Taiwanese citizens who wish to live and work in the United States should consider applying for an E-2 visa. There are many advantages to holding an E-2 visa. It allows the visa holder to live and work in the U.S. indefinitely. Their family members can also work and study here. They can apply for driver's licenses and social security numbers. Hence, an E-2 visa functions more or less like a green card in many respects.
Who is eligible to apply for an E-2 visa?
The E-2 Treaty Investor visa is for citizens of countries with which the U.S. maintains treaties of commerce and navigation. Taiwan is one of the countries with such a treaty with America. The investor must be a Taiwanese citizen. Certain employees with supervisor responsibilities or specialized skills of a Taiwanese company may also be eligible, if at least 50 percent of the business is owned by Taiwanese citizens. The E-2 visa is essentially a visa to start and operate a business in the U.S.
Basic requirements for an E-2 visa?
The precise legal requirements for E-2 visa are rather technical. But generally speaking, there are several major requirements. First, the investment must be substantial, and the funds have to be real and irrevocable. A substantial investment here does not mean millions of dollars of funding. It merely means that the investment is reasonable for the type of business to get started, and is sufficient to ensure successful operation of the business. However, the investor must be in the process of investing the funds or ready to invest once the E-2 visa is approved.
The business at issue must be a real operating enterprise. Speculative or empty business ideas do not qualify. A comprehensive, detailed business plan that can be implemented immediately must be provided to support an E-2 visa application.
Further, the investment may not be marginal, meaning that it must be not be a business that can only financially support the investor and his family. The business enterprise must have the capacity to make a significant economic contribution. For example, the business will branch out to multiple locations or employ several U.S. workers in the near future.
Finally, it is important to note that the E-2 visa is not for passive investment. The investor or its employees must be coming to the United States to develop and direct the enterprise.
How to obtain an E-2 Visa?
The preferred way to apply for an E-2 visa in Taiwan is through the American Institute in Taiwan (AIT). One would have to complete several comprehensive application forms with substantial supporting documentation regarding the treaty investment enterprise, source of funding, proof of irrevocable investment, visa applicant's professional and personal information, etc. As mentioned, a detailed and concrete business plan must also be provided to the visa officer. The applicant must attend a visa interview before an E-2 visa can be issued.
How long does an E-2 visa last?
The initial visa approval is usually good for five years. As long as the applicant and the business continue to meet the legal requirements, extension of status can be granted from 2 to 5 years with no limits. Applicants and their family members may travel internationally with the E-2 visa without restrictions.
Conclusion
The E-2 visa is an excellent tool for foreign nationals to work and live in the U.S. The investments required are substantially less than the EB-5 investment visa, and so are the risks involved. Investors are free to choose a variety of business to invest in including professional services, personal services, retail business, franchise business, etc. Not all countries are eligible for the E-2 visa. Unlike mainland Chinese citizens, Taiwanese are eligible for the E-2 visa and should take advantage of it.
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