E-2 Visa for India: Options for Indian Investors
Author: Ashoori Law
The E-2 visa is one of the most powerful immigration options for investors and entrepreneurs looking to start a business in the United States. With an E-2 visa, you can live in the US and operate your own business. Additionally, E-2 visa processing times are quite short compared to other visa options, which is another reason why the E-2 visa is so favorable. However, to qualify for an E-2 visa you must hold citizenship to a country that has an E-2 treaty with the United States, which is a key issue for E-2 visa India applicants. Unfortunately, India is not a qualifying country, creating limitations for those exploring the E-2 visa India option. For this reason, many Indian investors are unable to take advantage of the E-2 visa India pathway.
In this guide, I will discuss ways for Indian investors to apply for an E-2 visa. I’ll also discuss alternatives to the E-2 visa.
Overview:
1. Intro to E-2 Visa
2. Obtaining Citizenship to an E-2 Country
3. E-2 Alternatives
4. Conclusion
1. Intro to E-2 Visa
The E-2 visa is an investment-based USA visa for investors and entrepreneurs, including those researching E-2 visa India options. The basic idea of the E-2 visa is that it allows you to start a business or purchase an existing business in the US and work for that business.
E-2 Visa Requirements
- Must be a citizen of a country with an E-2 treaty with the US
- Make a substantial investment in a US company
- E-2 company cannot be a marginal enterprise
- You will direct and develop the US company
- Invest funds were obtained lawfully
- E-2 company must be an active, for-profit company
- You must have the intent to depart the US once your E-2 status ends
- Investment must be at-risk
Benefits of an E-2 Visa
- Speedy processing
- Ability to live in the US and operate and work for your own business
- No limit to the number of times the E-2 visa can be renewed
- Your spouse and children under 21 can also accompany your E-2 visa
- Work authorization for your spouse
2. Obtaining Citizenship to an E-2 Country
The main issue preventing Indian investors from applying for and getting approved for an E-2 visa is that India does not have an E-2 treaty with the US, which is central to the E-2 visa India challenge. In order to overcome this obstacle, one option is to obtain citizenship from a country that has an E-2 treaty with the United States.
Grenadian Citizenship
- One of the countries that foreign nationals from non-treaty countries get citizenship to is Grenada, often considered by those pursuing E-2 visa India strategies. Grenada is an E-2 country.
- Grenada is a country made up of three islands located in the Eastern Caribbean.
- The primary reason Grenada is a country of choice for E-2 investors is that Grenada has a program to obtain citizenship by investment, making it attractive for E-2 visa India applicants.
- As a disclaimer, I am not a Grenadian immigration lawyer, nor am I qualified to give immigration advice as it pertains to Grenada. For legal advice on Grenadian immigration matters, you should contact a Grenadian immigration lawyer. That said, Grenadian citizenship can be obtained for as low as an investment of $200,000.
Canadian Citizenship
- Another E-2 country that you may wish to look into is Canada as part of an E-2 visa India strategy.
- Similar to Grenada, Canada has its own program for foreign investors to obtain citizenship on the basis of making an investment.
- As a disclaimer, I am not a Canadian immigration lawyer, nor am I qualified to give immigration advice as it pertains to Canada.For legal advice on Canadian immigration matters, you should contact a Canadian immigration lawyer. That said, Canadian citizenship can be obtained for as low as an investment of C$800,000.
3. E-2 Alternatives
If you do not want to obtain citizenship to an E-2 country, then you may wish to consider alternatives to the E-2 visa India pathway.
Here are 2 options to consider:
L1 Visa
The L-1 visa is a non-immigrant visa that allows a foreign company to transfer one of its employees to work for a related US company and may serve as an alternative to E-2 visa India options.
L-1 Visa Requirements
- Qualifying relationship between foreign company and US company (ex: parent/subsidiary; branch office; affiliate)
- Continuous, full-time, work with the foreign company as either a manager, executive, or specialized knowledge worker (for at least 1 year within the last 3 years)
- Will work for the US company as either a manager, executive, or specialized knowledge worker
Similarities Between L-1 and E-2
As a foreign investor interested in an E-2 visa, you may be wondering how an L-1 visa can help you accomplish your goal of starting a business in the US. One way is that the L-1 visa also allows a foreign company to transfer a manager or executive to set-up a new office in the US. So as long as the foreign company continues to operate and you satisfy the other L-1 requirements, you an L-1 visa can allow you to come to the US to start a new business.
EB5 Visa
The EB-5 visa is an immigrant visa for investors and entrepreneurs and is often considered alongside E-2 visa India alternatives. As an immigrant visa classification, the EB-5 visa leads to a green card for the investor, their spouse, and children under 21 years old.
EB5 Visa Requirements
- Invest in a new commercial enterprise
- Invest a minimum of $1,050,000 (or $800,000 if the investment is located in a TEA)
- Create at least 10 full-time jobs for US workers
- Investment funds must have been obtained lawfully
- Investment must be at risk
- Investor must engage in the management of the business
Similarities Between EB5 and E-2
- Both the E-2 visa and the EB-5 visa provide a route for foreign investors and entrepreneurs to live and work in the US by making an investment in a US business, making them relevant to E-2 visa India planning. While the E-2 visa requires you to possess citizenship of an E-2 treaty country, the EB5 visa has no such requirement.
4. Conclusion
As an Indian investor or entrepreneur, you may be interested in pursuing the E-2 visa India pathway. The E-2 visa is a great option to start a business in the US or to purchase an existing business. However, to qualify for an E-2 visa you must have citizenship from a country with an E2 treaty with the US. India does not have an E-2 treaty with the US. Therefore, to qualify for an E-2 visa, you may consider applying for citizenship to another country which has an E-2 treaty with the US. Two countries you may wish to consider are Grenada and Canada. Alternatively, if you do not want to obtain citizenship to another country, 2 visas to consider (which have similarities to the E-2 visa) are the L1 visa and the EB5 visa.
If you have any questions, or if you would like to work with me, please feel free to email me directly at contact@ashoorilaw.com. I’d be happy to help you.
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Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.