How to obtain a visa to open a business in the U.S.
The U.S. E-2 visa is a nonimmigrant visa issued to foreign investors to conduct commercial activities in the U.S. The E-2 visa is intended for investors to establish and operate businesses in the U.S. using their own funds and is particularly useful for foreigners who wish to conduct commercial activities in the U.S. The E-2 visa is a nonimmigrant visa.
Below are details on how to obtain an E-2 visa in the U.S. and the requirements.
1. Basic Requirements for an E-2 Visa
In order to obtain an e-2 visa, the following basic requirements must be met
a. Countries Covered
E-2 visas are only issued to citizens of countries that have a treaty with the United States. Japan is one of those countries. Therefore, Japanese citizens may apply for an E-2 visa.
b. Investment in Business
Applicants must make a " substantial investment" to start or operate a business in the United States. Although no specific minimum investment amount is specified, generally an investment of at least $100,000 (approximately 10 million yen) is required. However, the required investment amount may vary depending on the size and type of business.
The investment amount is used for items necessary for the operation of the business (equipment, inventory, office leases, etc.).
A "substantial investment" must show that the business is operating, that funds are being spent, and that the amount invested has an impact on the success of the business.
c. Nature of Business
The E-2 visa is associated with a business that engages in commercial activities. The investor must own or control a business that is actually operated in the United States. The business must contribute to the economy by employing others and must be profitable in the U.S.
Forms of business include corporation, limited liability company (LLC), or sole proprietorship.
There are no specific industry restrictions on the businesses in which we invest, and they range from retail, food and beverage, manufacturing, it services, and more.
d. Involvement in Business
An investor applying for an E-2 visa must be actively involved in themanagement or operation of the business. They must demonstrate that the business is properly managed and plays a significant role in making a profit.
Typically, the investor is involved as amanager or director, but must be running the business full time.
e. Employment and Economic Benefits
To demonstrate their contribution to the U.S. economy, investors are expected to employ Americans through their business. The business must also prove that it is financially stable or at least has the potential to get its business operations off the ground.
2. Steps to Apply for an E-2 Visa
THE PROCEDURE FOR APPLYING FOR AN E-2 VISA IS AS FOLLOWS
a. Business Establishment
Establish a business in the U.S. and make the necessary investments for that business. The following procedures are required to establish a business
Incorporation: Decide on a business form and register the corporation with the state government (e.g., LLC orCorporation ).
Prepare for business operations: Lease office space, provide necessary equipment and staff, and get the business ready to operate.
b. Preparation of E-2 Visa Application Documents
Prepare the necessary documents for your application. Below are the main documents generally required:
E-2 Visa Application (DS-160): Submit online at the U.S. Embassy.
Passport: Valid passport.
Investment certificate: As proof of the amount of investment, a bank deposit certificate, an investment contract, a certificate of incorporation, a certificate of equipment purchase, etc. are to be submitted.
Business Plan: a business plan that includes detailed plans for the business, revenue projections, operating plans, employment plans, etc.
Documentary evidence: Lease agreement for the U.S. business location, proof of purchase of equipment and materials necessary for the operation of the business, proof of bank account balance, etc.
Proof of employment: If you hire employees, employment contracts, pay stubs, etc.
c. Interview and Application
Interview: E-2 visa applicants are required to have a visa interview at the U.S. Embassy or Consulate. During the interview, the applicant may be asked questions about the nature of the business, the amount of investment, and the plan of operation.
Application fee: A fee is charged for the application.
d. Visa Approval and Issuance
After the interview, if the application is approved, an E-2 visa will be issued. Normally, the visa is valid for two years and can be extended depending on the operation of the business.
3. Advantages of the E-2 Visa
Flexible Renewal: E-2 visas are renewable as long as the business continues to operate. Typically, the visa is initially granted for two years and then renewed.
Accompanying Family Members: Investors with an E-2 visa may accompany their spouse and children under 21 years of age on an E-2 family visa. The spouse may work under a work permit.
Pathway to Permanent Residence: E-2 visas do not lead directly to permanent residence (green cards), but if the business is doing well, it may be possible to transfer to another immigrant visa (e.g., EB-5 visa).
4. Points to Note
Not for U.S. Citizens: The E-2 visa does not apply to U.S. citizens.
Substantial Investment: It must be demonstrated that the amount invested is "substantial" and that the business will be seriously operated.
Business must be viable: A business must be sustainable and successful in order to renew a visa.
