Yes.
E2 Visa
Can a foreign investor begin employment in the United States without an E-2 visa issued by a U.S. embassy or consulate?
Yes. If the foreign investor entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status when the E-2 petition was approved; and a request for a change of status from the nonimmigrant status to E-2 status was requested, then the foreign investor could… Read More
How does a foreign investor obtain an E-2 visa?
If the foreign investor is already in the United States in valid status (visitor or other legal status), then s/he files an E-2 petition and a letter in support along with required documentation with the USCIS Service Center and may begin employment upon issuance of the USCIS approval. The foreign investor may instead apply for… Read More
When can the foreign investor begin employment in the United States?
If the foreign investor is outside the United States then s/he must obtain an E-2 visa before s/he will be admitted to the United States in E-2 status. If the foreign investor entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status on… Read More
Does the foreign investor have to have been employed full-time in the United States?
No. The foreign investor can be hired to work full-time or part-time.
Does the investment have to generate a large income?
The enterprise cannot be ‘marginal’. The enterprise is considered ‘marginal’ if it does not have the present or future capacity to generate more than a minimal living for the foreign investor and his or her family.
Can the investment be passive or speculative?
No. The foreign investor must be investing in an enterprise that is actually operating.
Can the investment be small?
The investment must be ‘substantial’ considering the amount of qualifying funds invested weighed against the total cost of purchasing or creating the enterprise; the amount normally considered sufficient to ensure the foreign investor’s financial commitment to the successful operation of the enterprise; and a magnitude of investment to support the likelihood that the investor will… Read More
Do the funds invested have to originate from the foreign investor?
Yes. The funds invested must be under the foreign investor’s control and cannot be obtained directly or indirectly through criminal activity
Can the funds invested originate from a family member?
Yes. The funds, however, must be a gift to the investor from a family member. The funds cannot be a loan to be repaid.