By: Darren Silver, Esq. 

The E-2 visa an important option to review for those entrepreneurs looking to purchase or invest in a Business in the United States.  The E-2 allows the flexibility of owning and managing a U.S business. The E-2 visa can be extended with no limits. As long as the business continues to be an ongoing concern, the E-2 holder will be eligible for extensions.  An applicant may apply for an E-2 abroad directly with the Consulate or within the United States as a change of status.

The E-2 applicant must be a National of a country with which the United States maintains a treaty of commerce and navigation.  See U.S. Department of State’s Treaty Countries https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html  for a current list of countries with which the United States maintains a treaty of commerce and navigation.

Where an applicant is not a national of a Country with the requisite Treaty, the applicant may consider obtaining citizenship in a country that does carry the E-2 Treaty availability and hence providing the applicant with E-2 eligibility.  Several E-2 eligible countries have set up programs to allow applicants to acquire Citizenship in an easy and expedited manner.  The Country of Grenada is the most well-known third Country to offer this option. With one investment, a family can obtain citizenship for the principal investor, spouse, children under the age of 30, and parents over the age of 55. There is no requirement to visit Grenada during the process.  Generally, in order to qualify for citizenship through the Grenada program, an applicant will need to either invest in an approved project (real estate) for a minimum of USD 350,000 or make a minimum non-refundable contribution to the National Transformation Fund (NTF) of USD 200,000. The Grenada government is working to ensure a fast and efficient application process of around three months from submission to approval.

Treaty qualifying applicants will then focus on the U.S rules and requirements for processing their E-2 visa.

Darren Silver is a managing partner of Darren Silvers & Associates, LLP.  The Law Firm has been dedicated to Businesses and Investment U.S Immigration for over 20 years. Mr. Silver can be contacted directly at dsilver@darrensilver.com