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- USA
- E-2
E-2
E-2 Investor Visa
E-2 Investor Visa
The E-2 investor visa is considered a “small-scale investment” visa compared to the EB-5 immigrant investor program, as it requires a relatively smaller amount of investment. It is available to individuals or corporations who wish to acquire, establish, and operate a business within the United States with a substantial amount of capital.
When a corporation makes the investment, executives or essential employees with specialized skills or knowledge from the parent company can also obtain this visa. Therefore, the E-2 visa is often used when dispatching employees to U.S. branches.
The E-2 visa is a non-immigrant visa unrelated to permanent residency (green card). After obtaining the E-2 visa in Korea, holders can freely enter and exit the U.S. during the visa’s validity period and may extend their stay every two years. The entire family can receive the visa, and spouses are eligible to work in the U.S. upon receiving a work permit.
Although there is no fixed minimum investment amount, an investment of approximately $200,000 to $300,000 is generally considered appropriate. The E-2 visa is a quasi-permanent visa that allows holders to maintain lawful status in the U.S. as long as the business continues to operate.
Children accompanying E-2 visa holders can legally receive free public education in the U.S. until they turn 21 years old.
Advantages
- Allows entry with spouse and children under 21 years of age
- Eligible for the same tuition benefits as U.S. permanent residents or citizens
- Although the status must be renewed every 2 years, there is no limit to the number of renewals as long as the business is maintained, allowing continuous stay in the U.S.
- Spouses can obtain an Employment Authorization Card and Social Security Number, enabling them to work and apply for permanent residency * Daeyang Immigration Law Group thoroughly analyzes the profitability and safety of the businesses introduced before providing guidance
Eligibility Requirements
The E-2 applicant must be a citizen of a country that currently has an E-2 visa treaty agreement with the United States.
In the case of a joint investment, more than 50% ownership must be held by a Korean national.
The E-2 applicant must make a substantial investment.
Although there is no fixed investment amount, an investment of around $300,000 is considered appropriate. Investments in passive income businesses such as real estate or stock dividends are not recommended; the investment must be in a legitimate and active business.
The business to be invested in must be profitable. If profitability is low at the time of investment, sufficient profitability must be achieved within 5 years (generating income above the minimum living expenses for the investor and accompanying family from the business).
For corporate investments, the applicant must be an essential employee with specialized skills or knowledge from the Korean parent company investing in the U.S. For individual investments, the applicant must own more than 50% equity in the business.
The E-2 visa applicant must demonstrate intent to return to Korea once their work in the U.S. is completed. To prove this, they should be able to explain their remaining assets and family ties in Korea.
The applicant must be actively engaged in managing the business.
The applicant must demonstrate management ability to successfully operate the business. This can be shown by experience indicating managerial skills or business operation capabilities.
Business (Industry) Change
U.S. immigration law does not explicitly specify rules regarding "business (industry) changes." However, according to the U.S. Immigration Regulations 8 C.F.R. §214.2(e)(iii), any material change in the terms of an E-2 status requires prior approval from USCIS. Examples of such material changes include mergers, business purchases, and sales.
Therefore, based on this regulation, if a change in business involves a sale or transfer, it must be reported to USCIS in advance. Additionally, if the corporation is officially dissolved, this must also be reported to USCIS.
Extension (Renewal)
For an E-2 visa extension or renewal, the main factors considered include the business’s sales, net profit, and employment status. However, even if the business operates at a loss or has no employees other than the investor’s family members, the extension is not automatically denied.
Besides sales, net profit, and the number of employees, consular officers and adjudicators also evaluate other criteria such as additional investments, other sources of income, the applicant’s other assets, and a well-prepared five-year business plan.
E-2 visa extensions and renewals can be applied for up to three months before the visa expires, so it is important to review eligibility in advance.
