Thank you for your question! In life, nothing worth having is easy to obtain. That said, the E-2 Visa process is quite demanding. You are eligible for an E-2 Visa so long as you meet five requirements:
(1) You must demonstrate that you are entering the United States to carry on a trade or develop and direct a business.
(2) You must be from one of these countries: Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Honduras, Iran, Ireland, Italy, Japan, Jordan, Korea (South), Kosovo, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, or Yugoslavia.
(3) You must demonstrate your intent to depart from the United States after your E-2 Visa expires. If you entered the country on a B-1 or B-2 Visa to complete a business transaction but then, decided to apply for an E-2 Visa the United States Citizenship and Immigration service may conclude that you are simply attempting to stay in the country on false pretenses.
(4) You must demonstrate that your investment is a substantial, real, operating business that is not a speculative, marginal, or idle investment. Investing in land or stocks with no intent to direct or participate in a business does not satisfy this criterion. If your business is the process of formation when you fill your E-2 application, please provide proof that you intend to develop your business soon. Your investment will not be substantial enough if the government decides that it is too small or invested in a marginal enterprise that will only yield enough for you to make a living. You can meet this requirement by, among other things, demonstrating that your investment will expand local job opportunities and, that you will not be an unskilled laborer in the project. The government will also compare the amount you invest in the project to (1) the enterprise’s total value or (2) an amount normally considered necessary to establish a viable business in your particular sector. Your investment in the restaurant likely satisfies this requirement.
(5) You must demonstrate that you have majority control over the enterprise and that you developed and direct it.
These are rough guidelines on eligibility. If you message me, I can provide you with detailed instructions on petition procedures unique to your nation’s consulate. I hope this helps.
If you’re in the market for applying for an E-2 visa then check outOur immigration attorneys have completed thousands of employment-based visas and can walk you through the process at an affordable flat rate. Feel free to reach out with any questions!