E-2 U.S. Investment Visa

With nothing more than a passion for business and the will to invest, a path opens to legally reside in the United States while running your own business. The E-2 investor visa is a nonimmigrant visa based on a substantial investment in a U.S. business—a practical option to operate your own enterprise and build a life in America. Though not permanent residency, it allows long-term stay through renewals and permits the spouse to work, enabling the whole family to maintain a stable life in the U.S.

E-2 U.S. Investment Visa

About E-2 U.S. Investment Visa

The E-2 U.S. investment visa is often called a small investment visa because it generally requires a smaller investment than the EB-5 investor immigrant visa. It is available to individuals or companies that intend to acquire, establish, and operate a business in the United States with a substantial amount of capital. When a company invests, executives or employees with essential skills or knowledge may also qualify, so E-2 visas are sometimes used when sending staff to a U.S. branch. Although the E-2 visa is a nonimmigrant visa unrelated to permanent residence, after obtaining an E-2 visa in Korea, the visa holder may freely enter and leave the United States during the visa validity period and may extend the period of stay every two years. The visa may be issued to the whole family, and a spouse may work after receiving employment authorization.

There is no exact investment amount specified for an E-2 visa, but an investment of approximately USD 200,000 to 300,000 is generally considered appropriate. As long as the business continues to operate, it can serve as a semi-permanent visa that maintains lawful status in the United States. Children accompanying an E-2 visa holder may receive free public education benefits until age 21.

Benefits

1

Entry with a spouse and children under age 21 is available.

2

Children can receive tuition benefits equivalent to U.S. permanent residents or citizens.

3

Although status must be renewed every two years, the visa holder may stay in the United States without a limit on the number of renewals as long as the business is maintained.

4

A spouse may also receive an Employment Authorization Card and Social Security number, allowing employment and a permanent residence application. * Daeyang Immigration Law Firm introduces businesses only after sufficiently analyzing profitability and stability.

Eligibility

  • The E-2 applicant must be a citizen of a country that currently has an E-2 treaty with the United States.
  • In the case of a joint investment, at least 50% of ownership must be held by Korean nationals.
  • The E-2 applicant must make a substantial investment.
  • Although there is no fixed investment amount, an investment of around USD 300,000 is generally appropriate. Passive investments such as real estate or stock investments for interest or dividend income are not recommended, and the investment must be made in a lawful and real business.
  • The business to be invested in must be profitable. If profitability is low at the time of investment, sufficient profitability must be achieved within five years, meaning the business should generate income above the minimum living expenses of the investor and accompanying family.
  • For a corporate investment, the applicant must be an employee of the Korean parent company with essential skills or knowledge for the U.S. investment. For an individual investment, the applicant must own at least 50% of the business.
  • The E-2 visa applicant must intend to return to Korea when the work in the United States ends. To prove this, the applicant should be able to explain assets and family relationships remaining in Korea.
  • The applicant must actively direct and develop the business.
  • The applicant must show the ability to operate the business successfully. This can be demonstrated through managerial ability or business operation experience in the applicant's career history.

Business / Industry Change

Immigration law does not specify exactly how to handle an industry or business-type change. However, 8 C.F.R. 214.2(e)(iii) requires prior USCIS approval when there is a substantive change to E-2 status, and examples include mergers, purchases, and sales of a business. Therefore, if interpreted strictly, even an industry change accompanied by a sale should be reported to USCIS in advance. A corporate closure must also be reported to USCIS.

Extension / Renewal

For an E-2 extension or renewal, business revenue, net income, and employment status are generally reviewed. However, an extension is not automatically denied simply because the business has a deficit or has no employees other than the investor's family. There are other standards and conditions that consular officers and examiners evaluate, such as additional investment, other income sources, the applicant's other assets, and a well-prepared five-year business plan. Because E-2 renewal or extension can be filed three months before expiration, it is important to check eligibility in advance.