The amount of investment needed to qualify as a “substantial” investment for an E-2 investor visa is often a topic of debate between investors, their attorneys, and the government. It is established that there is no minimum dollar amount. Precedent case law states that that an investment is substantial when it is “sufficient to establish a profitable and viable business in the United States.” Accordingly, when applying for E-2 status our analysis is focused primarily on the type of business, and its viability as to the dollar amount invested. This is the “proportionality test”. The test is a comparison between two figures. The amount of qualifying funds invested, and the cost of an established business or, if a newly created business, the cost of establishing such a business. In this case it is more of a ratio analysis.
When starting a new business we must often look to an economist or accountant for verification of the estimated costs from conception to stable operations. This information is then part of the supporting documentation to show the investment is substantial under the proportionality test.
If you are concerned about the amount of your investment, you should speak with an immigration attorney before applying for an E-2 Treaty Investor Visa. Because immigration law in the United States is becoming tougher and tougher, the process for entering the United States by any method is extremely difficult. The immigration attorneys of Geygan & Geygan, Ltd. have the experience necessary to help you understand the process of obtaining an E-2 visa and what requirements must be met, including demonstrating your investment is substantial. To discuss your E-2 visa questions and concerns, contact our office today to schedule your free consultation. We can be reached by calling 513-791-1673.