Investing in America under the E2 Visa
Shah Peerally Law Group PC
The E2 Treaty visa
US Investment Visa Options
www.PeerallyLaw.com
Phone (510) 742 5887

How To Qualify under the E2 Visa?

To qualify, the investor must establish the
following:

(1) the individual is a national of a treaty country;

(2) the individual has a “substantial investment” or
plans to substantially invest in a “real, continuing
commercial enterprise”; and

(3)the individual is coming to America to develop
the investment.

What is an E2 Visa

An individual can acquire an E-2 visa if the
individual is entering the U.S. to invest in a
continuing commercial enterprise. Note that E-
2 Treaty investors should be distinguished from
EB-5 immigrant investors.

Unlike EB-5 visas that grant conditional
residency, an E-2 only confers nonimmigrant
status.

Who Qualifies for E2 Visa?

As a treaty investor, you must be coming to the
United States to invest in a new or existing enterprise.

USCIS defines an E-2 investment as the investor’s
placing of capital, including funds and other assets, at
risk in the commercial sense with the objective of
generating a profit. Your investment may be for the
purpose of establishing a new business venture, or
purchasing a pre-existing business. In either
scenario, you must demonstrate that the capital you
are investing is substantial.

Your investment must be in a bona fide
enterprise and may not be marginal.

A bona fide enterprise is one that is a real, active
commercial or entrepreneurial undertaking which
produces services or goods for profit. The enterprise
cannot be an idle investment held for potential
appreciation in value, such as undeveloped land or
stocks held by an investor who has no intent to direct
the enterprise.

A marginal enterprise is one that will not generate more
than enough income to provide a minimal living for you
and your family or to make a significant economic
contribution.

Some of the evidence you may submit to
demonstrate that your business is bona fide
includes:

Notice of assigment of an Employer Identification Number from the Internal Revenue
Service (IRS)

Tax returns

Financial statements

Quarterly wage reports or payroll summaries (i.e., W-2s and W-3)

Business organizational chart

Business licenses

Bank statements, utility bills, and advertisements/telephone directory listings

Contracts or customer/vendor agreements

Escrow documents

Lease agreement

Some of the evidence you may submit to
demonstrate that your business is not marginal
includes:

Detailed business plan or executive summary showing
that your business will produce more than a minimal
living for you and your family or will create a significant
economic contribution, along with any evidence that
you believe will support the statements in your
business plan.

U.S. or foreign individual tax returns

Financial statements

Payroll summaries (i.e., W-2s and W-3)

You must be in possession of the funds you will invest and
the funds must be committed to your business.

You must demonstrate that the capital you
invest is irrevocably committed to the
enterprise and subject to partial or total loss
in the event that the entity fails. The funds
you invest must also be your own.
Additionally, the invested funds must be
substantial in relationship to the total cost of
either purchasing an established enterprise
or creating the type of enterprise you are
considering.

Some of the evidence you may submit to demonstrate that your
investment is substantial and irrevocably committed to the enterprise
includes:

Canceled money orders and/or checks

Corresponding personal and/or business bank statements

Itemized list of goods and materials purchased for the start-up

Corresponding financial accounting documentation

Lease agreement

Term Sheet, Letter of Intent, or Memorandum of Understanding

Bill of sale

Escrow documents

Loan and/or mortgage agreements

Capitalization table

Valuation analysis of business assets

More evidence...

Purchase agreement for business assets

Valuation analysis of stock

Stock purchase agreement, accompanied by:

Meeting minutes

Stock ledger

Stock certificate

Corresponding forms of payment for stock

You must be able to provide the source of
your funding.

You must show a clear and legitimate path
regarding the source of the capital you will be
investing. You must also demonstrate that the
funds you are investing have not been obtained
through criminal means.

Some of the evidence you may submit to
demonstrate the source of your capital includes:

Wire transfers, money orders, and/or canceled
checks

Foreign and domestic bank statements

Foreign tax returns

Pay records

Property records

Loan and/or mortgage agreements

You must be coming to the United States to
develop and direct the enterprise.

You must show that you will develop and direct
the investment enterprise by demonstrating
ownership of at least 50 percent of the
enterprise, or by possessing operational control
through a managerial position or other
corporate devices.

Some of the evidence you may submit to demonstrate your
capacity to develop and direct your business venture
includes:

A detailed list of all owners and their percentage of ownership. If you are one of two
50 percent owners, or own less than 50 percent of the enterprise, the documentation
should be signed by all owners in order to evidence that you possess a controlling
interest

Capitalization table

Stock purchase agreement, term sheet, letter of intent, or memorandum of
understanding

By-laws

Meeting minutes

Stock certificates or stock ledger

Articles of incorporation/organization

Annual report or U.S. Securities and Exchange Commission (SEC) Form 10-K

Partnership agreement

Franchise agreement

How Can An E2 Visa Law Firm Help?

The E2 Visa does not seem to be complicated, however,
navigating the difficulties of the immigration department
(DHS) and State Department can be a daunting task.

The Shah Peerally Law Group PC can help:
1. Preparing the documents; and
2. Preparing you for the interview;

We are proud to say that we have had great success with
E2 visa and other immigration visas!.
Call us for our expertise at (510) 742 5887

Important

Information provided on the slides, videos and
websites are provided for educational purposes
only. You should not act or refrain to act solely
on the information provided. You should contact
an attorney for assessment, consultation or to
prepare your case. Feel free to call us at (510)
742 5887 or visit www.PeerallyLaw.com for
more information.