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To qualify as a Treaty Investor (E-2):
The investor (either a real or corporate person) must be a national of a treaty country.
The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost enterprise must be higher than the percentage of investment in a high-cost enterprise.
The investment must be a real operating enterprise. Speculative or idle investment does not qualify.
The investment must not be marginal. It must generate significantly more income than needed to provide a living to the investor and family, or it must have a significant economic impact in the United States.
The investor must have control of the funds, and the investment must be at risk in the commercial sense. For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted.
The investor must be coming to the US to develop and direct the enterprise. If applicants are not the principal investors, they must be employed as a supervisor, executive, or as the possessor of highly specialized skills.
1. The Investment Cannot be Marginal. In other words, the investment must generate more than just enough income for the owner to make a living and must eventually be able to generate jobs in the U.S. You will need a 5 year business plan with projections.
· If the value of the business or the cost to start is less than $500,000, a minimum 75% investment is required.
· If the value of the business of the cost to start is between $500,000 and $3M, a minimum of 50% investment is required.
. If the value of the business or the cost to start it over $3M, a minimum 30% investment is required.
You have to have at least 51% ownership. You will also need to showthat you have the necessary education and/or education to manage the investment. You will have to show what your role will be in the day to day management. You need to demonstrate your intent to leave the country when you are no longer invested in the business (this is done by a letter stating such). The e-2 investment visa is normally granted for 2 years and renewable every 2 years for as long as you are invested in the business. You cannot arbitrarily change business. Spouses can work on their visas and children can go to school
The Department of State has a very comprehensive website that gives a wealth of valuable information. http://travel.state.gov/visa/temp/types/types_1273.html
Your E2 visa application must be accompanied by a very detailed business plan which includes this type of information:
Financial predictions of costs, sales, profits,any underlying economic assumptions A description of the source of funds, evidence that funds were lawfully obtained Explanation of staffing projections, job descriptions and hiring timetable Description of the business, products, services, strategies, goals and objectives Organizational and ownership sturcture and level of participation for each of the designated principals The business development plan, maketing, pricing, advertising, customer service, quality assurance details Market analysis Comparison of competitors and how this product/service will compete in the market place List of all permits and llicence requirements. Generally it takes a minimum of one month from the time you submit the E2 visa application to the time you actually have the visa stamp. Most consulates require you to file the entire packet in advance to allow them time to review and research it before they schedule the interview.
You can find a qualified business attorney in the locality of the business by going to www.ailalawyer.com
I also highly recommend www.superlawyers.com You can research for a immigration business lawyer and these "superlawyers" are peer reviewed and recommended based on their reputations among the immigration law community.
Thanks for your quick reply, Judith!
I need to be honest, i got a little confused, lets say i invest 120,000USD and therefore I would hold 51% of the company, does this fulfill a part of the requirements?
So, lets imagine that i own now 51% of the Company, and i do want to open up a new branch in Arizona. (Company is placed in Texas) I understand that i do have to present a business plan for the upcoming 5 years. Now my question is, do i have to employ from the beginning at least 5 people - or once I open the branch (lets say in the 2nd year).
Thanks again for your help
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