E-2 Visa for Czech Investors & Entrepreneurs

Czech entrepreneur planning a U.S. business with an E-2 investor visaInvest in a U.S. business. Build your business in America. Live and work in the United States.

Czech citizens are eligible to apply for an E-2 Treaty Investor visa based on the treaty  between the Czech Republic and the United States. For Czech entrepreneurs and investors who want to establish, purchase, or develop a business in the United States, the E-2 visa can provide a flexible way to live in the United States while actively managing that business.  Juras Law Firm represents Czech investors, entrepreneurs, business owners, and their families in E-2 visa matters throughout the United States and at U.S. consulates abroad.

Czech and English-language representation is available.

Schedule an E-2 Visa Consultation: www.juraslaw.com/schedule-consultation/

See examples of Successful Czech E-2 Cases:

Treaty investor (E-2) visa for a Czech dealer of motorized surfboard

Treaty investor (E-2) visa for a Czech real estate investor

Treaty investor (E-2) visa for a Czech investor in solar panel cleaning business

Treaty investor visa (E-2) for Czech entrepreneur creating kitchen design and import business

What Is the E-2 Visa for Czech Investors?

The E-2 Treaty Investor visa allows a qualifying Czech national to come to the United States to develop and direct a U.S. business in which the investor has made a substantial investment.

Unlike some employment-based visa categories, the E-2 does not require sponsorship by an unrelated U.S. employer. The qualifying U.S. business itself becomes the basis of the E-2 application.

The E-2 can be particularly attractive for Czech entrepreneurs who want to:

  • start a new U.S. company;
  • open a U.S. branch or operation related to an existing European business;
  • purchase an existing U.S. business;
  • acquire a franchise;
  • expand an established business concept into the United States; or
  • invest in and actively operate a new U.S. enterprise.

There is no fixed minimum dollar amount established for an E-2 investment. Instead, the amount must be substantial in relation to the cost and nature of the particular business.

Who Qualifies for an E-2 Visa?

A Czech investor generally must demonstrate several important elements.

  1. Czech Treaty Nationality

The principal E-2 investor must have the nationality of a country that qualifies under an E-2 treaty with the United States. The Czech Republic qualifies for E-2 treaty investor visas.

For a business entity, treaty nationality generally depends on the nationality and ownership of the qualifying owners.

  1. A Substantial Investment

The investor must have invested, or be actively in the process of investing, a substantial amount of capital in the U.S. enterprise.  There is no required minimum dollar amount.  A service business may require a smaller investment than a manufacturing facility, restaurant, hotel, or capital-intensive operation.

What matters is whether the investment is substantial in relation to the actual cost of establishing or purchasing the particular business.

  1. The Money Must Be Committed and At Risk

Simply transferring money into a U.S. bank account is generally not enough.  The investment should normally be committed to the business through expenditures or binding commitments such as:

  • equipment and machinery;
  • inventory;
  • commercial rent;
  • professional and licensing expenses;
  • technology and software;
  • business vehicles;
  • furniture and fixtures;
  • marketing;
  • deposits;
  • franchise expenses;
  • acquisition costs; and
  • other legitimate business startup or operating expenses.

How the investment is structured before the visa application can therefore be extremely important.

  1. The U.S. Business Must Be Real and Operating

The E-2 category is intended for an actual commercial enterprise—not merely a passive investment.  The business should be developed sufficiently to demonstrate that it is a genuine enterprise that is operating or will become operational.

  1. The Investor Must Develop and Direct the Business

The E-2 investor must be coming to the United States to develop and direct the enterprise.  Ownership is an important part of this analysis. USCIS identifies at least 50% ownership, or another means of possessing operational control, as relevant to establishing the ability to develop and direct the enterprise.

  1. The Business Cannot Be Marginal

The business cannot exist merely to provide minimal support for the investor and the investor’s family.  A new company may qualify even before it has significant revenue or employees, but the application should present credible evidence showing the business’s capacity to grow beyond a marginal enterprise.

This is one reason why the business plan, financial projections, hiring plan, contracts, market evidence, and overall presentation of the enterprise can be important components of a strong E-2 application.

How Much Must a Czech Investor Invest for an E-2 Visa?

There is no official minimum investment amount for an E-2 visa.

This is one of the most frequently misunderstood aspects of the E-2 visa.  Whether an investment is sufficient depends on the particular business.

The proper question is therefore not simply:

“How much money do I need for an E-2 visa?”

The better question is:

“How much does this particular business realistically require, and how much of that investment should be committed before the E-2 application?”

We evaluate the investment in the context of the complete business rather than relying on an arbitrary investment number and prepare an E-2 application that establishes that the investment is, in fact, substantial.

