How to move to the U.S. as an E2 visa investor?

The U.S. has various investor visa programs that allow wealthy individuals to move to the U.S. The most popular visa program that enables individuals meeting certain criteria to not be treated as U.S. taxpayers is the E2 visa. The E2 nonimmigrant visa allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business.

What are the main criteria to qualify for the E2 visa? (source)

1) Proof of funds

To qualify for the E-2 Investor visa, the applicant must provide substantial evidence that they possess and control the capital that is being invested. The investor will need to show that this money came from a legitimate source. For example, it helps to show the investment derives from no criminal activity.

• Examples – savings from income, loans, gift, sale of property, inheritance, company profits
• Notably, cryptocurrency investment gains such as bitcoin are considered legitimate sources of income. 

2) Citizenship of treaty country

You must be a national of a country which the U.S. maintains a treaty of commerce and navigation. The most up to date treaty country information can be found here. 

3) Invest a substantial amount of capital

USCIS does not explicitly state the amount that an E2 investor must invest in order to qualify for an E2, but we have seen our clients invest anywhere from $150,000 on upwards receive their investor visa with no objections made to their investment amount during the visa interview process. So you must seek U.S. business investments of at least $150,000 and up to meet this threshold.

4) Business ownership / investment of operational business

You must be seeking to enter the United States to develop and direct the investment enterprise. Companies must demonstrate at least 50% ownership or possession of operational control through a directorship or other corporate device.

• A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

5) Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.

What are the benefits of the E2 visa: 

• You have easy access in and out of the U.S. Family, including spouse and children under the age of 21, can stay indefinitely as long as the E2 visa is valid. 
• You are normally grant a five-year renewable visa that can be renewed an indefinite number of times as long as the business investment is operational and meets the E2 requirements.
• Most important for cryptocurrency investors and HODLers – you would not be subject to global income tax that a U.S. green card holder or citizen is subject to unless you exceed the substantial presence test.

How can I use my bitcoin or other cryptocurrency for the E2 visa?

Earnings from bitcoin or other cryptocurrencies count as proof of funds, as they are investment income. From the lows of March 2020 to the end of July 2021. The value of bitcoin has soared over 650%. With many other cryptocurrencies also experiencing similar levels of appreciation. You can now utilize your gains to move to the U.S. by using them as an investment. 

As you may know, many states and cities such as Miami, Florida are very pro-cryptocurrency. Certain states and cities are working towards programs to incentivize the cryptocurrency ecosystem in their respective jurisdictions. If this appeals to you, then you should certainly consider moving to the U.S.

How can I use my bitcoin or cryptocurrency for an E2 visa without selling my bitcoin or cryptocurrency?

Financial system has become very complacent to high net worth individuals who seek to borrow against their assets to avoid capital gains taxes. This is a perfectly legal aspect of the U.S. tax code. If you would rather hold (or HODL if you’re in the know 😊) on to your bitcoin or other cryptocurrency assets as you believe that they still have room to appreciate, then you have the option to obtain loans against your bitcoin or cryptocurrency assets. This way you can unlock the funds to invest in a business for the E2 visa while still keeping custody of your digital assets. 

Feeling intrigued yet? I figured you would be. 

How can Visa Franchise help?

We find and analyze businesses, principally franchises, based on each client’s unique profile. We take many factors into consideration. Including your available funds to invest, investment goals, business interests, among a variety of other factors. Our team then works to procure the best franchise or business opportunities that fit your criteria. Our continuous research to improve our offerings allows us to continue to be the best in the visa industry.

We are happy to work hand in hand with your immigration or corporate attorney. So if you do not have one, we can help you find one that meets your criteria. 

Established in 2015, hundreds of clients find the right business investment opportunity through an E2 visa since then. Our clients have come from over 60 countries from around the world. We are constantly onboarding new clients in order to best service their needs. 

Next step

If interested, please reach out for a consultation or visit our homepage here.