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E-2 Visa for Non-Treaty Country Citizens

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E-2 Visa for Non-Treaty Country Citizens

Calvin Azadi

Here at Azadi Law, our attorneys have been expertly helping clients to obtain E-2 “Investor” visas for years. This type of visa is for qualifying applicants who own at least 50% of a profitable or viably profitable U.S. company, in which they have invested approximately $100,000.

An E-2 visa is beneficial for many reasons – it can be renewed an unlimited number of times (as long as the company continues to function successfully), it allows the visa holder to qualify for benefits such as a Social Security number and Driver’s License, and it allows their spouse to obtain a Work Permit and their children to study in the United States.

There is just one issue - E-2 visas can only be obtained by citizens of countries who hold a valid treaty agreement with the United States (see a full list of these on our Business Visas page). So, what happens when, to give just a few examples, Iranian, Chinese, Portuguese, Brazilian, Peruvian, or Indian citizens wish to apply for an E-2 visa? What can they do?

All hope is not lost! There is a way to obtain an E-2 visa even if you hail from a non-treaty country such as those mentioned above. Certain treaty countries, including Montenegro, Turkey, Egypt, Bulgaria, Grenada and Jordan, offer Citizenship By Investment programs, which allow foreign passport holders to invest a significant sum of money in their country in exchange for citizenship.

Take Grenada, for example – a small country in the Caribbean comprising of a main island (also called Grenada) and smaller surrounding islands. This country’s Citizenship by Investment Act, passed in 2013, details two possible investment options. The first is a $150,000 minimum non-refundable contribution to the country’s National Transformation Fund, while the second is real-estate based, comprising of a minimum $220,000 purchase of property from a Grenada government-approved real estate project as well as a minimum $50,000 non-refundable contribution to the aforementioned National Transformation Fund.

Another popular option for non-treaty country citizens is to apply for a Turkish passport via a $250,000 property investment in Turkey. Property purchases can be an attractive solution for aspiring E-2 visa holders, as it allows them to receive money back on their investment while gaining a new citizenship at the same time. Countries that offer real estate-based citizenship similarly benefit as these incentives can provide a significant boost for their property market; this win-win situation is the reason behind the creation of many of these CBI programs.

In the case of both Grenadian and Turkish citizenship, would-be E-2 visa applicants looking to invest in real estate must hold on to said property for at least three years; after that, if they wish to sell the property, they can. There are no residency requirements linked to either of these citizenships (such as having to live in the country for a certain number of months per year), and passports can be processed as quickly as within 100 days of closing on a property. However, do bear in mind that in the majority of countries, citizens do have some tax requirements whether or not they reside in the country full-time.

If you are a citizen of a non-treaty country who wishes to apply for an E-2 visa, we advise you to get in touch with a reputable law firm in the proposed country of CBI citizenship and see if this could be an option for you. After that, please don’t hesitate to get in touch with us here at Azadi Law! It would be our pleasure to work with you to prepare your E-2 application, to allow you and your family to live out your American Dream.

For a detailed explanation of the E-2 visa application process, please refer to our Business Visas page. Please don’t hesitate to get in touch with us by calling +1 (305) 930 0435 or emailing info@azadilaw.com if you have any further questions or queries – our multilingual team of staff will be more than happy to help you.