A - Yes, the E-2 Investor visa is a nonimmigrant visa that is available to an individual who is coming to the U.S. to invest a substantial amount of money into a U.S. business, which he or she intends to develop and direct. Your investment can be a purchase of an existing business or a start-up of a new one. Although technically, this is a temporary visa issued for two years at a time, it is renewable for an indefinite period of time, as long as the visa holder continues in the same capacity with the business, and the business remains active.

In order to qualify for an E-2 investor visa, there must first exist a treaty of commerce between the U.S. and the country of the investor. The U.S. has many treaties with many countries all over the world. The investor must prove that she is a citizen of the treaty country, and that she owns a majority of the U.S. investment.

In addition, the investor must show a substantial investment in the enterprise. There is no fixed amount of investment necessary to qualify, although as a general rule, the investment must be sufficient to ensure the successful operation of the business. In that sense, the percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise. For example, a $100,000 invested in a T-shirt business would likely be considered substantial, while the same amount invested in a real-estate development company would be insufficient. The amount usually varies from $50,000 to $300,000 according to the type of business, however, I have found that most cases where the investment is $100,000 or more have an excellent chance of success.

It is important to note that the investment must be an active commercial enterprise and you must take an active role in managing and directing the business. Speculative investments, uncommitted funds in a bank account or similar security, where the money is not at risk are not considered an investment. Also, although it is not required, it may benefit you to demonstrate that your investment will result in the creation of jobs for others.

E-2 investor visas are also available to employees who have the same nationality as yourself, and who are not investing any capital in the business. To gain such status, these employees must prove that they are qualified and will be hired as managers, executives or in a position that requires a certain specialized knowledge of the business. The benefits of applying for such visas for your employees, as opposed to other work visas, are that these visas may be issued quickly and have a long validity period. Moreover, spouses and minor children of E-2 visa holders also qualify for the visa. They may seek work authorization, allowing them to work in any position and for any employer, and your children may attend school.