How Can a Corporation Achieve E-2 Status

How Can a Corporation Achieve E-2 Status

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How Can a Corporation Achieve E-2 Status

 A qualifying organization that meets the following regulatory requirements is granted the E-2 nonimmigrant classification:

“Nationality” – For E-2 reasons, the treaty country’s nationals must hold the majority (50%) of the issued shares. Foreign nationals who are also US citizens or legal permanent residents are not eligible to meet the 50% criteria.

E2 visa we take care of everything
“The Investment” – You must have invested or be actively investing, which requires you to:
Demonstrate legal “Possession and Control of the Funds” – The investor must own and control the capital invested in the business, as well as establish the legal source of the funds. The cash could come from a business, a family, the investor’s own property, inheritance, savings, or gifts. Loans as part of the initial investment must meet certain conditions.
All invested monies are “At Risk” and “Irrevocably Committed” – The E-2 investor must demonstrate that monies have already been invested or that he or she is actively investing in the US company. The investor must show that the capital has been committed permanently to the prospective E-2 firm to the point of no return. The investment cannot be “speculative” or speculative.
Your investment must be “Substantial” – There is no minimum monetary amount that must be invested. Instead, the investment must be sufficient to assure that the business invested in is not speculative, but is, or soon will be, a profitable enterprise as a result of strong management and financial judgment.
The investment must include:
Significant in comparison to the overall cost of either purchasing an existing firm or starting one from scratch.
Sufficient to secure the investor’s financial commitment to the business’s success.
Amount sufficient to support the investor’s ability to successfully build and direct the business. The lower the cost of doing business, the bigger the relative investment must be to be regarded significant.
Your investment must be insignificant.
A marginal enterprise is one that does not have the current or future capacity to generate more than enough income to provide the investor and his or her family with a minimum standard of life. A new firm may not be classified marginal even if it lacks the current capacity to create money if it can be demonstrated that the business will be able to generate income within five years of the investor’s E-2 classification beginning.
The Company Must Be Operational
To receive E-2 status, the company must demonstrate that it is already in its “operational stage,” such as the manufacturing of goods or the real provision of services. In general, you cannot apply for a visa if your company is not ready to begin operations immediately after receiving the visa.
You must be able to “develop and direct” the business.
As the owner of the company, the investor may apply for E-2 status, or the owner may send key personnel who qualify based on nationality and possess the necessary abilities to “grow and operate the organization.” An employee must satisfy the following qualifications:
Be performing executive or managerial activities; or, if engaged in a less important role, possess particular qualifications that make the employee’s services “vital” to the efficient functioning of the business.


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Zvia MenteshZvia Mentesh
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