Got dreams of starting a business in the land of opportunity, by any chance? You may be thinking to start selling on some e-commerce platform like Amazon or Shopify. Today, visafranchise.com is going to share with you the E2 Visa Online Business Application Process in detail. As we go from the first step of requirement gathering till last mile where you might end up on decision to explore this endeavor or not, will leave in a position strong enough with relevant knowledge and insights gathered. We will also demonstrate examples of clients in our existing client case studies who have adding options using the atm process and point out some noticeable potential that these cases could provide. Let’s begin!

Understanding the E-2 visa

The E-2 visa – also known as the “Investor Visa” — provides a tactical opportunity for an individual to establish or put funds into a business enterprise in the U.S. In the realm of business immigration, the E-2 visa is a popular option. Designed specifically for foreign investors, this type of visa serves a dual purpose: it adapts to as well as encourages capital from other parts of the world with an interest in jump-starting economic growth and employment stateside.

The E-2 visa is designed to attract foreign investors who wish to establish or invest in a U.S. business. The E-2 visa creates an efficient means for foreign nationals to immerse themselves within the US business ecosystem and facilitate international collaboration, thus promoting a focus on sustainable growth initiatives.

Notification of Essential Conditions for E2 Visa Online Business Plan

#1. Substantial investment and minimum investment amount

When applying for an E-2 visa in the US, demonstrating that your investment funds are substantial is crucial. While aiming for around $100,000 is common, it’s possible to be approved with less. This investment showcases your dedication to your US-based business. While there is no officially specified minimum investment amount, the investment must be substantial and demonstrate a serious commitment to the business.

Even for online businesses, the minimum investment should be significant enough to ensure the successful operation of the business, with at least $100,000 being necessary. But don’t fret, it’s achievable. By diligently tracking your expenses, you can make it work. This might involve purchasing equipment, securing office space, covering legal fees, hiring staff, obtaining a website domain, marketing your business, acquiring inventory, or ensuring operational stability. Through prudent financial management, meeting the investment requirement becomes feasible, bolstering your E-2 visa application.

#2. Marginality aspect

One of the most challenging borders within an E2 visa application process, especially for a marginal business which is an e-2 Visa Online Business, consists in establishing not only relevance but economic impact and viability towards United States marketplace.

The focus of marginality is essentially the same — the new venture has to be able not only provide for (at a minimum), just enough income so that investor and his or her spouse won’t starve but also create jobs, support additional economic activity.

For an e2 visa online business specifically, this can be met by showing a tangible plan for job creation – even in the virtual world. Another good practice is to have a part-time employee help the founder at the time of visa application, it shows that the founders are serious about hiring locals and growing their team.

Existing vs. New e-commerce businesses

At Visa Franchise, we have had the opportunity to help several clients that are already operating lucrative e-commerce businesses. These are proven businesses, with revenue between $30-40k and up to 200K implying some good solid operational business capable of scaling. Rather than building a new e-commerce startup from scratch, these businesses have existing job titles and revenue lines.

It is often difficult for them to meet the substantial and marginality requirements needed in order to obtain an E-2 visa. Furthermore, many of our clients have already proactively set course by expanding their operations on the US market. This includes things like opening warehouses, hiring Americans and meeting tax obligations that create jobs and economic growth in America. The need for a physical office space can be influenced by the nature of the business and the level of investment required to make the business operational.

On the other hand, starting from zero for creating any new e-commerce business is very different. Creating a brand, audience and profits from the ground up are wholly new territory for any new venture. It has much greater potential for growth, invention or innovation but generally takes longer and costs more to gain a foothold in the marketplace versus buying an existing business.

Benefiting Intellectual Property

Online businesses have an interesting advantage in the E-2 visa space, which is that IP (intellectual property) can be transferred to a new entity seeking such visas. An underused E-2 visa hack is getting a transfer of intellectual property from an existing company to the E-2 visa holding firm. This allows entrepreneurs to lower the necessary investment amount by not having it be only in cash. In its place, things like IP or inventory — assets that can be physically touched and experienced (besides intangible such as patent rights) constitute investment requirement.

In addition to a more nimble investment, this creative method enables entrepreneurs to take advantage of the equity they have already earned in their current business. To find out more about that option, check out the full post here.

Leasing office space for E-2 Visa Applicants

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.

Qualifying Treaty or Equivalent

To be eligible for the E-2 visa, the principal investor must be a national of a treaty country. A treaty country is one with which the US has a specific agreement, allowing its nationals to apply for the E-2 visa. These agreements vary, resulting in different visa lengths and entry/exit restrictions. Countries like Canada, the UK, France, and Pakistan offer more flexibility, while others like Egypt and Jordan have more restrictive terms.

It’s essential to note that the US has treaties with over 80 countries, and this list can change. Therefore, it’s crucial to check the US Department of State’s website for the most up-to-date information on treaty countries. Ensuring your country is on this list is the first step in your E-2 visa journey.

Nationality and Ownership

The nationality requirement for the E-2 visa pertains to the nationality of the business, not just the principal applicant. Typically, the investor and the business share the same nationality, but this isn’t always the case. To meet this requirement, the investor must own at least 50% of the business. However, demonstrating control through “possession of operational control” is also acceptable.

For instance, if an investor owns 40% of a business but controls its day-to-day operations, they may still meet the nationality requirement. Conversely, owning 100% of a business without operational control might not suffice. Detailing job duties and emphasizing the controlling nature of these duties can help meet this requirement.

Intent to Depart and Immigrant Petition

A critical requirement for the E-2 visa is the investor’s intent to depart the US once their authorization ends. This is a common reason for visa denials. The regulations clearly state that the investor must intend to leave the US when their E-2 status expires.

If the investor has an immigrant petition pending, they must assure the consular officer that they do not intend to stay beyond their authorized period. They should also confirm their willingness to return to the Department of State for a visa interview rather than adjusting status through Citizenship and Immigration Services.

Demonstrating intent to depart can be done through various means, such as a business plan outlining the investor’s intention to return to their home country or a letter stating their intent to leave the US. While leasing office space is not a requirement for the E-2 visa, having a physical office can support the application by showing a commitment to operating the business locally.

Consulting an experienced immigration attorney can provide guidance on meeting the intent to depart requirement and ensuring that the business plan and operations comply with E-2 visa regulations. This professional advice can be invaluable in navigating the complexities of the E-2 visa process.

Closing Thoughts

From requirements to considerations, the E-2 visa online business journey is fraught with complications. Preparing well and planning appropriately helps smooths the road to success although it appears tedious. Whether you are thinking of starting a business for the first time or looking to grow an already established one, we want to help walk alongside on your journey. Having helped 1,200+ families move to the United States, we have extensive experience in ensuring that your entry into America is smooth. Contact us today to find out exactly what your options are and begin the transition that will not only lead you toward being an entrepreneur in America.