E2 Business Visas
Isaul Verdin, VERDIN Law, DFW Immigration LawyerBy Isaul Verdin, VERDIN Founder and Managing Partner
Anyone interested in pursuing an E2 visa will invariably ask about the salary requirements for the E2 Visa business employees and executives.
Below are three points related to salaries for E2 visa executives and other employees.
1. The salary amount has to be more than enough income to provide a minimal living for the E2 visa holder and his or her family.
2. Although not an official requirement, the salary amount should exceed the federal poverty guideline based on the total number of people in the E2 visa holder’s household. See https://www.uscis.gov/i-864p.
3. Although VERDIN attorneys generally recommend $40K-$100K annual salaries, E2 visa applicants should present evidence of other assets to establish that they do not require a lot of income to maintain a living.
In summary, E2 visa applicants should be prepared to show that the business has the present capacity or will have the future capacity to generate increasing revenues to provide sufficient income for the E2 visa holder.
E2 Visa Tips
For more details on E2 Visa requirements, investment strategy and attracting talented employees – see the VERDIN Articles:
- E2 Visa Strategy for Foreign Top Talent
- Top E2 Visa Investment Capital FAQs
- 4 Tips to Know About E2 Visa Marginality Requirements
What is an E-2 Visa Treaty Investor?
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business.
See our article Potential Small-Scale Business Models for E-2 Investors.
For a current list of countries with which the United States maintains a treaty of commerce and navigation; and which are eligible for an E2 visa, see U.S. Department of State’s Treaty Countries.
General Qualifications of a E-2 Treaty Investor
From https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors
To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation.
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.
A substantial amount of capital is:
- Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
- Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
- Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.
Marginal Enterprises
The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.
Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.
E2 Visa or Immigration Questions? Please Contact VERDIN Law
Isaul Verdin, VERDIN Law, DFW Immigration LawyerIsaul 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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