by Angie Rupert

Want an E2 visa but not from a treaty country?  We have the answer! 

As a business owner, you know how large the United States market is, and how important it may be for your business.  With more than 350,000,000 people as your potential customers, opening an office in the US may be one of the most crucial moves you may make for your enterprise.  However, immigration to the US can be difficult for those not eligible for an E2 visa because of nationality. Specifically, those who have passports from Russia, China, Brazil and India may be left out of the market simply because they don’t have the “right” citizenship for an E2 visa. 

Luckily, there is hope – citizenship by investment. There are multiple countries in which you can invest and get citizenship.  Three of these countries are “treaty countries” with the US, which means citizenship will allow you to apply in the US for the E2 visa.  Two of the treaty countries, Moldova and Grenada, are viable options for citizens of non-treaty countries to move to the US and start a new business.  Both countries’ processes are relatively cheap (usually, much less expensive than an EB-5 investor visa) and quick: in some cases, you could be operating a business in the US in 6-12 months from today.  

Let’s take a look at these citizenship-by-investment programs and how they work.  Then, we’ll talk about the E2 visa and how that process works here in the US.  Operating your business in the US (and educating your children in the US) could be just this simple. 

Grenada

Grenada is one of the early adopters of the “citizenship by investment” options for foreign investors; and for years it was the only “treaty country” with this option.  Let’s take a look at the Grenada investment program: 

The investment 

There are two ways you can invest in Grenada to get citizenship: “National Transformation Fund” contribution or “Approved Project” (usually a large hotel development). The “NTF” contribution will be at least $150,000 USD.  On top of that, there will be various administrative fees of $8,000 USD. Those numbers go up if you have family members who will be getting citizenship, as well. If you choose to invest in an “Approved Project,” you invest a minimum of $350,000.  There will be various government and processing fees totaling a minimum of $58,000 USD. These numbers will depend on how many family members you are bringing with you.    

Benefits 

• You never need to go to Grenada in order to get citizenship.
• Quick turn-around time. Once you submit your investment packet the review period is limited to 60 days.  According to the government website, you can request your passport “shortly after” and you will receive a passport within days of a request.  

Moldova 

A “new kid on the block,” the Moldova citizenship by investment program just started accepting applications.  It’s still under the radar, and chances are there aren’t a lot of people in line before you at this point. Bottom line – hurry, and you could have citizenship before the end of the year.  Let’s break it down a bit: 

Investment 

Your contribution will be to the “Public Investment Fund” also called the “Sustainable Development Fund.” You must make a minimum contribution of €100,000 (approximately $116,000 USD as of the date of this writing). There will also be government, processing and administrative fees of at least €46,300 (approximately $53,500 USD as of the date of this writing). In other words, you can get citizenship in Moldova for about $170,000 USD.  This is only slightly higher than the base investment for Grenada. But, don’t let the initial numbers fool you – there are a ton of variables here.  

Benefits 

• The time frame is rather quick: a certificate of naturalization will take 90 days or less from the application date.
• While not a member yet, Moldova actively pursues EU membership. The EU’s increasingly close relationship with the country is a good sign.  In fact, Moldovan businesses commonly accept the Euro. 

Montenegro 

Although the numbers don’t really work (the investment amount for Montenegro plus the E2 visa investment is more than the minimum EB-5 investment), the newest option is citizenship by investment, Montenegro, deserves at least a glance.  This program will officially begin in October 2018 and is limited to 2,000 investors in the first few years. So, if you’re interested, get your checkbook ready and file as soon as you can.

Investment 

Although the details are a bit sparse now, the minimum investment amounts have been laid out.  Your investment will go to either projects in “developed areas” or projects in “under-developed areas.” For an investment in an under-developed area, you will need to invest a minimum of €250,000 (approximately $290,000). There is an additional “government fee” of €100,000 (approximately $116,000). If you’d like to invest in a developed area, your investment will be a minimum of €450,000 (approximately $520,000) plus the same “government fee.” 

The E2 Visa 

Once you get citizenship to one of these treaty countries, the process moves rather quickly.  (The average time frame is four months; but, this time frame can vary depending on your ability to gather the required documents quickly.) See the checklist, below, for details about how the process works in the US.  

1. STEP 1: Decide on a business that is a) legal b) for profit c) one you can successfully run d) one you are interested in running. Please keep in mind that you will need to be at least 50% owner of the business at all times.  (A 51% interest in the business is preferable.)  You can either buy an existing business or start a new business. 
2. STEP 2: Confirm that you are willing to spend a minimum of $100,000 USD on establishing the business. 
3. STEP 3: Before you invest any money, but you have completed steps 1 and 2, contact an E2 visa lawyer.  We will speak about how to document the investment and some ideas of what types of expenditures may work best. 
4. STEP 4: Start investing in the business and collecting documents.  
5. STEP 5: Send the required documents to the consulate in the country from which you have a passport. 
6. STEP 6: Make an appointment for an interview several weeks after we submit the evidence.  
7. STEP 7: Prepare for the interview with your attorney. 
8. STEP 8: Go to the interview at the US consulate in the country from which you have a passport.
9. STEP 9: Get approval/denial at the interview (in almost every case). If approved, you will receive your passport with the E2 visa about 5 business days after the interview.  At that time, you will come to the US and start working in your business. If denied, you will typically be given the reason why.  You can make changes and return with more evidence at any time.  

*One note – you must use the “new” passport in all dealings with the E2 visa.  If you come to the US to look at property, etc., you must use the “new” passport when you enter. 

Angie Rupert is an E2 visa attorney in the US.  She helps people from all over the world start businesses in the United States.  For more information, please contact ARupert @ RupertLawGroup . com +1 (323) 434-4385.