How to obtain the E-2 investor visa?

In this week's Consulta Migratoria® column I explain what it is, who is eligible and how to obtain an E-2 investor visa that allows you to live and work legally in the United States.

This is the column:

I am often asked how a person can legally immigrate to the United States through a business. It is not easy, but it could be a viable option for those who qualify. One of the challenges is that the cost of processing these types of visas is so high that many people are discouraged from applying for them. But they are available to those who have the financial means or access to legal capital (it must be proven that the money does not come from illicit sources, such as drug trafficking).

Each year, the U.S. grants investor visas to eligible individuals. There are different categories, with different requirements, that allow foreign nationals and their immediate families to live temporarily or permanently in the country.

In this column I will explain how the E-2 visa works. This visa is granted to investors coming from countries that have commercial treaties with the U.S.

Currently, the U.S. has trade agreements with 80 countries. Those in Latin America are Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Honduras, Mexico, Panama and Paraguay. It also has a treaty with Spain. At the moment, there is unlimited availability in this visa category.

To obtain the E-2 visa, the investor must come to the U.S. for the sole purpose of conducting or developing a commercial enterprise and must own at least 50% of the business.

The amount to be invested is determined by the situation, but it cannot only generate income that benefits only the investor and his or her family. It must have a significant economic impact for the US.

The advantage of the E-2 visa is that it also allows employees to be brought in from a country with which the U.S. has a trade agreement. These employees must be executives or managers or have specialties necessary to operate the business in the U.S. Spouses and minor unmarried children of the investors and their employees may also obtain the E-2 visa.

The big disadvantage is that this visa is temporary. At the end of the term, they must leave the country unless the investor finds another legal way to stay permanently in the U.S. However, the visa can be extended indefinitely as long as the trade agreement with your country remains in effect.

The process of obtaining an E-2 visa is complex. To be successful, consult with an immigration attorney before beginning the process.