Can I Start a New U.S. Business for an E-2 Visa?

Yes. An E-2 investor does not have to purchase an existing operating company.

A Czech entrepreneur may establish a new U.S. company and develop the enterprise specifically for the U.S. market.  A startup E-2 case involves establishing the company, funding it, securing premises, purchasing equipment, inventory, supplies, or other necessary items, developing the business infrastructure, and demonstrating that the enterprise is positioned to begin or continue operations.

The timing and sequence of these steps matter because the E-2 rules require more than simply having an idea for a future U.S. business.

Can I Buy an Existing U.S. Business?

Potentially, yes. The purchase of an established U.S. business can qualify for E-2 classification if the transaction and the investor satisfy the E-2 requirements.

Careful planning can be particularly important where the purchase is conditioned on issuance of the E-2 visa.

Before committing to the acquisition, an E-2 investor should consider how the purchase agreement, escrow arrangements, source of funds, ownership structure, business valuation, and operating plan will affect the visa application.

Where Can the E-2 Investment Money Come From?

E-2 investment funds must be documented carefully.

Depending on the circumstances, funds may come from legitimate sources such as:

  • business income;
  • employment earnings;
  • accumulated savings;
  • sale of real estate;
  • sale of a company or ownership interest;
  • investment proceeds;
  • inheritance;
  • gifts; or
  • qualifying loans.

It is not enough simply to show that money arrived in the U.S. company’s bank account. A strong application must establish the source and movement of the investment funds from their origin through the investment into the U.S. enterprise.

For Czech investors, this may require coordinating Czech financial, corporate, property, banking, tax, or other records with the U.S. immigration evidence.

Successful E-2 Visa Cases for Czech Investors

One of the best ways to understand the E-2 process is to see how the requirements apply to real businesses.

Our Czech E-2 matters demonstrate that there is no single type of business that qualifies for E-2 status.  Every E-2 business is different.  The key is how the investment, ownership, business operations, funding, growth strategy, and supporting evidence fit the legal requirements. Our case studies are intended to illustrate how E-2 requirements may be satisfied in different factual and business circumstances.

See examples Successful Czech E-2 Cases:

How Long Can a Czech Citizen Receive an E-2 Visa?

Visa validity depends on the applicable treaty.  Czech nationals may receive multiple-entry E-2 visas valid for up to five years.  An E-2 visa may also potentially be renewed as long as the investor and enterprise continue to satisfy the applicable requirements.

Can My Spouse and Children Come With Me?

Yes. A qualifying E-2 investor’s spouse and unmarried children under age 21 may generally accompany or follow the principal investor in derivative E status.

Do I Have to Apply for My E-2 Visa in Prague?

Many Czech investors residing in the Czech Republic apply for their E-2 visas through the U.S. Embassy in Prague.

The appropriate filing and visa strategy, however, depends on where the investor is located, immigration status in the United States if applicable, nationality, residence, business circumstances, and long-term plans.   We evaluate the appropriate strategy before the E-2 filing is prepared.

 

Czech-Speaking U.S. E-2 Visa Attorney

For Czech investors, an E-2 case can involve two different systems: the underlying Czech documentation and the U.S. immigration requirements.

Irena Juras is a U.S. immigration attorney with legal education and professional experience in both the Czech Republic and the United States.

She earned her law degrees from the Faculty of Law at Masaryk University and the University of Arizona James E. Rogers College of Law.

She is a native Czech speaker and has more than 27 years of legal experience in the United States.  Her immigration practice focuses substantially on U.S. business immigration matters, including representation of entrepreneurs, investors, business owners, executives, and professionals.

For Czech E-2 investors, this background can be particularly useful when the case involves Czech:

  • corporate documents;
  • property transactions;
  • business records;
  • financial records;
  • source-of-funds documentation;
  • contracts; or
  • other Czech-language evidence.

Clients can communicate directly in Czech or English.

Juras Law Firm represents E-2 investors throughout the United States and internationally.

Representation available in English and Czech.

Schedule an E-2 Visa Consultation: www.juraslaw.com/schedule-consultation/

Read Examples of Our Successful Czech E-2 Visa Cases:

Treaty investor (E-2) visa for a Czech dealer of motorized surfboard

Treaty investor (E-2) visa for a Czech real estate investor

Treaty investor (E-2) visa for a Czech investor in solar panel cleaning business

Treaty investor visa (E-2) for Czech entrepreneur creating kitchen design and import business

This page provides general information and does not constitute legal advice. E-2 eligibility depends on the individual investor, the business, the investment, applicable treaty arrangements, and the complete facts of each case.