Can You Modify Your Investment After Obtaining an E-2 Visa?

Obtaining an E-2 visa can be a crucial step for individuals seeking to invest in and work in the United States. However, it comes with specific rules regarding changes to the original approved investment. This article aims to clarify these rules and the process of modifying your investment after an E-2 visa has been obtained.

Overview of the E-2 Visa Program

The E-2 visa is a non-immigrant visa intended for national citizens of treaty countries to invest in a business enterprise in the United States. The key requirement is that the investment must be substantial, and the treaty investor must be actively involved in the management of the enterprise.

Investment Requirements

The investment must be a real, effective investment in a business, rather than passive income. This means that the investor cannot merely make a small investment that yields high returns without actively participating in the venture’s day-to-day operations.

Can You Change Your Investment After Obtaining an E-2 Visa?

Once an E-2 visa application has been approved, any substantive changes to the terms or conditions of the E status, including changes in the investment, must be approved by the U.S. Citizenship and Immigration Services (USCIS) in advance. This ensures that the terms of the original application are adhered to and that the investor maintains the status of a treaty investor.

Substantive Changes and Their Impact

A change in investment is considered a substantive change and must be approved before it can be implemented. This could involve altering the scope of the project, changing the investment amount, or modifying the business structure.

Examples of Substantive Changes

Change in Investment Amount: Increasing or decreasing the investment might be considered a substantive change. If the increase is substantial, approval from USCIS may be required. Change in Business Structure: Shifting from a partnership to a corporation or vice versa would also be considered a substantive change. This necessitates a review by USCIS. Modification of the Business Plan: Any significant modification to how the business operates would need prior approval from USCIS to ensure that the requirements of the E-2 visa are still met.

The Process of Obtaining Approval for Investment Modification

When seeking to modify an existing E-2 investment, the process involves the following steps:

Identify the Change: Determine exactly what the change is and whether it is a substantive change that requires approval. Prepare Documentation: Gather all relevant documentation that supports the proposed change. This may include updated business plans, financial statements, and any other supporting evidence. Submit an Application: File a new E-2 visa application or petition with USCIS, providing all the necessary documentation and demonstrating why the change is allowed and necessary. Wait for Approval: USCIS will review the application and may request further information. Once approved, a new E-2 visa or extension of stay may be granted.

Conclusion

The E-2 visa is a valuable tool for investors from treaty countries to establish business operations in the United States. Changing your investment after obtaining the visa must be done with care to comply with the rules and regulations. Always seek legal advice if you are unsure about the changes you are planning to make to ensure compliance and avoid potential legal issues.