ENGLISH
GERMANImmigration Law – E-2 Investor Visa
By Ellen von Geyso – Of Counsel – Urban Thier Federer & Jackson, P.A.
The United States of America has always been considered to be a traditional immigration country. While immigration laws continue to become increasingly strict, with the appropriate Visa, living and working in the United States is an option for the foreign investor.
E-2 Treaty Investor Visa
The E-2 Treaty Investor Visa is suitable for applicants who intend to invest in the United States, whether through a business entity or an individual. The E-2 Visa requires the applicant be a citizen of one of the treaty partner countries. Germany, Austia and Switzerland are treaty partners with the United States.
The E-2 Visa requires an investment that guarantees the successful operation of a business. There are no strict limitations to the investment. As a matter of fact, the investment percentage for a small business has to be greater than the investmet percentage for a small business has to be greater than the investment percentage for a large business; the only stipulation is that the business must be active in order to fulfill the requirements; therefore, speculative businesses do not qualify for this particular Visa.
The entrepreneur has to establish that the business is profitable. Basically, this means that the application should include a business plan, which shows that within the next five years the business is going to generate enough income to support the applicant and his family. Proof of profitability can also be shown by pointing out an advantage of the business for the United States, such as the generation of new jobs. Contrary to previous legal regulations, proof of financial independence of the investment, such as the ability of the investor to fall back on other financial resources, is no longer required.
Moreover, the investor must take an active role in the investment. For example, in the case of the purchase of three apartments, the pure rental income without any active effort would be viewed as only a passive investment. The investor or applicant therefore has to take on an active role in management of the purchased property in order to justify the granting of a Visa.
With the E-2 Investor Visa, family members are granted permission for entry and spouses are permitted to work in the United States. Family members are not required to be citizens of the respective treaty country. The Visa application is submitted to the appropriate United States consulate abroad and is decided there.
Ultimately, the investor must travel to the United States to exercise control over the investment and to supervise and continue developing the investment. Should the applicant not be the main investor, then he should be employed in an executive position or highly specialized skill capacity. The application will only be granted by the consulate after a personal interview. The holder of the E-2 Visa will initially receive permission for entry for a maximum duration of two years. It is important to consider the expiration date of the passport.
The author is a licensed attorney in Hamburg, Germany and the State of Florida, United States. Legal representation in non-immigrant cases is possible for all United States consulates and United States states.
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Filed under the Immigration category.