What is the E2 Visa Investment Amount?
The E2 visa investment amount refers to the capital that an individual must invest in a U.S.-based enterprise to qualify for an E2 treaty investor visa. There is no specific minimum threshold established by law – rather, the investment must be ‘substantial’ in the view of the USCIS.
Some factors that help determine whether the investment is ‘substantial’ are below:
- Proportionality. The amount of the investment should be ‘substantial’ relative to the purchase price or capital investment in the U.S. business.
- Sufficient for Success. There must be enough capital provided to ensure success of the business.
- At Risk. The capital must be ‘at risk’, meaning it could be subject to loss.
- Irreversible. The investment capital should be committed and not able to be reversed like money sitting in a bank account.
What Constitutes a Substantial E2 Visa Investment Amount
The bigger the investment in the cost or value of the firm, the more significant the E2 visa investment amount. Most examples involve lower percentages than, say, 100%. If the cost of doing business is lower, a greater percentage of investment is required. Thus, determining the minimum investment amount for an E2 visa is difficult. An average E2 investment of close to $150,000 U.S. dollars is appropriate for most company concepts.
- For Investors Present in the United States: If the investor files a petition for a change of status with USCIS, the investor must pay a $460 processing fee for Form I-129. The investor would need to file Form I-539 if they wanted to add their spouse and kids to their change of status petition. That brings the total cost of your E2 visa to $370 in fees. The investor would need to pay an extra $2,500 for the premium procedure, which is available to E2 visa applicants. Within fifteen days, the E2 petition will be handled.
- For Investors Filing from their Home Country: Form DS-160 must be submitted by the investor when requesting an E2 Visa at a US embassy or consulate in their nation. The processing fee for the DS-160, in addition to other E2 Visa fees, is projected to be $250 for the applicant and their dependents (spouse and children). Once the E2 visa is granted at the embassy or consulate, the applicant can additionally be assessed a nominal cost. The cost of this E2 will vary according to the nationality.
- Forming an Entity and a Business Plan : It is advised that applicants engage with a US lawyer to set up the firm if they are founding an LLC or corporation. The overall cost of the E2 visa, including fees and expenditures, will be determined by the externalities and the lawyer's salary. Along with their E2 application, the investment applicant would have to provide a business plan that complies with E2. A company that specializes in writing business plans should write the plan, and the cost of an E2-compliant business plan varies depending on the company. Again, the e2 visa investment amount is separate from E2 visa fees for business plans.
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How Much Business Investment Is Required for an E2 Visa
Any investment amount is possible as there is no minimum capital specified by the immigration regulations, but one on average E2 visa minimum investment should be more than $150,000 to get the visa. It is important to note that the investment should be at risk as it is being used for business purposes. If the funds (money for E2 cost) are in the investor’s bank account, it is not considered at-risk as per E2 visa requirements.
Factors Potentially Influencing the E2 Visa Investment Amount
The following are some factors that may influence the E2 visa investment amount:
- Type of Business: The nature of the business significantly impacts the required investment amount. A small service-based business may require a lower investment in comparison to a large operational business.
- Location: The cost of living and doing business varies across different regions of the United States. Therefore, the investment amount may be higher in expensive cities like New York or San Francisco compared to more affordable areas in other parts of the country.
- Industry: Certain industries may require more substantial investments because of higher startup and operational costs. One example is a high-tech startup that might require more capital than a retail store.
- Job Creation: There is a huge emphasis on job creation for American workers with the E2 visa. Generally, the more jobs your business can create, the more likely it is that your investment will be considered substantial in the eyes of the United States.
- Market Research: Knowing the market and the competitors may help determine how much money is required to start and run a firm.
- Legal and Regulatory Regulations: The total amount of investment required may change depending on the sector and region due to compliance expenses and regulatory regulations.
E2 Visa Fees (Filing at the USCIS)
- Filing Fee – Regular– $460
- Filing Fee – Premium – $2,960
- E2 Visa Fees (Filing at the U.S. Consulate) – Filing Fee– $205
- VisaPro Processing Time – 1 Week
Other Costs for the E2 Visa Investment
In addition to your investment, there are some other costs you may incur throughout the E2 application process, including:
- DS-160 Fee: $160. This fee must be paid before you attend your visa interview at a U.S. embassy or consulate abroad.
- Consular Filing Fees: Varies. These fees apply to individuals who file an E2 visa from outside the U.S. Each consulate charges a different fee for an E2 visa. For example, someone filing an E2 from Australia pays $3,574.00, while someone from Germany pays $0.00.
- USCIS Filing Fees: $460 for visas filed from inside the U.S. An additional $2500 for visas filed inside the U.S. with premium processing. However, most immigration attorneys advise against filing an E2 through USCIS. Individuals who apply at a consulate or embassy rather than through USCIS tend to obtain lengthier validity dates. In addition, they avoid needing to apply twice since even those who apply through USCIS still have to go to an embassy or consulate later.
- Travel Costs: Varies. You will need to travel to a U.S. consulate or embassy to get your visa stamp and then travel to the U.S. Consider the cost of travel.
Key Terms for the E2 Visa Investment Amount
- Investment Amount: The amount of money necessary to invest in an eligible United States firm to apply for and acquire an E2 visa.
- Treaty Investor: An E2 visa applicant who is a citizen of a nation that has a commerce and navigation treaty or a bilateral investment pact with the US.
- Substantial Investment: An investment sum that is deemed considerable to the entire cost of starting or acquiring a firm, as evaluated by the US government.
- Business Valuation : it is the process of assessing the economic worth of a company, which may be useful in determining the investment amount necessary for an E2 visa.
- Escrow Account : An account in which monies are kept by a neutral third party until particular requirements, such as visa acceptance, are met.
- USCIS (United States Citizenship and Immigration Services): The government agency responsible for processing E2 visa applications and adjudicating eligibility based on investment criteria, including the investment amount.
Final Thoughts on the E2 Visa Investment Amount
On obtaining the E2 visa investment amount, it is essential to note that there is no fixed quantity. The investment needed varies based on the sort of business and its location. Overall, the investment should be large and adequate to ensure the enterprise's success. This might include money for starting fees, operational expenses, and employment development. However, there is no set minimum because each situation is assessed differently.
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