precisely define what constitutes an investment. While office and/or land rental is generally considered an investment only to the extent that it has been prepaid, the purchase (or importation) of equipment, machinery, and/or goods is generally automatically treated as an investment. Funds held in a company bank account are generally not accepted as investments. Investments must be “at risk” and “irrevocably committed.”
 

Acceptable investments include:

• prepaid rent;

• equipment;

• machinery;

• IT;

• construction costs.
   

A trust/escrow model is also possible if the sole condition is the issuance of the visa.

In addition, there are no precise statutory requirements regarding the amount of the investment. In cases involving smaller investments, it must be ensured that the company has progressed to a sufficient stage to commence full business operations by the time the applicant receives the visa.
 

Business Concept for a Business in the United States
 

Not every business concept qualifies an investor or other individuals for an E-2 visa. For example, an E visa will not be granted for the purchase of land with the intention of selling it later for profit, nor for the purchase of a luxury apartment intended for rental purposes. On the one hand, the business must involve the production of goods or the provision of services, and on the other hand, it must be demonstrated that the daily presence of the E-2 visa holder is necessary for the successful operation of
the company.

Additional information 
 

E2 Franchise or Own Business?
 

What type of business is the most suitable for obtaining an E2 visa? Most of our clients choose to operate their own business. However, this does not mean that a franchise cannot be a suitable option for an E2 visa. The advantages of a franchise are that it provides a ready-made business model, ready-made processes, instructions, and support. In this case, it is the purchase of a turnkey business. This may be beneficial for those who have little experience working in the American market and who do not know all the nuances of the American market.
 

What are the disadvantages of a franchise?
 

If we compare a franchise with operating your own business, then purchasing a franchise will be more expensive. A franchise almost always requires more investment than a similar independent business.

However, choosing larger or smaller investments does not guarantee profitability from the business.

When you invest in your own business, it requires more effort and investment but there are fewer restrictions in all aspects, which cannot be said about a franchise.

However, it should be emphasized that a franchise is especially useful without access to the United States before obtaining the E2 visa, when the business has to be launched remotely. Organizing a business in the United States remotely without physical presence and without a business partner is practically impossible, and in such a situation a franchise becomes the correct choice.

For a consular officer, there is no clear distinction between owning an independent business and operating a franchise. However, officers often issue positive decisions in cases involving franchises. A franchise is perceived as a more stable model from the point of view of the consular officer. This means that there is a franchisor behind you who will assist you.

Drawing a conclusion from all of the above, it can be stated that a franchise requires larger investments than an independent business. In the case of a successful brand, a franchise occupies a more advantageous position than an independently owned business.

In terms of control, however, an independent business has the advantage.

Risk: a franchise reduces business risks due to a proven business model. By investing a certain amount of money, the client is investing in protection intended to reduce their own risks.

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