Finberg Firm PLLC

Relocating your Business to the U.S. with an E-2 visa

If you are an entrepreneur or investor from a treaty country that has a qualifying treaty of commerce and navigation with the United States, then the E-2 visa is a viable option for you.

The E-2 visa allows foreign nationals to invest a substantial amount of capital in a new or existing U.S. business and manage its operations while residing in the United States. However, there are certain points to consider before applying for an E-2 visa which include:

Treaty Country Eligibility: the E-2 visa applicant must be from a country that has an E-2 treaty with the U.S. such as Mexico, Canada, Germany, Finland, Canada, and so on. It is also important to note that there are some countries that do not have an E-2 treaty including India and China. 

Substantial Investment: The investor has to invest a substantial amount of capital in the United States. The exact amount is not specified in the E-2 visa regulations but the amount should be sufficient to ensure the success and growth of the business. 

Ownership and Control: The investor must own a significant portion of the U.S. business. Generally, a minimum ownership of 50% is recommended, although some consulates may accept ownership as low as 50% depending on the circumstances.

Real and Active Enterprise: The U.S. business must be a real and active enterprise, not a passive investment. It should generate income and create job opportunities for U.S. workers.

Business Plan: A comprehensive and well-documented business plan is crucial to demonstrate the viability of your business and the potential for growth. This plan should outline your investment, business operations, target market, financial projections, and job creation plans

Duration of Stay: Initially, the E-2 visa is usually granted for a period of up to five years. It can be extended as long as you maintain your investment and the business continues to operate as required.

Spouse and Dependents: The E-2 visa holders’ spouse and unmarried children under 21 years can get their own E-2 visas to come to the United States. In addition, they can apply for work authorization to work in the U.S., and their children can attend school in the U.S.

We can illustrate these points with our recently approved client, Sam Pherwani. Sam is a Canadian citizen and a resident of Toronto, Ontario who owns Sonsu Controls, an electrical safety, petroleum safety, and aviation engineering company.

Since 2016, Sam has worked for Shermco Inc. based in the U.S. as a safety instructor using a TN visa. A TN visa is a non-immigrant work visa that allows citizens of Canada and Mexico to temporarily work in the United States in certain professional occupations. While Sam currently works for Shermco Inc., with a TN visa, he also wants to operate his business from his registered U.S. office and work as a consultant or contractor in Shermco using his employment with Sonsu Controls. 

Sam is an excellent candidate for an E-2 visa because Canada belongs to the treaty countries of the United States and Sonsu Controls is already a successful commercial enterprise in Canada with a 20-year track record of satisfied clients and industry expertise. With the approval of his E-2 visa, Sam also plans to hire American employees for his U.S. office, have the flexibility to transfer or recruit employees from Canada, and allow Canadian citizens to invest in his U.S. company. 

According to Sam, “Just the right mix of ingredients to solidify this endeavor makes us all winners. My advice to other E-2 applicants, don’t bother applying unless you really intend to run that business. Your real investments, expenditure, risk taking, authenticity of purpose and direction will be examined under magnification by the U.S. Consulate and assume any fudge or untrue information would surface. Trust Seth, Howard, and their team to help you with documents once motive and resolve are firm, unwavering.”

Sam was recently approved with an E-2 visa on May 15, 2023.

If you are planning to get an E-2 visa, our immigration attorney, Seth Finberg is ready to give legal advice and guide you throughout the process. We have helped several entrepreneurs and investors operate their businesses in the United States and we can help you with your E-2 visa too! Schedule a consultation here.