Employment-Based

E-2 Visa for Investors

Nelson & Nunez, PC regularly handles E-2 visas for investors from all over the world including Spain. Contact our office to schedule a consultation.

E-2 Visa for Investors from Spain:
The E-2 visa allows foreign nationals from treaty countries, including Spain, to enter the U.S. to invest in and manage a business. For investors from Spain, the process and requirements are similar to those outlined for other treaty countries, but there are some additional details and considerations that may be particularly relevant.

Eligibility Requirements:

1. Treaty Country: Spain is a treaty country under the U.S.-Spain Treaty of Friendship, Commerce, and Navigation, which allows Spanish nationals to apply for the E-2 visa.
2. Substantial Investment: The investment must be substantial relative to the total cost of the business. While there is no fixed minimum amount, the investment should be sufficient to ensure the business’s viability and success. Spanish investors should ensure that their investment meets this criterion by demonstrating how it is adequate to establish and run the business effectively.
3. Active Business: The investment must be in an active, operational business, not a passive investment or marginal enterprise. Spanish investors should provide a detailed business plan and evidence that the business will generate sufficient revenue to support them and their family.
4. Managerial Role: The investor must have a managerial or executive role in the business, overseeing significant operations or managing a substantial part of the business.
   

Application Process:

1. Prepare Documentation: Gather all necessary documentation, including proof of Spanish nationality, details of the business investment, evidence of the source of funds, and a comprehensive business plan.
2. Form DS-160: Complete Form DS-160 (Online Nonimmigrant Visa Application) and pay the application fee.
3. Form DS-156E: File Form DS-156E (Nonimmigrant Treaty Trader/Investor Application) with the U.S. Citizenship and Immigration Services (USCIS) or at a U.S. consulate. Spanish investors can apply at the U.S. Embassy in Madrid or at a U.S. consulate in Spain.
4. Consulate Interview: Schedule and attend an interview at the U.S. Embassy in Madrid or a U.S. consulate. Bring all supporting documents, including evidence of the investment and the business plan.
5. Approval and Visa Issuance: If approved, the E-2 visa will be issued, allowing entry into the U.S. to manage and operate the business.

Duration and Extensions:

• Initial Stay: The E-2 visa grants an initial stay of up to two years.
• Extensions: Extensions are possible and can be granted indefinitely as long as the business remains operational and meets the visa requirements.

Additional Considerations for Spanish Investors:

• Investment Funds: Spanish investors should ensure that their funds are invested directly into the U.S. business and are at risk. Funds held in escrow are acceptable if they are committed to the business.
• Business Plan: A thorough and well-prepared business plan is crucial for demonstrating the viability and potential success of the enterprise. Spanish investors should include detailed financial projections and a clear outline of the business operations.
• Consular Processing: The process at the U.S. Embassy in Madrid involves submitting detailed documentation and attending an interview. Be prepared to provide comprehensive evidence of the business and investment.
• Language: While the U.S. Embassy in Madrid operates in both Spanish and English, it may be beneficial for Spanish investors to have documents translated into English and be prepared to discuss business operations in English during the interview.
• Cultural Understanding: Understanding U.S. business culture and regulations can be beneficial. Engaging with legal and business professionals in the U.S. can help navigate any specific requirements or expectations.

Overall, Spanish investors seeking an E-2 visa should ensure that they meet all eligibility criteria and thoroughly prepare their application to demonstrate the substantial nature of their investment and their role in the business.


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