Is Starting an E-2 Visa Online Business the Right Decision?
Wondering if starting an E2 visa online business is a risky decision? In this article, we’ll explore everything you need to know, including the requirements, strategies, and the application process, to help you make an informed choice.
Written by
Facundo Bermudez
Published on
3 May 2024
Table of Contents:
Are you considering starting an E2 visa online business in the U.S? In this comprehensive guide, we’ll take you step-by-step through the E2 visa online business application process. You’ll gain an understanding of the specific requirements and learn how to ensure your business qualifies for this valuable investor visa.
Whether you’re looking to start a new online business or invest in an existing business, this article provides the knowledge and insights needed to navigate the process successfully.
The E-2 visa, also known as the “Investor Visa,” provides a strategic opportunity for foreign nationals to establish or invest in a U.S. business. It is a nonimmigrant visa specifically designed for individuals who wish to start or buy a business in the United States. The E-2 visa is popular because it offers foreign investors the chance to grow their businesses in the U.S. while contributing to the local economy.
If you’re planning to apply for an E-2 visa with an online business, it’s essential to meet specific requirements. Below, we outline some of the key aspects of the E2 visa online business application process. Understanding U.S. immigration law is crucial to ensure that your business plan meets all the necessary legal standards and requirements for the E-2 visa.
When applying for an E-2 visa, you must demonstrate that your investment is substantial. While there is no fixed minimum investment amount, aiming for around $100,000 is common for online businesses. The investment should show your serious commitment to the business. This includes expenditures like equipment, office space (if applicable), legal fees, staff salaries, and inventory.
For an E2 visa online business, the investment can also include website development, marketing expenses, and other digital tools required to run the business. Through diligent financial planning, you can meet the investment requirement, which will strengthen your E-2 visa application. Your investment enterprise must demonstrate a significant financial commitment to a bona fide business that adheres to U.S. business regulations.
To qualify for the E-2 visa, the business must not be a marginal enterprise. This means it should have the present or future capacity to generate more than enough income to support you and your family. For an online business, this can be demonstrated by showing a tangible plan for growth and job creation.
Even if your business is entirely virtual, it’s important to have plans for hiring staff and contributing to the U.S. economy.
An effective strategy for online business owners is to have at least one part-time employee at the time of your visa application. This helps demonstrate your intention to create jobs and grow the business locally.
When applying for an E-2 visa, it’s essential to weigh the benefits of investing in an existing online business versus starting a new one. As a treaty investor, you must demonstrate that your investment is substantial and that the business has the potential for growth and profitability.
However, some challenges arise when it comes to demonstrating the ability to scale and expand in the U.S. market.
Online businesses can take advantage of their intellectual property (IP) when applying for an E-2 visa. IP assets like patents, trademarks, and copyrights can be transferred to the new business, reducing the need for a large cash investment. This can be an advantageous strategy, especially for those who already own IP in their home country.
By using IP as part of your investment, you can lower the necessary financial commitment while still meeting the E-2 visa requirements.
While recent regulatory changes have made it easier for online businesses to qualify for the E-2 visa without the need for physical office space, having an office location is still recommended. Having a lease agreement demonstrates your commitment to the U.S. market and provides a tangible presence in the country, which can strengthen your application.
A physical office also makes it easier to manage operations, stay in touch with clients, and build relationships with local partners and employees. While a home office or virtual office is acceptable, leasing office space adds an extra layer of credibility to your E-2 visa case.
To be eligible for the E-2 visa, you must be a national of a treaty country. These countries have specific agreements with the U.S. that allow their citizens to apply for the E-2 visa. The U.S. has treaties with over 80 countries, including Canada, the UK, France, and Japan. However, each country may have different regulations, so it’s important to verify that your country is on the treaty list. The United States maintains treaties with specific countries that allow for the issuance of non-immigrant E-1 and E-2 visas.
In order to qualify for the E-2 visa, you must own at least 50% of the U.S. business. If you own less than 50%, you can still qualify by demonstrating “operational control,” meaning you actively manage the business. This requirement ensures that E-2 visa holders are actively involved in their businesses, rather than being passive investors.
A critical aspect of the E-2 visa application process is demonstrating your intent to depart the U.S. when your visa expires. You must show that you plan to return to your home country at the end of your E-2 visa period. This can be demonstrated through a business plan or a formal letter stating your intention to leave the U.S. once your visa expires.
When selecting an online business for your E-2 visa, consider these factors:
While not required under the E-2 visa regulations, recent regulatory changes state that physical office space is no longer a requirement to qualify for the E-2 visa. However, having a physical office is still highly recommended for those applying for an E-2 visa — especially if they have online businesses. It shows to immigration officials that you are committed to running your business locally and letting it contribute to the economy.
In addition, efforts are more streamlined as having a physical office gives a regular work location and thus can improve operational efficiency, allowing you to be much in touch with your clients, partners, employees, etc.
The E visa, including the E-2 Investor Visa, now allows businesses with virtual or home offices to apply, offering flexibility in capital allocation and operational strategies.
Having a lease agreement adds more to your E-2 visa case and helps alleviate suspicions of not having valid work history in the US. This means you can avoid the risk of an immigration officer suspecting that you will run your business remotely from your home country. Taking this step will show that you are keen on assimilating into the American market and making an investment in business growth.
Amazon FBA (Fulfillment by Amazon) is a popular option for E-2 visa applicants. With Amazon FBA, you can sell products online while Amazon handles storage, shipping, and customer service. This business model allows you to focus on growing your brand and generating revenue without needing a physical store or warehouse.
The application and approval process for an E visa can be complex and time-consuming. To increase your chances of approval, it is essential to ensure that your application is complete and accurate.
The first step in the application process is to submit a visa application to the U.S. Department of State. This can be done online or through a paper application. You will need to provide biographical information, as well as information about your business and investment.
Once you have submitted your application, you will need to wait for it to be processed. This can take several weeks or even months, depending on the workload of the U.S. Department of State.
If your application is approved, you will be issued an E visa, which will allow you to enter the United States and establish your business. You will need to enter the United States within a certain timeframe, typically six months, and you will need to register with the relevant authorities in the United States.
If your application is denied, you will receive a letter explaining the reasons for the denial. You may be able to appeal the decision or reapply for an E visa.
It is essential to note that the application and approval process for an E visa can be complex and time-consuming. It is recommended that you seek the advice of an immigration attorney to ensure that your application is complete and accurate.
In addition to the application and approval process, you will also need to comply with the requirements of the E visa program. This includes maintaining a substantial investment in the business, creating jobs for U.S. workers, and ensuring that the business is a real and operating commercial enterprise.
Overall, creating an E visa company and navigating the application and approval process can be a complex and time-consuming process. However, with the right guidance and support, it is possible to establish a successful business in the United States and obtain an E visa. (Keep keywords: substantial investment, e visa company, e visa, visa application).
The E-2 visa online business application process may seem complex, but with careful planning and the right strategies, you can successfully navigate it. Whether you’re starting a new online business or investing in an established one, the E-2 visa offers a valuable opportunity to live and work in the U.S. and contribute to its economy. The E-2 visa also allows the treaty investor to bring his or her family, including spouses and unmarried children under 21, to the U.S.
Contact us today to explore your options and learn how we can help you with your E-2 visa application. With our extensive experience helping over 1,200 families transition to the U.S., we are committed to making your journey to entrepreneurship in America as smooth as possible.
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