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What is “substantial” amount of capital for E-2 investor visa?

The E-2 investor visa provides an excellent opportunity for foreign nationals from countries that have treaties of commerce and navigation with the U.S. to come to the U.S. to develop and manage operations of a business.  A frequent question of foreign investors considering applying for an E-2 investor visa is: ‘What is considered a “substantial” investment’?  Unlike the minimum investment requirement for EB-5 investor visa (“green card”), which is $1 million or $500,000 in targeted employment areas, there is no set dollar amount that has to be invested in order to be considered “substantial” investment for E-2 visa purposes.  A substantial amount of capital for E-2 purposes constitutes an amount that is substantial in proportionality sense.

The proportionality test compares the total amount invested in the enterprise with the cost of either purchasing an established enterprise or creating a viable new enterprise.  The lower the cost of the business, the higher a percentage of investment is required.  On the other hand, a highly expensive business would require a lower percentage of qualifying investment. Thus, investments of 100 percent or a higher percentage would normally automatically qualify for a small business of $100,000 or less. On the other hand, an investment of $10 million in a $100 million business would likely qualify, based on the sheer magnitude of the investment itself.

The “substantial” investment has to be large enough to lead to the successful operation of the E-2 enterprise and must be more than marginal (must have capacity to generate more than enough income to provide a minimal living for the investor and his family).  What constitutes a substantial investment is different for different industries. If an investor wants to start a manufacturing business, or any other capital-intense business, $100,000 will not constitute a substantial investment.   However, $100,000 or lower amount may be sufficient for service businesses.  We have helped numerous foreign investors to get E-2 investor visas for a $100,000 investment in service businesses.  We recently obtained an E-2 visa for a Canadian investor who purchased an existing service business in Arizona for $70,000.  The U.S. Citizenship and Immigration Service has approved E-2 visa even for smaller investments.  Our most recent case was an E-2 visa for a Canadian investor who purchased an Arizona retail business for $250,000.

If you are looking to invest in a business or enterprise in Arizona or anywhere throughout the United States, call the Juras Law Firm, PLC to speak with an experienced E-2 visa attorney. Call our office at (480) 425-2009 or complete the contact form on this page for a consultation. We understand that the visa application process is complex; an experienced Arizona E-2 visa attorney is here to answer your questions.

 

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Arizona Immigration Attorney Announces Recent Legal Immigration Cases via K-1 and E-2 Investor Visas

Irena Juras, Phoenix, AZ based immigration lawyer assists two clients in finalizing their U.S. immigration cases.

Phoenix, AZ (September 9, 2014) – Citizens of countries outside the United States seek to immigrate to the U.S. for many reasons, often times financial, but others a matter of the heart. Recently, Irena Juras of the Juras Law Firm assisted two clients who fell into those categories: a Canadian citizen who wanted to legally invest in a U.S. based company and a U.S. citizen who wanted to immigrate his Philippine born fiancé.

The first case involved a Canadian investor who wished to take advantage of the E-2 Treaty Visa, commonly an alternative to the EB-5 Investor Visa.  This type of visa allows a national of a treaty country to enter the United States to develop and direct a business in which (s)he invested, or in which (s)he is actively in the process of investing, a substantial amount of capital.  In this case, the gentleman sought to invest in an Arizona based retail business, his E-2 Investor Visa was approved by the U.S. Embassy in Toronto in late August.

Juras’ second case involved a young couple who sought to get married in the United States.  Juras’ client, a U.S. born citizen, engaged Juras to help his fiancée in the Philippines acquire a K-1 Fiancee Visa to the United States.  What’s notable about this case is the fact that the fiancée was able to get the visa in only two months, whereas the average processing time is normally five months.  The fiancée legally entered the U.S. and was married within 90 days.  Juras then filed the application to adjust status to a conditional resident status which was approved in three months.

“While most people see the negative headlines associated with immigration, I’m happy highlight the many benefits of legal immigration to our country, whether it is for investment purposes or assisting two people who love each other in getting married,” commented Juras.
About Juras Law Firm

Named a Top Immigration Lawyer by North Valley Magazine and Avvo, Irena Juras  is a highly respected attorney throughout the U.S. and overseas. As head of Juras Law Firm, an Immigration and Bankruptcy Law Firm in Phoenix, AZ, Irena is an immigrant herself from the Czech Republic, studying and practicing law in the Czech Republic before moving to the United States. Irena is currently licensed to practice law in both Arizona and New York. The firm has represented clients in international transactions, immigration matters and international bankruptcies from over 60 countries and 6 continents. Irena has 16 years combined experience in immigration law and representing debtors, creditors and trustees in bankruptcy proceedings.