If you are planning on investing in the United States but live in a foreign country, one thing you should look into is an E-2 treaty investor visa. This classification identifies you as a person who is allowed to be admitted into the United States for the purpose of investing capital into U.S.-based businesses.
The E-2 nonimmigrant classification only works for those who are nationals of countries involved in the treaty. If your country is part of the treaty, then you and qualifying family members may be able to come to the United States to live.
What should you do if you're already in the United States and want E-2 classification?
If you want E-2 classification, then you can file form I-129 and seek your status change. Your employer may also do this for you if he or she wants to hire you and you are in the country legally as a nonimmigrant.
How do you get the E-2 classification if you are not living in the United States?
If you aren't in the United States, then you will have to qualify for the E-2 classification by showing that you're a national of a country that has a treaty with the United States for navigation and commerce. You also have to show that you have previously invested or intend to invest substantial capital into a business or enterprise located in the United States. You should also be able to show that you are coming to the United States to direct and develop the enterprise. To show this, you'll have to be able to show that you have at least 50 percent ownership over the business or show that you have a right to possess or control the enterprise because of a managerial position.
What classifies as substantial capital?
Substantial capital is any capital that is substantial when it comes to purchasing or establishing a new enterprise. It must be high enough to ensure that the investor would want to focus on the success of the business and large enough to support the idea that the investor would direct and develop the enterprise successfully. Essentially, the government wants to know that enough funds are being invested that the investor would want to be focused on the continued growth of the business to protect his or her interests.
These are a few things to know about the E-2 classification. It can help you come to the USA if you have enough capital to invest.