Asked in Immigration Law

Q: E2 treaty investor visa. Investment Requirements.

I am a Mexican citizen working in the US currently as a Computer Systems Analyst with a TN visa. I have a friend (US citizen) who owns an IT consulting company. I am considering investing on his company 50% and get an E2 treaty investor visa. I read information related to this visa and there is no set minimum investment and the general requirements demand that the company be a "bona fide" company and that the profit will be more than marginal within a 5 years time frame. The company itself doesn't require considerable material resources, we work at client sites and the computers are provided by the clients. How can the investment amount required to qualify for this kind of visa be estimated in the particular case of a small consulting company with just us as the partners and workers?

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1 Lawyer Answer
Sheri A Benchetrit
Sheri A Benchetrit
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: While it is true that there is no minimum required investment, the investment must be substantial relative to the business you are investing in. Typically my clients invest at least $100,000, to document that they are serious about the investment. However, in your case you have one more issue to deal with and that is if you are buying into an existing business, you must have a business valuation done in order to determine the correct value of the business and therefore the amount that you must invest. For an E2 visa it is generally recommended that you are at least the 51 percent shareholder and the amount of your investment must reflect that.

I suggest that you speak with an experienced immigration lawyer to discuss all of your options in greater detail.

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