Florida Dreams

Use this E2 Checklist before you invest in a Florida based business to help make sure you qualify for the E2 Visa.

You must be coming to the United States to carry on substantial trade or to develop and direct the operations of an enterprise in which you have or are actively in the process of investing, a substantial amount of capital.

Treaty Investor (E2 Visa)

E-2  visas are nonimmigrant categories, and do not confer permanent residence in the United States though they permit the applicant and qualified family members to live in the United States  for an extended period. First grant is usually for a period of between 2 and 5 years dependant on the size of the investment  and business. On first renewal you usually get five years more. You must express an intent to return to the UK when the business concludes.

However if you structure the purchase in the correct way it is possible for one of the spouses to get work authority to be employed out of the business and he/she can then get work sponsored , and change status via a green card to immigrant status and ultimately citizenship.

To qualify  for an E2 visa

• You or your company must be a national of a treaty country which includes the United Kingdom.
• The investment must be substantial. 
• It must be sufficient to ensure the successful operation of the enterprise.
• The percentage of investment for a low-cost enterprise must be higher than the percentage of investment in a high-cost enterprise.
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify.
• The investment must generate significantly more income than needed to provide a living for you and your dependants, and it must have a significant economic impact in the United States economy.

They are now looking for at least $38,000 income a
year to support wife and child and two US employees.

• You  must have control of the funds, and the investment must be at risk.
• For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted. 
• Investments, however, may be prospective, provided that the funds are irrevocably committed to the investment, contingent only upon the issuance of the visa.
• There is no fixed amount which is considered "substantial."
• A substantial amount of capital constitutes that amount which is ample to ensure the investor's financial commitment to the successful operation of the enterprise as measured by the proportionality test.
• The proportionality test compares the total amount invested in the enterprise with the cost of establishing a viable enterprise of the nature contemplated or the amount of capital needed to purchase an existing enterprise.
• Such comparison constitutes the percentage of your investment in the enterprise.
• That percentage must compare favorably in the fashion of an inverted sliding scale starting with a high percentage of investment for a lower cost enterprise.
• The percentage of investment decreases at a gradual rate as the cost of the business increases.

An amount of capital invested in an enterprise is merely presumed to be substantial when it meets or exceeds the percentage figures given in the following examples:

75% investment in an enterprise costing no more than $500,000

(if the cost of the enterprise is substantially lower than $500,000, 85-90%, or even 100% investment may be required).

50% investment in an enterprise costing more than $500,000 but no more than $3,000,000.

30% investment in any enterprise costing more than $3,000,000.

WE SUGGEST A MINIMUM INVESTMENT
OF $135,000 OF YOUR FUNDS 

• A marginal enterprise is an enterprise which does not have the capacity to generate significantly more than enough income to provide a living for your family and other alien employees.
• You must have the intention of departing the US upon conclusion of the commercial activities. Nevertheless, holders of E-visas may reside in the US as long as they continue to meet E-visa qualifications.
• Whist in  E-2 status and in the United States you may seek to apply to change to an immigrant status (lawful permanent residence with green card).
• Spouses and children under age 21 qualify for derivative E-visas based on the principal applicant's qualification. 

Peter Gold

Peter Gold Barrister-at law :Immigration and relocation specialist.   www.floridabuyahomeforu.com