E-2 visa – investor visa
If you would like to live longer in the US, you can apply for a category E visa; E-visas can be extended indefinitely and differ from other types of visa. As long as the applicant meets the requirements of an e-visa, he can practically stay in the US permanently.
Investor Visa USA
The investment E-2 visa is suitable for companies or entrepreneurs who want to invest in a US company. It does not matter whether the applicant invests in a company that has been around for some time, whether it buys it or whether it founds a new company.
Germans are eligible to apply for an E-2 visa
Both the E-1 and E-2 visas are available to nationals of states that have bilateral trade agreements with the US. German citizens are basically entitled to apply for a Category E visa due to the Friendship, Trade and Shipping Treaty concluded between the USA and Germany.
Requirements for the US company
An indispensable condition is that the US target company is at least 50% owned by German nationals. If, for example, US-Americans are to be involved in the enterprise, particular attention must be paid when setting up the company to the German minimum participation of 50%. Special caution is also required if Germans who already have a permanent residence permit for the USA (“green card”) are involved or should be involved. They do not apply in the present context as German citizens!
Requirements for the applicant
The applicant must be a German citizen and either be the majority owner or have a key position in the US company. In addition to the owner, an E-2 visa is ultimately only granted to persons who have the same managerial powers or employees with special skills that are not available on the US job market and can not be acquired in a relatively short learning period.
As a general manager, the employee must be able to act freely and have a significant influence on the company’s policy, as a staff member with specialist knowledge, it is advantageous, but not essential, that he has experience in the field in which he is to be employed in the US company. and is also remunerated according to his / her special qualifications.
Not every business idea qualifies the investor or other persons for an E-2 visa. For example, no e-visa is issued for the purchase of a property in the hope of being able to sell it profitably in the future; rather goods should be produced or services offered. It is essential that the success of the company makes the daily presence of the applicant on-site indispensable.
The investment in detail
What often surprises many applicants is that the US generally requires that they have invested before receiving the visa; When applying, this must be demonstrated by means of suitable documents. An e-visa is therefore not issued so that the applicant can travel to the US to make investments, but it is granted so that the applicant can build and / or direct the company in which he has already invested in accordance with the regulations , Anyone who is afraid to invest higher sums even before issuing an E-2 visa can “park” the funds in individual cases on a trust account and place their payment or the corresponding contracts under the (sole) condition that the visa is issued , Of course, we take care of the most efficient legal process,
Moreover, the relevant legislation does not specify what constitutes investment. While renting office space and / or property usually only counts as an investment, if and to the extent that it has been paid in advance, the purchase (or import) of equipment, machinery, and / or goods generally presents itself as an investment Investment.
Also, the amount of investment is missing exact legal requirements. However, it must be ensured that the investment will make the company profitable in the near future. The amount of the investment can often be determined by way of a comparison by determining the sum that would be needed to buy a comparable company. In any case, the investment should yield so much profit that not only the living expenses of the claimant and his family can be compensated, but also other US employees can be employed.
intentions to return
The Applicant must leave no doubt that he will leave the United States if the conditions for his visa status no longer exist, for example, the company fails or the employment contract with the qualifying company is terminated. The consulate is required to comply with the unambiguous declaration of intent of the applicant. However, if it has reasonable doubts as to the truthfulness of the letter of intent, it may require that adequate links with the country of origin be properly demonstrated.
With the lead applicant qualifying for an E-2 visa, his or her spouse and unmarried children under the age of 21 can travel to the US without further conditions. However, various forms must also be completed.
The children are allowed to attend school and the spouse is allowed to work in the USA. Whether the latter in addition to his visa still requires a work permit, however, is controversial between the USCIS immigration and the Social Security Administration. For safety’s sake, such should be requested before starting work.
Our advice on the E-2 visa
Above all, the need for an early investment causes a need for advice for most entrepreneurs wishing to apply for an E-2 visa. Since the legal regulations are so far unclear, it requires an experienced consultant, who examines for you the chances of success of your US engagements. We would be happy to discuss your project with you as part of a legal counseling interview and clarify whether you meet the requirements for an E-2 visa or which other alternatives exist in your specific case.