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US EB2 Visa

US EB2 Visa

What is E2 visa?

It is a non-immigrant visa reserved for countries and entrepreneurs of that country which has an E2 treaty with United States. The investors of these countries can live and work in United States (depends upon the substantial investment that they make). Moreover, we have explained various advantages that this E2 visa provides for investors around the world.

Here we have listed various requirements of E2 visa which can help you decide its relevance to you.

Another type of US investment visa is EB5 visa. An investor has the option to choose from either of the two while going for a US business visa.

Following points should be noted with regard to E2 visa:

  • E2 visa allows you to work in the company in U.S, where you have invested.
  • You can travel throughout the length and breadth of USA.
  • You can easily extend your stay with 2 year extensions as long as you qualify for E2 criteria.
  • You can also keep with your spouse, children and parents. The spouse gets the flexibility to work in US. On the other hand, the children can get education in American schools and universities without actually applying for student visa.
  • After moving to US, you carry the restriction of working for the same organization where you invested, which is your visa sponsor.

E2 visa- requirement criteria

The first requirement is that the investment must be made in a bona fide enterprise. If you don’t do so, your application will fail to qualify.

The evidence that you might submit for same are:

  • Notice of assignment of an Employer Identification Number from the Internal Revenue Service (IRS)
  • Tax returns
  • Financial statements
  • Quarterly wage reports or payroll summaries (i.e., W-2s and W-3)
  • Business organizational chart
  • Business licenses
  • Bank statements, utility bills, and advertisements/telephone directory listings
  • Contracts or customer/vendor agreements
  • Escrow documents
  • Lease agreement

Other Factors

1. The investor must be a national of following countries, which have a treaty with US.
The countries are:

Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Costa Rica, Czech Republic, Democratic Republic of the Congo, Ecuador, Egypt, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslav.

Only permanent residence of one of these countries is not sufficient alone. You need to have the nationality and passport of one of the countries listed above.

2.Substantial investment
Substantial investment can be referred to the right amount of necessary investment to carry out the smooth investment of the business. Investment ratio in a low cost enterprise must be higher that the investment in a high cost enterprise. The investment must not be less than $100,000, while is some case the exception is made and investment can be less than $100,000.

You can also furnish some evidence with regard to financial statement which includes business bank accounts or similar accounting statements. We also recommend submitting a business plan that shows success plans.

3.Control of funds
The investor must be already committed and involved in the start up, purchase of US business or enterprise. He must not have the capacity to walk away from the business; risk free. If that is the case, he won’t qualify.

In other words, if the investor has nothing to lose from loss of business or shutting down business operations then he/she doesn’t qualify.

4.Real operating enterprise.
The investment should be made in the business that offers and sells real goods and services like restaurants, shops, grocery stores etc. investment in real estate, stocks, undeveloped land accounts for speculative or idle investments and do not qualify.
Economic contribution

The investment made by the applicant must contribute economic gains to the local economy. It should not only generate sufficient income for the investor and his family, but have some economic impact on the society as whole.

5.Intention to lead, direct and develop
It is expected that the applicant is employed at senior or supervisory role or at a position which allows him/her to effectively lead the growth and development of the organization.

Therefore, by possession of 50% shares you will provide evidence that you have the ownership of the enterprise and an organization will gain or loose through your efforts.

E2 visa- through Grenada

There is only country and that’s Grenada, which is in treaty with USA that allows citizenship by investment and bilateral investment. The treaty allows the Grenadian citizens to apply for E-2 US investor visa.

The US treaty investor visa has gained importance over the years due to following reasons:

  • The Grenadians have a visa issuance length of 5 years maximum.
  • Extensions of visa are unlimited.
  • You can directly apply to the U.S. Consulate and the prior approval of USCIS is not needed.
  • The E-2 visa exempts you from taxation on income from overseas.
  • It provides freedom and flexibility to spouse to work anywhere in US.
  • Similarly, the children can study in public or private schools and avail in-state tuition. .
  • The most important factor is the processing time which is generally 2 months and less.
  • The E-2 investor gets the flexibility to spend unlimited time in United States and so does the spouse and children

CBI program are of two types:

Grenada offers mainly 2 types of CBI programs. There is one program that requires the donation of $200,000 to the Grenadian government as termed as the section 10 program, also known as NTF. The investor can opt for either investment or purchase of real estate in an approved project or he/she can but the share in an approved investment company. The projects usually are of aquiculture project or hotel development. The investor makes an investment of $350,000 and a $50,000 donation towards the Grenadian government.

Grenada has approved 15 projects for the same purpose. An investor gets the title to the property only in a few selected projects while in the rest of the projects the investor gets shares of the the company that might or might not own real estate. Due diligence is conducted by the government of Grenada on the shareholders and developers prior to the approval of any project for the CBI program. It also includes checking and assuring the financial stability of the concerned entities. While, the concerned investors are required to make their own economic analysis of the investment.

Three years is the minimum time for which an investor must hold the property. There is another condition where the seller cannot resell the property which makes him/her ineligible for CBI but the positive news is; changes are being considered by the government of Grenada.

Members of the Family qualifying for Citizenship

Among all the investor programs in the world, this program is most liberal for the family members. This sole investment allows the spouse, children under 26 and dependent parents under 55, access to passports of Grenada.

Cost and Expenses

The type of program generally determines the costs and expenses. But as per our estimates, an investor can expect somewhere between $50,000 to $60,000 and that too depends on the number of family members, which are not-refundable. Once the application is approved, only then the full investment is made.

Timing and procedure

3 to 4 months is the time it usually takes for processing, but clearance issue might increase the time in some cases. The investor is required to start the process by the paying processing and diligence fees which is termed as non-refundable. The process can be broken down into security vetting, bank processing and the government also takes 2 weeks to process the documents like certificates and passports. Finally, the cabinet approves it.

Increase in the applications

There is a rapid rise in the Grenadian CBI applications as it is the fastest way to move to US through investment. The government of Grenada also expects an increase in the application and therefore, have recruited extra staff to process all these applications.

Apart from the citizenship in Grenada, the applicants has the options to obtain permanent residence card by paying additional $1,000 to the government of Grenada. Also, if the investor has invested in a freehold property which is approved under the section 11 program, he/she gets the Grenadian residence address. Similarly, if the investor enters into a lease of more than a year or an year, then also they get the Grenadian residence.