Required Capital for E2 Visa Businesses

| E2 Visa Capital Proportionality, Sufficiency and Magnitude

By Isaul VERDIN, Esq.

Foreign entrepreneurs invariably will ask: “How much capital do I need to secure my E2 visa business?”

The answer is: There is no minimum amount of capital required. In fact, the law does not dictate a set amount of E2 visa capital. However, the law does require that the foreign entrepreneur invest a substantial amount of capital.

Three factors in E2 visa business substantiality need to be considered: Proportionality; Sufficiency; and Magnitude.

E2 Visa Capital Requirement: Proportionality

A substantial amount of capital is an amount that is substantial – in relationship or in proportion to – the entire cost of the enterprise.

This cost is the acquisition or start-up cost of the enterprise.

Accordingly, it is the size of the project that has the most impact on the total amount of capital that the entrepreneur will need to invest. E2 applicants should carefully identify projects that will fall within their budgets.

Once the entrepreneur calculates the total cost of the business startup and operations, then he or she must invest a substantial amount of that total.

→ It is critical to identify all relevant costs of the proposed business.

E2 Visa Requirements: Sufficiency

Foreign entrepreneurs will also need to consider that their total investment in the business is sufficient to ensure that the project can launch operations.

The U.S. government will want to ensure that the investor has invested sufficient capital to demonstrate commitment to the success of the operation. In this regard, it is prudent to provide evidence of working capital or cash reserves as part of the investment.

→ By carefully crafting the presentation of the E2 application, the foreign entrepreneur may receive credit toward the investment for cash in the bank by establishing that the reserve cash is sufficient to ensure the success of the operation.

E2 Visa Requirements: Magnitude

Lastly, foreign entrepreneurs need to invest amounts that support the likelihood that they will be able to successfully develop and direct the business beyond the startup phase.

This factor goes to establishing that the investment amount is of such quantity or magnitude that the foreign entrepreneur will be able to create opportunities for others. And enough that the entrepreneur may direct the operation to a position of success.

→ Every business project will vary. The foreign entrepreneur has the opportunity to present evidence in support of what he or she reasonably believes is the proper amount to meet this requirement.

General Eligibility for E-2 Visa classification:
From USCIS, E Visas

To qualify for E-2 classification, the general requirements for a foreign entrepreneur are:

• You are a national of a country with which the United States maintains a treaty of commerce and navigation;
• You have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
• The capital invested must not be marginal;
• You are seeking to enter the United States solely to develop and direct the investment enterprise.
• See the USCIS E-2 Treaty Investors for more information.

E2 Visa Business Opportunities

VERDIN’s business and investor group provides help to clients wanting to establish and/or expand their business operations in the United States. We have helped clients in multiple industries to include: international trade, real estate, restaurants and hospitality, technology, beauty and fashion, retail and services.

VERDIN represents clients in business planning and E visa matters involving real estate ventures, technology start-ups, business acquisitions, or new business formations. See E2 Investment Visa Potential Booming in Frisco TX Area.

Our team is especially focused on forming a strategic relationship with our clients to aid them to succeed in the early planning stages. Many of our clients retain us at early stage planning to maximize opportunities for success.

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E2 Visa or Immigration Questions? Please Contact VERDIN Law

Isaul VERDIN has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.

Mr. VERDIN focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields. These business opportunities include real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.

VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.

“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul VERDIN, Founder and Managing Attorney

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