2. september 2024

Navigating the E-2 Visa: Understanding the Minimum Investment Requirement for Applications in Copenhagen

Thomas Thorup

The E-2 Visa is an attractive option for foreign investors looking to live and work in the United States. Known as the “Treaty Investor Visa,” the E-2 allows individuals from countries with which the U.S. maintains a treaty of commerce and navigation to invest in a U.S. business and manage their investment. For Danish nationals and other eligible applicants in Copenhagen, understanding the minimum investment required is crucial for a successful visa application.

What is the E-2 Visa?

The E-2 Visa is designed for entrepreneurs, investors, and business owners who wish to establish or buy a business in the United States. Unlike other visa categories, the E-2 does not require a specific minimum investment amount defined by U.S. law. Instead, the investment must be “substantial” in relation to the total cost of either purchasing or establishing the business. The applicant must also show that they will have control of the funds and that the investment is at risk, meaning it will be subject to loss if the business fails.

Minimum Investment: No Hard-and-Fast Rule

One of the most frequently asked questions by prospective E-2 Visa applicants is: “What is the minimum investment amount required?” The answer is not straightforward because the U.S. government does not set a fixed minimum. Instead, the investment amount is evaluated based on the type of business and its needs.

Here are some general guidelines:

  1. Proportionality: The investment must be proportional to the total cost of the business. For instance, if you are starting a small business with a total cost of $100,000, investing $50,000 may be considered substantial. However, if the business costs $10 million, a $50,000 investment would likely be deemed insufficient.
  2. Job Creation and Economic Impact: The investment should also be significant enough to create jobs for U.S. workers and contribute positively to the local economy. A larger investment that creates more jobs is likely to be more favorably viewed.
  3. Typical Investment Amounts: While there is no minimum, most successful E-2 Visa applicants typically invest around $100,000. This range is often considered substantial for many small to medium-sized businesses. However, some companies have been successful after investing as little as $50,000.

Specific Considerations at the U.S. Embassy in Copenhagen

Applying for an E-2 Visa through the U.S. Embassy in Copenhagen involves meeting the general requirements set by U.S. immigration law, but there may be specific nuances or expectations due to regional economic conditions or the embassy’s own standards.

  • Strong Business Plan: The Copenhagen U.S. Embassy, like others, will scrutinize your business plan. A well-detailed plan that outlines how your investment will lead to a successful, profitable business is crucial. This plan should include detailed financial projections, marketing strategies, and a clear path to job creation.
  • Documentation: Ensure all financial documents, including proof of funds, transfer of funds, and business expenses, are meticulously prepared. The embassy will want to see that your investment is not only substantial but also fully committed to the business.
  • Legal and Professional Advice: Given that the definition of a “substantial” investment can vary, it’s wise to consult with a U.S. immigration attorney or a professional experienced with E-2 Visa applications such as the attorneys at Thomas Thorup Law. They can help ensure that your investment meets the necessary requirements and that your application is complete and persuasive.

Final Thoughts

The E-2 Visa offers a unique opportunity for Danish nationals and other treaty country citizens to invest in the United States and manage their business there. While there is no strict minimum investment amount, the key lies in ensuring that your investment is substantial relative to the total cost of the business, is sufficient to create jobs, and will have a positive economic impact.

When applying at the U.S. Embassy in Copenhagen, pay close attention to the quality of your business plan and documentation. With the right preparation and a solid investment strategy, you can navigate the E-2 Visa process successfully and take the first steps toward establishing your business in the U.S.

Thomas Thorup, advokat (H) (Danmark), Attorney-at-law (California, District of Columbia, Supreme Court of the United States)