E2 Investor: Myths or Facts?

We would like to use this article to congratulate M.A. for his recent approval of status change from F1 student to E2 investor. Welbright is proud to have helped him in every step from the get-go. It took us about three months to register an LLC, apply for required licenses, negotiate buyout and lease, renovate the space, and finally hold a grand opening.  After filing the application with premium processing, he was granted E2 status! We are still in touch for any questions/concerns he might have.

You must have heard about “E2 Visa” not much or less. Let’s find out if they are just myths or facts through his case.

You must invest at least $100K to apply for E2: Myth or Fact?

There are a few variations to the amount, $150K, $200K, or even $250K. As for this case, he invested a little less than $60K! Obviously, it’s a myth because there is no preset amount of investment. We helped him build the case to prove to USCIS that his investment is not marginal—to be able just to live in the U.S. The investment must create an economic impact to the US economy.

There is no path to citizenship for E2 investors: Myth of Fact?

Unfortunately, it is fact! Either you changed your status to E2 within the U.S. or entered the U.S. with an E2 visa from home, you will hold E2 status which can be renewed indefinitely every two years. That is it! There is no stipulation for green-card eligibility regardless of the number of years you hold E2 status. Most importantly, you must have intent to return back to your home country when you are no longer in E2 status.

E2 investors cannot sponsor non-immigrant employees : Myth of Fact?

It may sound legit that a non-immigrant with E2 status cannot sponsor other non-immigrants. However, it is a myth! E2 investors can sponsor non-immigrants not only for non-immigrant E2 visa/status but also work-based immigrant EB3 visa. It is unfortunate that E2 investors can grant a path to US citizenship to someone else, but not to themselves.

You must work only for the business that you petitioned: Myth of Fact?

That is another limitation for E2 investors. It is the fact that E2 investors are authorized to work in the U.S., but not freely for any business. They must work only for the business they petitioned. What if they want out? Of course, the law was not written to enslave people to do what they don’t want to. If they want to add another location for the petitioned business, that is within the limit of the granted E2 status, and they can do that without communicating to USCIS.  It’s a bit tricky, however, if they want to take over another business. Any businesses related to the petitioned business are still within the limit. On the contrary, they must file an amendment to their E2 status with USCIS for any new non-related businesses. To quit the petitioned business to work for a new business, a new E2 petition must be filed to update the scope of work authorization for their E2 status.

I hope this article will help you understand E2 visa/status more clearly. If you are looking to invest, we are able to help guid you through the entire process. Contact us to start your new journey!