In addition to the relatively low investment rate, the E-2 visa
can be obtained, in most cases, in about 4 to 6 months.
This is much faster than even the simplest EB-5 process.
Those clients who are moving with their children’s education
in mind will love the quick and streamlined process of the E-2
visa.
3. Enterprise must be “real and active.”
WHAT ARE THE E-2
REQUIREMENTS?
The requirements for the E-2 visa
are relatively straightfor ward,
however everyone outside of the
Department of State and USICS are
given very little guidance about how
to prove that the client meets these
requirements. But, from a 30,000-
foot view, here is what your client
needs to prove in order to get the E2
visa:
1. Investment must be in the control
of the investor and “at risk ” and
irrevocably committed.
4. Enterprise must be “more than
marginal.”
"In the case of E-2 visas,
birthplace is irrelevant
and attaining a second
passport will suffice to
show treaty country
nationality. "
2. Investment must be “substantial.” This requirement
34
EB5 INVESTORS M AGAZINE
doesn’t even come with a minimum or maximum dollar
amount. All that is required is a “substantial” investment,
e n o u g h to“…e n s u r e t h e t r e a t y i nve s to r 's f i n a n c i a l
commitment to the successful operation of the enterprise;
and of a magnitude to support the likelihood that the treaty
investor will successfully develop and direct the enterprise.” 1
5. The applicant must be able to
direct and develop the business.
6. The applicant must be a national
of a treaty country. 2
Requirement number six can cause
issues for some EB-5 alternative
seekers. If your clients carry only
passpor ts from China, Vietnam,
India, Russia, Brazil or South Africa
(among others), they are not eligible
for the E-2 visa without additional
citizenship. However, there is a solution! In the case of
E-2 visas, birthplace is irrelevant and attaining a second
passport will suffice to show treaty country nationality.