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The E-2 Visa allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business either as a start-up business or purchasing an existing business.
What is a substantial amount of capital in an E2 Visa investment?
A substantial amount of capital is:
Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
The E2 Investment must be in a Bona Fide Enterprise:
A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It can refer to a start-up business that when running would meet the same criteria as an active operation. The business must meet applicable legal requirements for doing business within its jurisdiction.