To Qualify for Treaty Investor (E-2) Visa/Requirement of E-2 Visa:
The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country. Bangladeshi nationals are qualified for this category of visa due to the treaty/business relationship with the U.S.
If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
The investment must be substantial, with investment funds (recommended amount is minimum $100,000 and over) or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.
ADVANTAGES OF E-2 VISA
- Investors from Bangladesh are allowed to establish, advance and operate a business within the United States.
- There is no minimum investment amount that is required and no specific sum is written into law. The regulations state only that the investment must be sufficient to develop a successful, non-marginal business that meets the criteria above.
- Spouse of E-2 Investor will be issued an E-2 dependent visa which can allow the spouse to apply for work authorization based on their E-2 dependent visa.
- Children under 21 of the E-2 Investor will also be issued an E-2 dependent visa and are be able to attend school of their choice (in many states, children can qualify for in-state tuition at State Universities up until they reach the age of 21).
- The E-2 visa holder has the choice of living outside of the United States for undetermined amount of time and can re-enter the country for as long as their visa is valid.
- E-2 Visa holder may initially be granted visa for 1-5 years. Extensions of stay can be granted for further 2-5 years. There is no limit by law on how many times an E visa holder can extend their stay, so theoretically they could legally remain in the U.S. on E-2 visa and status indefinitely, as long as the investor owns the Company with substantial profit, and the Company did not become “marginal” in nature.
- Accompanying Spouse and Children under 21 years of age would qualify for Legal Permanent Resident (LPR) known as Green Card through Principal applicant if principal applicant change his status from E-2 to H1B Entrepreneur/Self-Employed or through Spouse, if Spouse would change his/her status in U.S. through suitable employment category and then apply Green Card through sponsoring company. If principal applicant is unmarried he/she can apply green card through marriage to U.S. Citizen or Permanent Resident.