E-2 is a nonimmigrant visa that allows foreigners who are citizens of a country that has a commercial
treaty with the United States to enter the United States, make an investment and remain in the country
to pursue commercial activities.
How to qualify to start a business in the United States?
• The investor (both physical and legal) must belong to a country with a trade agreement with the
United States, such as Italy, Spain, etc.
• The investor must hold most of the shares of the investor of the American company as well as must
have the power to control the commercial activities.
• The investment must be substantial, ie sufficient to ensure the proper functioning of the company.
• Overall, the percentage of investment for a low-cost company should be higher than the percentage of
investment in a high-cost company.
• The amount invested must be substantial and risky. This means that this investment will be subject to
a possible loss if the business does not work.
• The investor must have control of the resources and the investment must be risky in the commercial
sense. Loans with guarantees against the assets of the company will not be accounted for.
• Business in the United States must be involved in active trade or service provision.
• The investment cannot be marginal. It should generate significantly higher income than is necessary to
maintain the standard of living of the investor and his family or should have a significant economic
impact in the United States.
• An investor must go to the United States to develop and run the company and must leave the country
when he completes his business activities in the United States.
The duration of your visa will depend on the agreement of reciprocity between the United States and
the country of citizenship of the applicant (eg reciprocity of the United States with Italy is 5 years).
Finally, it is worth mentioning that the E-2 visa does not have permanent residence (Greencard). The
visa may be renewed indefinitely, provided that the visa conditions continue to be fulfilled.
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