Can an E2 Visa Holder Work
While the answer to this question is fairly straightforward, it should be noted that E2 visa holders are only allowed to work for the company or enterprise in which they invested. They are also not permitted to change their employer or venture while in the US. In addition, they must intend to leave the United States when their business is completed.
The E2 visa is a nonimmigrant visa that allows foreign nationals who have made substantial investments in a US business to live and work legally in the country. These visas are only available to citizens of countries that have treaties with the United States. You can check to see if your country has such a treaty in place by looking on the U.S. State Department website. The Get an E2 Visa is a temporary visa, and you must eventually apply for an immigrant visa or adjust status to become a permanent resident while in the United States.
When applying for an E2 visa, the applicant must prove that they have invested a significant amount of money in a legitimate business enterprise. The USCIS looks at several factors to determine if the business is considered substantial, including whether it is a “bona fide” enterprise that is actually engaged in trade or business. In addition, the business must have the capacity to generate more profit than just cover business expenses and basic living costs for the investor and their family.
Can an E2 Visa Holder Work For a Company Other Than the One They Invested in?
In order to qualify as a valid E2 investment, the funds must be at risk and irrevocably committed to the enterprise. This means that the funds cannot be held in an operating account or a bank account and must be directly tied to the operation of the business. The funds can be either a loan or a gift, but must come from a source that is legitimate and can be documented.
Most E2 investors work with a franchise consultant or a business broker when investing in a company. These experts have the experience and knowledge to help applicants meet all the requirements for the E2 visa. They can also assist with the visa interview process by preparing documents to demonstrate that the business is legitimate and will be successful.
If an E2 visa holder has invested enough capital and created sufficient jobs in their business, they may be able to get sponsored for an EB-5 visa, which is a path to permanent residency in the United States. The EB-5 visa is also a path to citizenship, so the investor and their spouse would be able to eventually return to their home country with full citizenship. This is a great benefit for families who want to avoid the lengthy application and immigration process involved in applying for an immigrant visa. However, it is important to remember that if the business fails to be profitable, the investor will not receive their green card and will need to return to their country of origin in order to recoup their investment.