EB5 Investors Magazine Volume 7, Issue 2 | Page 34

In addition to the relatively low investment rate, the E-2 visa can be obtained, in most cases, in about 4 to 6 months. This is much faster than even the simplest EB-5 process. Those clients who are moving with their children’s education in mind will love the quick and streamlined process of the E-2 visa. 3. Enterprise must be “real and active.” WHAT ARE THE E-2 REQUIREMENTS? The requirements for the E-2 visa are relatively straightfor ward, however everyone outside of the Department of State and USICS are given very little guidance about how to prove that the client meets these requirements. But, from a 30,000- foot view, here is what your client needs to prove in order to get the E2 visa: 1. Investment must be in the control of the investor and “at risk ” and irrevocably committed. 4. Enterprise must be “more than marginal.” "In the case of E-2 visas, birthplace is irrelevant and attaining a second passport will suffice to show treaty country nationality. " 2. Investment must be “substantial.” This requirement 34 EB5 INVESTORS M AGAZINE doesn’t even come with a minimum or maximum dollar amount. All that is required is a “substantial” investment, e n o u g h to“…e n s u r e t h e t r e a t y i nve s to r 's f i n a n c i a l commitment to the successful operation of the enterprise; and of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.” 1 5. The applicant must be able to direct and develop the business. 6. The applicant must be a national of a treaty country. 2 Requirement number six can cause issues for some EB-5 alternative seekers. If your clients carry only passpor ts from China, Vietnam, India, Russia, Brazil or South Africa (among others), they are not eligible for the E-2 visa without additional citizenship. However, there is a solution! In the case of E-2 visas, birthplace is irrelevant and attaining a second passport will suffice to show treaty country nationality.