There are three requirements necessary to obtain an E2 visa, which is intended for treaty investors. To receive one, the investor must be an E2 treaty country national, must make a considerable investment, and he or she needs to develop a bona fide enterprise. If you’re an investor running a small business, fulfilling that third requirement often leads to a common problem.
A bona fide enterprise is defined as one that is capable of generating above average living expenses for a treaty investor and his or her family. The investor must be able to show that it can be done in five years from the date that the E2 classification is received. If it’s not possible to achieve that, the investment becomes what’s called a “marginal enterprise”. An applicant that has invested in one of these types of businesses has greater odds of being denied an E2 visa and may also face a greater amount of questions regarding the business finances.
To avoid the questions associated with marginal enterprises, E2 applicants should make sure their business plan is thoroughly researched. Bringing along documents such as financial statements and business licenses can also help.
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This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.