E-2 Visa
Investor Visa For The USA
The E-2 investor visa is for persons who want to live their American dream and start their own business in the USA. The determining factor in this is not whether an investment has already been made in an existing U.S. company for some time, whether such a company has been purchased or whether a new company is to be founded in the USA. Depending on the arrangement, different points, however, have to be considered.
The E-2 visa is also a traditional work visa and is suitable for companies that have already invested in a U.S. company or would like to do so and send employees to their U.S. company by means of an E-2 visa.
If you would like to live and work in the USA for a longer period of time, a type E visa is a good idea. E visas can be extended indefinitely and differ from other types of visas in this respect. As long as the applicant and the U.S. company meet the requirements of an E visa, the applicant can essentially stay in the USA permanently. However, if the visa holder no longer wants to work for the company or would like to retire, for example, he or she must leave the country. It is also designed to allow for the possibility of “converting” the E-2 visa into a greencard after ten years. Whether this will actually be implemented by the U.S. authorities, however, remains to be seen.
Requirements for the E-2 visa applicant
As the previous paragraph makes clear, nationality plays a decisive role in the E-2 visa. The applicant must be a German citizen and hold either at least 50% of the shares (and voting rights) as an “investor” or hold a key position in the U.S. company. In addition to the owner/shareholder, only persons who have employee responsibility, e.g. as a Managing Director or Head of a Department, or who have company-specific specialized knowledge that is not available on the U.S. labor market and cannot be acquired in a relatively short training phase qualify for an E-2 visa.
As a Managing Director, the visa holder must be able to act freely and have decisive influence on the company’s policy; a Head of Department should be able to independently supervise, instruct and also, for example, recommend their employees for promotion; as an employee with specialized knowledge, previous work experience in a foreign group company is an advantage, although not mandatory. It is also important that the unique position or qualification is reflected in the applicant’s salary.
Intention of the applicant to return
The applicant must leave no room for doubt that he or she will leave the USA when the requirements for his/her visa status are no longer applicable, for example, if the business fails or the employment contract with the qualifying business is terminated. The Consulate is obliged to be satisfied with the applicant’s unambiguous declaration of intent. However, if the Consulate has justified doubts about the truthfulness of the declaration of intent, it can demand that sufficient ties to the home country be proven in an appropriate manner.
Unlike with tourist or business visas, for example, E-2 visa applicants must not maintain their residence outside the USA. So, for example, as a young entrepreneur, the applicant can certainly pull up stakes in Germany to live and work in the USA. Theoretically, it is not even necessary to leave the USA to make the necessary extension of stay
Extension of the E-2 visa is possible
Depending on the case, an E-2 visa is valid for two (primarily for start-ups and initial applications) to a maximum of five (usually for renewals or companies that have been in existence for some time) years. With the initial application for an E-2 visa, the U.S. company is “registered” with the U.S. Consulate in Frankfurt (or Bern, Vienna, etc.); the registration is also valid for two or five years. While the company is registered, employees can be posted through a simplified procedure. If the registration expires, it must be renewed. For companies with less than 25 employees, the procedure is comparable to that of the initial registration; for companies with more employees, there is a simplified procedure
