Confession: Why I am Still an E-2 Addict

My name is Oliver Branch. I am a US immigration lawyer and I’m still completely obsessed with the E-2 visa program. You still don’t know why? Well, let me tell you! The E-2 visa (officially called the “E-2 Treaty Investor Nonimmigrant Visa”) is a win-win: a great deal for the US and a fantastic opportunity for investors looking to expand their enterprise internationally or who want to live in the US full-time or part-time.

Since we last spoke about my E-2 addiction, a lot has changed in both economic markets and US political administrations, but one thing has remained steadfast: both Democrats and Republicans agree that the E-2 visa program is not only good for the economy, but it is also great for US workers. Historically, this has led to the E-2 visa program being one of the least impacted immigration policies and procedures, even with changes in administration.

In 2023 alone, US Consulates around the world issued nearly 54,000 E-2 Treaty Investor Visas! This marks a 20% increase from the preceding fiscal year, which had already recorded a record number of issued E-2 Visas. Many of these Applicants came from fellow G7 countries, including Canada, Japan, Germany, France, and the United Kingdom.

With numbers like these, it’s clear to see that I’m not the only one addicted! The E-2 Visa Program is not only one of the most popular entrepreneur visa programs in the US, but it is one of the most popular globally. Entrepreneurs, whether they are venturing into markets for the first time or are experienced veterans, and international companies alike are itching for post-pandemic flexibility, not only in work but in lifestyle.

So, if I still don’t have you craving for a hit of the E-2 Visa Program, let’s break down exactly why this program is a win-win for all of those involved.

How is the E-2 visa program a win for the US?

Eligibility for the E-2 visa program requires that an individual or corporate investor from an E-2 treaty country (which includes Canada) make a substantial investment in a new or existing US enterprise, which creates or maintains employment for US workers and generates taxable revenue. US jobs and US tax revenue – a win that’s good for the economy and even better for workers!

How is the E-2 visa program a win for the E-2 investor?

Whether the E-2 investor is an individual or a company from an E-2 treaty country, the E-2 visa program permits the investor and other individuals from the E-2 treaty country to obtain E-2 visas in indefinitely renewable five (5) year increments permitting intermittent or full-time employment with the E-2 enterprise in the US Spouses of E-2 visa holders are eligible for E-2S spouse visas, which provides them open employment authorization in the US, while children of E-2 visa holders are also eligible until they hit twenty-one (21) for E-2Y visas which give them the ability to go to school in the US And here’s another bonus! The E-2 visa is not a ‘green card,’ which may be advantageous for tax purposes.

So, who utilizes the E-2 visa program?

That is the best part! The E-2 visa program is incredibly flexible and is utilized by everyone, from snowbirds to Fortune 500 companies to accomplish objectives equally as wide-ranging. Where some US nonimmigrant visa programs are limited in overall duration, prohibit self-petitioning, or require that each Applicant have prior employment for a related entity outside the US, the E-2 visa program doesn’t have these same restraints.

Here are just a few examples of how Moodys Private Client has utilized the E-2 visa program to help our clients:

• Snowbirds Looking to Stay Warm – our firm works daily with snowbirds who are looking to spend more time in the US – especially in sunny places like Florida or Hawaii, where the beaches are beautiful, and the weather is great year-round. Many of our snowbird clients have already invested in active small businesses in the US, using that investment to obtain E-2 visas.

• Oil & Gas Services Companies Looking for New Markets – with some of the extreme challenges many oil & gas services companies have faced in Canada, we frequently help these companies utilize the E-2 visa program to expand into the US market and ensure that their key Canadian personnel are able to work in the US, both to manage operations and to transfer essential and specialized knowledge to US workers.

• Entrepreneurs Looking to Make Their Mark in a Big Market – whether for a first-time entrepreneur or for those who live and breathe entrepreneurial endeavours, the E-2 visa program is often a great fit. With proper corporate structuring, the E-2 visa program can set up the E-2 investor for the next big opportunity and the ones that follow.

Want to know how the E-2 visa program could work for you? Want to know how you can acquire or structure a business in the US to take advantage of the E-2 program? If so, please join us virtually on November 27, 2024, at 2:00 P.M. EST to learn more.

Click on the link below to register for our webinar:

Webinar | Have You Heard About the US E-2 Investor Visa?