Helping Investors in the Greater Cincinnati Region
With a personal investment of as little as $50,000 USD into your own business, you and your family may be able to live and work in the United States with a work visa.
Here is how it works:
Create a new business or invest in an existing business using your personal funds of at least $80,000 USD.
Personal funds can come from any legal source, such as savings, gifts or loans from friends and family, or any other legal source that is not secured against the business.
Apply for Change of Status to E-2 or apply for an E-2 visa in your home country. Processing times are about eight (8) to ten (10) weeks. Premium Processing is available from USCIS for Change of Status at an additional cost, which will lead to an approval in as little as two (2) weeks.
E-2 status will last for up to two (2) years and may be renewed as long as you continue to develop and control your business.
Understanding the E-2 Investment Requirements
Investing in a New or Existing U.S. Business
As a treaty investor, you must be coming to the United States to invest in a new or existing enterprise. USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial.
The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.
Criteria for a Substantial Capital Investment
A substantial amount of capital is:
Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher the investment must be.
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.
At The Fleischer Law Firm LLC, we have decades of experience helping businesses and investors successfully navigate the U.S. immigration system. We maintain direct involvement in your case from start to finish, helping you avoid common pitfalls and addressing your concerns along the way. As a result, we have earned a reputation in Cincinnati and surrounding areas for exemplary legal services and trustworthy support.
Would you like to learn more about your visa options as an investor? Call our E-2 visa lawyers in Cincinnati at (513) 880-9969 today. We can get started with a complimentary case evaluation.
Your E-2 Visa Journey in Cincinnati: Local Insights and Resources
As you consider the E-2 visa to invest in Cincinnati, it's essential to understand the local landscape and resources available to you. The Greater Cincinnati area, known for its vibrant economy and diverse business opportunities, is home to numerous resources that can assist you in your investment journey. The Cincinnati Chamber of Commerce, for instance, offers valuable information on local business regulations, networking opportunities, and economic development initiatives that can help you navigate the process of establishing your business.
Investors often face challenges such as understanding local market dynamics, securing financing, and complying with city regulations. The City of Cincinnati's Department of Community and Economic Development provides guidance on zoning laws, permits, and other essential requirements for new businesses. Familiarizing yourself with these local regulations can save you time and help you avoid potential pitfalls.
Moreover, the Greater Cincinnati area boasts a supportive community for entrepreneurs, with various incubators and accelerators designed to foster business growth. These organizations can provide mentorship, resources, and connections to local investors, which can be invaluable as you work to meet the substantial investment criteria for your E-2 visa.
By leveraging local resources and understanding the unique challenges of the Cincinnati market, you can position yourself for success as you embark on your E-2 visa journey. Whether you're looking to invest in a new venture or expand an existing business, Cincinnati's thriving economy and supportive environment make it an ideal location for your investment.
Requirement 2 – Investment must be in a bona fide enterprise and may not be marginal
The requirements for a bona fide enterprise are as follows:
It is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit.
It must meet applicable legal requirements for doing business within its jurisdiction.
It is NOT an idle investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor who has no intent to direct the enterprise.
The investor (either a person, partnership, or corporate entity) must have the citizenship of a treaty country.
If it is a business, at least 50% must be owned by persons with the treaty country’s nationality.
The investment must be substantial (enough to ensure the successful operation of the enterprise), with investment funds or assets committed and irrevocable. Uncommitted funds in a bank account or similar security are not considered an investment.
The investment must be a real operating enterprise. It cannot be a paper organization or speculative/idle 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.
A marginal (rather than substantial) enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and their family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins. See 8 CFR 214.2(e)(15).
Requirement 3 – Period of Stay
Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.
All E-2 nonimmigrants must maintain an intention to depart the United States when their status expires or is terminated. Unlike with tourist visas, which require the applicant to demonstrate significant social, economic, and familial ties outside of the U.S., E-2 visa holders simply must provide a statement of intent to return to their home country when their visa expires.
An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.
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What are the benefits of obtaining an E-2 visa in Cincinnati?
Obtaining an E-2 visa in Cincinnati offers numerous advantages for investors looking to establish or expand their business in the United States. This visa allows you and your family to live and work in the U.S. while actively managing your investment. The E-2 visa is particularly appealing due to its relatively low investment threshold, starting at $50,000, and the potential for renewal as long as your business remains operational. Additionally, Cincinnati's growing economy and supportive business environment provide a fertile ground for new ventures, making it an ideal location for E-2 visa holders.
How long does the E-2 visa application process take in Cincinnati?
The E-2 visa application process in Cincinnati typically takes about eight to ten weeks. However, if you choose to apply for a Change of Status through USCIS, you can opt for Premium Processing, which expedites the process to as little as two weeks for an additional fee. This can be particularly beneficial for investors who are eager to start their business operations quickly. Understanding the timeline and preparing your application thoroughly can help ensure a smoother process.
