The E-2 visa allows entrepreneurs from partner countries to come to the United States and start a business. While it may not be for everyone, this immigration-related opportunity is fast becoming an attractive option for many employers. Eligible applicants enter the US under favorable tax terms and can bring family members with them to work or study in the US.
1. Partner Country Requirements. Unlike many other immigration-related options, the E-2 visa is only available to nationals of partner countries. Partner countries are those with which the United States has bilateral investment agreements or free trade agreements. Examples include Australia, Canada, and Taiwan. Citizens of non-partner countries, such as China, must become citizens of the partner country before applying for an E-2 US visa. The relative ease of obtaining Canadian or Austrian citizenship makes this two-step process feasible for many non-partner nationals.
2. US Investment Requirements. Another requirement for an E-2 visa applicant is a monetary investment in establishing a US business. There is no specific dollar minimum for investment. Case results, however, suggest the investment should be $50,000 or more partially spent on hiring one or more US-based employees.
3. High Level Position Requirements. E-2 visa applicants must be relatively high level in the given startup business. This is measured in two ways. The E-2 visa applicant’s share of ownership in the start-up company must exceed 50%. And he or she must hold a position in the business equivalent to that of a manager or higher, although other employees in the business may be responsible for the day-to-day operations and management of the company.
4. Tax Advantages. One of the most attractive qualities of the E-2 visa is its tax advantages. The introduction of a foreign asset tax sharply reduced income for non-US citizens with green cards. In contrast, an E-2 visa is not a green card related visa. This is not a temporary two year visa which can be extended or renewed within certain limits. If the visa holder does not exceed his time of residence in the United States, he is not obligated to pay tax on foreign assets.
5. Bringing Family Members to the US. E-2 visa holders can bring family members to the United States, including children under twenty-one years of age and spouses. Once in the US, spouses can apply for permission to engage in any work in America (although certain professionals require additional licenses or qualifications). Children also have free access to American public schools, as well as access to American public universities.
For many employers, the E-2 visa is probably one of the best immigration-related US visa options available.
