E-2 (Investment) & L1-A Visa

The E-2 non immigrant visa that allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business.  Certain employees of such a person or of a qualifying organization may also be eligible for this visa.

Qualify for Treaty Investor (E-2) Visa/Requirement of E-2 Visa

• The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country. Bangladeshi nationals are qualified for this category of visa due to the treaty/business relationship with the U.S.
• If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
• The investment must be substantial, with investment funds (recommended amount is minimum $100,000 and over) or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
• The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
• It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
• You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
• You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Advantages of the E-2 Visa:

• Investors from Bangladesh are allowed to establish, advance and operate a business within the United States.
• There is no minimum investment amount that is required and no specific sum is written into law. The regulations state only that the investment must be sufficient to develop a successful, non-marginal business that meets the criteria above.
• Spouse of E-2 Investor will be issued an E-2 dependent visa which can allow the spouse to apply for work authorization based on their E-2 dependent visa.
• Children under 21 of the E-2 Investor will also be issued an E-2 dependent visa and are be able to attend school of their choice (in many states, children can qualify for in-state tuition at State Universities up until they reach the age of 21).
• The E-2 visa holder has the choice of living outside of the United States for undetermined amount of time and can re-enter the country for as long as their visa is valid.
• E-2 Visa holder may initially be granted visa for 5 years. Extensions of stay can be granted for further 2-5 years. There is no limit by law on how many times an E visa holder can extend their stay, so theoretically they could legally remain in the U.S. on E-2 visa and status indefinitely, as long as the investor owns the Company with substantial profit, and the Company did not become “marginal” in nature.
• Accompanying Spouse and Children under 21 years of age would qualify for Legal Permanent Resident (LPR) known as Green Card through Principal applicant if principal applicant change his status from E-2 to H1B Entrepreneur/Self-Employed or through Spouse, if Spouse would change his/her status in U.S. through suitable employment category and then apply Green Card through sponsoring company. If principal applicant is unmarried he/she can apply green card through marriage to U.S. Citizen or Permanent Resident.

U.S. L1-A (INTRA COMPANY TRANSFEREE) VISA FOR BANGLADESHI!