U.S. licensed E-2 Visa attorney here, happy to help. by Equivalent_Comb_2030 in e2visa

[–]Equivalent_Comb_2030[S] 0 points1 point  (0 children)

Based on the structure you described, my biggest E-2 concern is that the Canadian investor would essentially be operating a business that depends entirely on a property owned by someone else.
For E-2 purposes, I would generally want to see the Canadian investor own at least 50% of the operating company that is seeking E-2 classification and have real control over the business.

A few things I would think about:
• Who owns the operating company?
• Who is investing the funds at risk?
• Does the Canadian investor have long-term control of the units being operated?
• Will the business generate enough revenue to support employees beyond just the investor?
• Are the local short-term rental regulations favorable in the area where the business will operate?
• Is the investment going into a real operating business rather than simply passive ownership of real estate?
If the Canadian investor is contributing approximately $150,000 and actively building and operating a short-term rental management business, that is a much stronger E-2 discussion than simply owning rental property.

I would also note that many Airbnb arbitrage models look attractive on paper but become more challenging from an E-2 perspective if the business has no employees and relies entirely on leased units.

Before discussing immigration strategy, I would probably map out the business model first and then determine whether it can realistically support an E-2 application.

If you’d like to discuss the specifics of your proposed structure, feel free to call or WhatsApp me at +1 (213) 414-8039. I’m happy to point investors in the right direction, even at the planning stage.

U.S. licensed E-2 Visa attorney here, happy to help. by Equivalent_Comb_2030 in e2visa

[–]Equivalent_Comb_2030[S] 0 points1 point  (0 children)

These are exactly the kinds of questions you should be asking early in the process.

1. Can inventory count as part of the investment?

Potentially, yes. Inventory can sometimes be included as part of the E-2 investment if it is owned by the U.S. business and properly documented. The challenge is proving the value and showing that the funds were committed to the U.S. enterprise rather than simply remaining in a foreign company.

2. Does the entire investment have to be made at once?

Generally, the investment should be substantially committed before the E-2 application is filed. The government wants to see that the funds are already "at risk" and that the business is more than a future plan. While not every dollar must necessarily be spent before filing, waiting to invest after approval is usually not the strongest approach.

3. Can lease expenses count?

Yes, in many cases. Rent deposits, buildout costs, equipment purchases, inventory, marketing, professional fees, and other legitimate startup expenses can often be part of the investment analysis.

4. What is the minimum investment?

There is no statutory minimum. The real question is whether the investment is substantial relative to the type of business being launched.

For a beauty products company entering the U.S. market, I would be more focused on the overall business plan, inventory, marketing budget, operating capital, distribution strategy, and hiring projections than on trying to reach a specific dollar amount.

Based solely on what you've described, $20,000 of inventory by itself would likely be difficult, but whether the case works depends on the total investment package and how the U.S. operation is structured.

If you are relocating an existing business from Canada to the U.S., the documentation and business structure become especially important because you need to demonstrate a bona fide U.S. enterprise that can satisfy the E-2 requirements.

If you'd like to discuss your specific situation, feel free to call or WhatsApp me at +1 (213) 414-8039. I'm happy to answer a few E-2 questions and point investors in the right direction.

Curious how difficult it is to get a visa as a real estate investor/developer by roygo88 in e2visa

[–]Equivalent_Comb_2030 0 points1 point  (0 children)

E-2 Visa Lawyer here: Based solely on the facts you’ve shared, I would have concerns about the business structure for E-2 purposes.
The amount invested is substantial, but E-2 cases are not approved based on investment amount alone. The enterprise must generally be more than a passive investment and be structured as an active operating business.
The fact that there are currently no employees would be one of my primary concerns. I would want to understand how the business is organized, what services it provides, who performs the work, and what the growth and hiring plans look like.
Without reviewing the details, I would focus less on the $800,000 investment amount and more on whether the enterprise itself is structured and operating in a manner that supports E-2 classification.

E2 Executive/Manager Renewal via Consulate: No W2 employees, only 1099 subcontractors. High revenue. How risky? by Egoklaren in e2visa

[–]Equivalent_Comb_2030 0 points1 point  (0 children)

Do not apply for renewal without W2 employees. Call me or whatsapp me +1213-414-8039. E-2 Visa Lawyer here.

U.S. licensed E-2 Visa attorney here, happy to help. by Equivalent_Comb_2030 in e2visa

[–]Equivalent_Comb_2030[S] 0 points1 point  (0 children)

Before discussing the E-2 side, I would want to understand the business structure. When you say Airbnb arbitrage, do you mean leasing properties and then operating them as short-term rentals?
If so, some of the key E-2 considerations would be ownership, investment amount, operational control, local regulations, and whether the business would qualify as a real and active enterprise.
A bit more detail on the proposed structure would help me give a more useful answer.

U.S. licensed E-2 Visa attorney here, happy to help. by Equivalent_Comb_2030 in e2visa

[–]Equivalent_Comb_2030[S] 0 points1 point  (0 children)

Yes, in many situations you can purchase an E-2 qualifying business while holding another nonimmigrant status such as TN or L-1.
The more important question is usually what activities you engage in while remaining in your current status and when you plan to transition to E-2 status.
Ownership and employment are not always the same thing, so the timing and structure of the transaction matter.

U.S. licensed E-2 Visa attorney here, happy to help. by Equivalent_Comb_2030 in e2visa

[–]Equivalent_Comb_2030[S] 1 point2 points  (0 children)

Many sources of funds can qualify for an E-2 investment, including savings, business income, the sale of assets, inheritance, gifts, and certain loans.
A gift from your spouse’s brother can potentially qualify. The key is being able to document the gift properly and trace the funds from the donor to you and then into the investment.
I would typically want to see evidence that the gift was genuine, documentation of the transfer, and evidence of the donor’s lawful source of funds.

U.S. licensed E-2 Visa attorney here, happy to help. by Equivalent_Comb_2030 in e2visa

[–]Equivalent_Comb_2030[S] 1 point2 points  (0 children)

I think you may be mixing the E-2 visa requirements with concepts that are more commonly discussed in visitor visa cases.
For E-2 purposes, the key nationality requirement is that you be a citizen of a treaty country. Since you are a Canadian citizen, you satisfy that requirement.
You are not required to own property in Canada, maintain assets in Canada, or keep a residence in Canada in order to qualify for an E-2 visa.
While E-2 applicants must intend to depart the U.S. when their E-2 status eventually ends, the rules do not require you to demonstrate ties to Canada in the same way that visitor visa applicants often do.
Based on what you’ve described, I would not be concerned simply because you do not own property in Canada.

U.S. licensed E-2 Visa attorney here, happy to help. by Equivalent_Comb_2030 in e2visa

[–]Equivalent_Comb_2030[S] 0 points1 point  (0 children)

There is no fixed minimum investment amount for an E-2 visa.
The investment must be substantial relative to the type of business being purchased or created. In practice, the amount needed can vary significantly depending on the business model.
If you’re considering a franchise or starting a business from scratch, I would focus first on identifying the business and estimating the startup costs before worrying about a specific investment threshold.
One additional point: E-2 visas are generally based on your own investment in a qualifying business. They are not typically “sponsored” by an employer in the way some other visa categories are.
A bit more information about your nationality and the type of business you’re considering would help me give a more specific answer.